The Elder Abuse Act AppliesTo Long Term Care Facilities says Los Angeles Elder Abuse Attorney Steven C. Peck

Written by Adam Peck Category: Elder Law January 26th, 2013 1 min read

The application of the Elder Abuse Act against acute care facilities fits squarely under the existing case law, statutory language, and jury instructions. Indeed, the Elder Abuse Act itself includes a broad list of facilities to which the Act applies, making no distinction between skilled nursing facilities and acute care facilities. Welfare and Institutions Code Section 15610.17 states in part:
“Care custodian” means an administrator or an employee of any of the following public or private facilities or agencies, or persons providing care or services for elders or dependent adults, including members of the support staff and maintenance staff:

(a) Twenty-four-hour health facilities, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.
Health and Safety Code Section 1250 includes “general acute care hospital,” as well as “skilled nursing facility,” providing a solid basis for the argument that the Elder Abuse Act applies equally to the acute care setting.
Similarly, the CACI Jury Instructions on Elder Abuse make no distinction between elder abuse in a skilled nursing facility and elder abuse in the acute care setting. Notably, CACI 3103 specifically provides for a cause of action against a health care provider for custodial neglect without regard to the type of facility:

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Written by Adam Peck

Expertise: Personal Injury

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.