If Injured, What Can You Recover?
By statute, any plaintiff that can prove elder abuse under the California Patients’ Bill of Rights or any other state or federal regulation that relates to elderly care, may be able to recover up to $500 per violation in statutory damages. While this amount may seem small, the damages are per violation and where there is one violation, there tend to be many more instances of elder abuse.
In egregious cases, where a plaintiff can prove that the facility acted in a way that they knew would cause harm, they can be liable for punitive damages. These types of damages require the plaintiff to show “recklessness, oppression, fraud, or malice” in the treatment of the elderly individual.
Additionally, it is possible that due to the nursing home or care facilities negligence, that the individual will require ongoing medical care and experience additional pain and suffering. An elder abuse plaintiff who is injured like this may pursue these damages as well as attorneys’ fees in bringing the claim for more call (916) 619-5452.