What Is Neglect under the Elder Abuse and Dependent Adult Civil Protection Act?

Neglect means either:

  • The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise; or
  • The negligent failure to exercise that degree of care that a reasonable person in a like position would exercise. Under the statute, neglect includes but is not limited to:
  • Failure to assist in personal hygiene of in the provision of food, clothing or shelter.
  • Failure to provide medical care for physical and mental health needs.
  • Failure to protect from health and safety hazards.
  • Failure to prevent malnutrition or dehydration.

Note that in cases against licensed health care providers who are covered by MICRA in order to receive the enhanced remedies under the elder abuse law, a plaintiff must prove some misconduct more than mere medical negligence.

If you are a concerned relative or friend of an elderly person that you believe is suffering from elder abuse in the Los Angeles area, we'd like to hear from you. Contact us online or call us at 818-756-2029 to set up a FREE consultation to discuss your legal options.