Neglect Under the Elder Abuse and Dependent Adult Civil Protection Act

Elder neglect is a serious legal issue that can have devastating consequences for some of society’s most vulnerable individuals. Under California law, the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) (Welf. & Inst. Code, § 15610.07), elder neglect is a distinct cause of action that allows victims or their survivors to seek damages for harm caused by caregivers who fail to meet their obligations. This post explores the legal framework surrounding neglect claims, key legal precedents, and how individuals can seek justice under the law.

What Constitutes Neglect?

Under California Civil Jury Instruction (CACI) No. 3103, neglect occurs when a defendant has a substantial caretaking or custodial relationship with an elder (age 65 or older) or dependent adult and fails to use reasonable care in providing for their basic needs. This includes:

1. Assisting in personal hygiene, providing food, clothing, or shelter.
2. Providing necessary medical care for physical and mental health.
3. Protecting the individual from health and safety hazards.
4. Preventing malnutrition or dehydration.

To establish a claim, a plaintiff must prove that the defendant’s failure to provide care was a substantial factor in causing harm to the elder or dependent adult. These failures can be deliberate or arise from systemic deficiencies, such as understaffing in a nursing home or the lack of appropriate medical oversight.

Legal Framework and Case Law

1. Distinguishing Neglect from Medical Malpractice

Not every act of negligence by a healthcare provider constitutes elder abuse. The California Supreme Court in Winn v. Pioneer Medical Group, Inc. (2016) 63 Cal.4th 148, 152 clarified that the Elder Abuse Act does not apply to all treatment provided to elderly patients. Instead, there must be a substantial caretaking or custodial relationship beyond professional medical care. The Act is designed to protect against gross mistreatment, not simply medical negligence. This means that a doctor or hospital treating an elder does not automatically fall under the EADACPA unless they assume a broader caretaking role.

2. Duties of Caregivers and Institutions

Neglect is not limited to individuals but also extends to institutions such as nursing homes and assisted living facilities. In Oroville Hospital v. Superior Court (2022) 74 Cal.App.5th 382, 405, the court reinforced that liability under EADACPA is determined by the scope of care provided. Even if multiple caregivers contribute to an elder’s well-being, any entity assuming substantial responsibility for basic needs can be liable.

Another key case, Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 783, emphasized that elder neglect claims focus on failure to provide essential care, rather than the quality of professional medical services rendered. This means that if a facility fails to provide necessary medical attention, clean living conditions, or proper nutrition, they may be liable under the Elder Abuse Act.

3. Enhanced Remedies for Elder Neglect

If a plaintiff can demonstrate that neglect was reckless, oppressive, fraudulent, or malicious, enhanced remedies become available under Welfare and Institutions Code § 15657. These remedies include:

1. Attorney fees and costs.
2. Damages for the decedent’s pre-death pain and suffering (in wrongful death cases).
3. Enhanced remedies were established to provide stronger incentives for accountability in elder care.

The legislative intent behind these heightened penalties is to prevent caregivers from cutting corners when it comes to the well-being of elders and dependent adults.

4. The Role of Elder Neglect Laws in Preventing Systemic Abuse

Beyond individual lawsuits, the Elder Abuse Act serves a broader purpose: preventing systemic neglect and abuse in elder care facilities. Many nursing homes and assisted living centers operate under profit-driven models that may prioritize cost-cutting over patient care. Systemic neglect may involve:

- Chronic understaffing that leaves residents without proper hygiene assistance.

- Failure to provide adequate nutrition or hydration.

- Ignoring signs of declining health or medical conditions.

Cases like Fenimore v. Regents of University of California (2016) 245 Cal.App.4th 1339, 1348-1349 illustrate how neglect can result from institutional failings, such as failing to follow staffing regulations or care protocols. When these failures result in harm, affected families have the right to seek legal recourse.

Filing an Elder Neglect Claim

Bringing a claim under the Elder Abuse Act requires substantial evidence of neglect, including:

- Medical records showing deterioration due to inadequate care.
- Testimony from caregivers, other residents, or family members.
- Photographic or video evidence documenting unsafe or unsanitary conditions.
- Records of prior violations or complaints against the facility or caregiver.

If you believe a loved one is experiencing neglect, documenting these conditions as soon as possible is critical. Reporting suspected neglect to Adult Protective Services (APS) or the California Department of Public Health (CDPH) can also help build a case.

Holding Defendants Accountable

The Elder Abuse Act recognizes that elders and dependent adults are particularly vulnerable to neglect, which can have life-threatening consequences. Legal actions under EADACPA ensure that individuals and institutions entrusted with caregiving responsibilities are held accountable when they fail to meet their duties.

If you or a loved one has suffered from elder neglect, legal options are available to seek justice. Consulting with an experienced elder law attorney can help you determine whether you have a valid claim and guide you through the legal process.

Conclusion

California law provides strong protections for elders and dependent adults against neglect. With legal precedents reinforcing the importance of caretaking responsibilities, victims and their families have avenues for recourse under EADACPA. If you believe neglect has occurred, seeking legal assistance promptly can be crucial to protecting your rights and securing appropriate remedies.

If you suspect elder neglect, don’t wait to take action. Contact our firm today to discuss your legal options and hold negligent caregivers accountable for their failures.

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