Elder Abuse And Neglect: Damages Recoverable

Through hard work and aggressive representation, the elder abuse lawyers at The Gebler Firm, PC, are proud to report that we have been extraordinarily successful in holding many nursing homes accountable for their negligent and abusive practices. Unfortunately, once the damage is done, the only way to punish the nursing homes is by way of monetary damages, which may include:

Compensatory Damages:

  • Loss of Quality of Life
  • Suffering
  • Pain
  • Past and Future Medical Expenses
  • Loss of Earnings

Damages For Wrongful Death:

  • Loss of Society
  • Loss of Comfort
  • Loss of Care
  • Loss of Compassion
  • Loss of Economic Benefit to Heirs

Special Damages Recoverable Under Elder Abuse Statutes:

  • Civil Penalties for Statutory Violations
  • Punitive Damages Against the Facility or Owners to Punish or to Make an Example
  • Attorney Fees

The special damages set forth above are the result of a nationally recognized crisis in elder care. Both state and federal legislation has been passed where attorneys have been called upon to "take up the cause" for victims of nursing home neglect. These laws establish increased damages recoverable for victims and their families who have suffered from neglect at the hands of their caregivers. Such types of damage have not previously been available in traditional personal injury or medical malpractice areas of the law.

Examples Of Recoveries

What Is A 'Typical' Elder Neglect Scenario?

The "typical" case involves some or all of the following scenarios: An elder falls and breaks a hip and is transferred from an acute hospital to a nursing or "rehabilitation" home for "short-term" physical and occupational therapy. Rather than performing aggressive physical therapy as ordered, the nursing home staff rarely assists the elder out of bed. Usually within two weeks of being bedridden, the elder develops a urinary tract infection, pneumonia and one or more decubitus ulcers (bedsores or pressure sores). Family members who are unaware of the necessity of frequent turning and repositioning report that they visited for 6-8 hours at a time without seeing anyone turn and reposition their loved one. More often than not, the pressure sores become infected from lack of hygiene and eventually involve the bone. We have achieved settlements in numerous cases involving variations on the above theme in amounts varying from $100,000 to $500,000.

Contact Us | We Can Help

If you have any questions regarding the treatment your loved one has received, please contact us online or call 818-876-9600 for a free consultation. With offices in Calabasas and Long Beach, we proudly represent individuals and families throughout Southern California.