Frequently, a plaintiff will be able to establish that a nursing facility had been inspected in the past as a result of complaints and that a government agency had issued a "statement of deficiency."

At times the inspections can occur without patients' complaint and a "statement of deficiency" will still be rendered. The Department of Health Services will present the "statement of deficiency" listing a series of violations of State and Federal law and a description of the conduct found to be in violation of the law.

The nursing facility is then required to create a plan to correct each and every deficiency with a stated completion date.

Frequently, the nursing facility does not follow through on its plan and this can be established through investigation and review of the plaintiff's medical records.

In an elder abuse case, the defense will attempt to keep out of evidence a statement of deficiency because it is hearsay while plaintiff will attempt to introduce the statement because it is relevant to the "malice, fraud, oppression or recklessness" standard for elder abuse and the similar standard for punitive damages. Thus, a plaintiff will claim that it should be introduced into evidence, not to establish the truth of the statement (which would be hearsay) but, rather, to establish defendant's knowledge of its inadequate operation and failure to make appropriate corrections.

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.