Punitive damages are damages awarded to punish the defendant. They are frequently the most significant element of damage in an elder abuse case since almost by definition, conduct that rises to the level of elder abuse also rises to conduct which, under California law, is worthy of a punitive damage award. The only exception might be that a defendant can be found guilty of elder abuse based on a finding of "recklessness" which may not be enough misconduct to meet the requirements for a punitive damage award.

In California, punitive damages may be awarded upon proof of clear and convincing evidence of oppression, fraud and malice.

The exact same standards apply for an employer's liability for elder abuse as apply to an employer's liability for punitive damages. That is, there can be neither a finding for elder abuse nor for punitive damages based on the acts of an employee of the employer unless:

• The employer had advanced knowledge of the unfitness of the employee and employed him or her with a conscious disregard of the rights or safety of others.
• The employer authorized or ratified the wrongful conduct for which the damages are awarded.
• The employer was personally guilty of oppression, fraud or malice.

If plaintiff can establish a punitive damage claim, there is no set limit on the amount of the award even in malpractice actions.

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.