Last week, Governor Jerry Brown signed SB 219 (view here(link is external)) into law – a bill aimed at protecting LGBT seniors from discrimination in long-term care facilities. The bill adds specific protections for LGBT residents of skilled nursing facilities, residential care facilities for the elderly, and intermediate care facilities and enacts a Bill of Rights for LGBT Long-Term Care … Read More
Elder Abuse in Humboldt County
In California, Elder Abuse is both a crime and a civil offense. Unfortunately, it goes unreported for a variety of reasons–embarrassment of the victim, inability of others to identify the issue, or a victim’s desire not to pursue the matter against a family member or loved one. Generally, elder abuse is the physical or financial abuse or neglect or other … Read More
In Fenimore, The Court of Appeals Limits The Scope of Worsham
In Worsham v. O’Connor Hospital (2014) 226 Cal.App.4th 331, a patient brought an action against a hospital for elder abuse claiming that, as a result of understaffing and undertraining at the hospital, Worsham suffered a fall, breaking her hip. In a case nearly devoid of analysis, the Worsham court held that allegations of inadequate staffing were nothing more than allegations of “professional negligence” and … Read More
Janssen Malloy LLP Wins Appeal Preserving Right to Trial Over Arbitration
Janssen Malloy LLP obtained a unanimous First District Court of Appeal decision recently in a wrongful death/elder abuse action regarding Timber Ridge Assisted Living LLC (Timber Ridge). Partner Michael Crowley argued the matter before the three justice panel. The Court of Appeal ruled 3-0 that plaintiff Valerie Monschke, as personal representative of her mother’s estate, could proceed to a jury … Read More
Elder Abuse Claims in Transactions
As our population ages, it is only natural there are more transactions where one of the parties is a senior citizen. Parties to a transaction need to remember that the Elder Abuse Dependent Adult Civil Protection Act (EADACPA) applies to transactions with seniors.If it is believed that an elder has been taken advantage of in a transaction, it may lead … Read More
Nursing Home Rights at Admission
If you or a loved one is entering a skilled nursing facility (“SNF”) in California for any length of time, you may be asked to sign an arbitration agreement with the SNF. Typically, such agreements are presented at the time of admission or just prior. Arbitration agreements typically are those that waive a SNF resident’s rights under the law—like the … Read More