Abuse vs. Negligence

Los Angeles Elder Neglect and Nursing Home Negligence Lawyer

When an elderly person has been mistreated by nursing home staff, hospital workers, assisted living personnel, or other caregivers, there is an important question to consider: Is it abuse? Or, is it only negligence? There is a difference, and it is an important one.

At the Los Angeles law office of Kevin P. Kane, I, California elder abuse attorney Kevin P. Kane, have a thorough knowledge of California law regarding these types of matters and have extensive experience dealing with elder abuse cases.

The key to determining whether the mistreatment your loved one received was abuse or negligence lies in uncovering the facts. Sometimes it is easy to tell; other times, it is much more difficult and complicated by the fact that caregivers and heath care workers responsible for the mistreatment often cover their misconduct by falsifying records and destroying key evidence.

If you suspect your elderly family member is being mistreated by caregivers, contact me immediately. Don't worry about whether it is abuse or negligence - leave that to me. I will uncover the facts and work diligently to hold people and institutions accountable for the harm they have caused.

What is the difference between Abuse and Negligence?

The key difference between abuse and negligence lies in the legal theory of "recklessness." Recklessness involves a person's willful and conscious choice to pursue an action, even though they know it will cause harm ("conscious disregard of the rights of others"). It is something more that simply carelessness or an accident.

Reckless conduct can be perpetrated by an individual, or, more importantly, by the institution providing the care. Often nursing homes and other care facilities are guilty of failing to intervene in known patterns of workplace abuse and neglect. They are conscious of the way they are running their operation, yet they go ahead and run it that way anyway, creating an environment ripe for neglect, injury, and wrongful death. When proven with the right evidence, this is abuse, not merely negligence, and the legal remedies are significantly greater.

If you suspect your elderly family member is being abused or neglected, act immediately. Whether you suspect reckless neglect, physical abuse, nursing home emotional abuse, or financial abuse, you need to take action.

Contact me today at the law office of Kevin P. Kane to take the first step toward pursuing justice. I offer a free initial consultation and the vast majority of the cases I accept are done on a contingency basis - you pay nothing unless we recover a favorable verdict or settlement for you.

Los Angeles, California, elder abuse and neglect attorney Kevin P. Kane is dedicated to helping seniors and their families throughout Southern California, the San Fernando Valley, South Bay, and the Inland Empire, including Los Angeles County, San Diego County, Orange County, San Bernardino County, Riverside County, Santa Barbara County, and the cities of Los Angeles, Santa Monica, Riverside, San Bernardino, Santa Ana, Long Beach, Beverly Hills, Marina Del Rey, Culver City, Century City, Westwood, Pasadena, Sherman Oaks, Encino, Palm Springs, and San Diego.