Physical Abuse & Neglect
Legal Definitions

Elder Abuse Attorney

Physical Abuse & Neglect

Southern California’s Elder Abuse Lawyer

“After many years defending corporate owners of nursing homes, I decided I would rather help protect those who cannot protect themselves… My experience makes me uniquely qualified to represent these individuals and their families at the level they deserve.”

Legal Definitions of Physical Abuse & Neglect

Abuse of an elder or a dependent adult means either of the following:

  1. Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.
  2. The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.

“Goods and services necessary to avoid physical harm or mental suffering” include, but are not limited to, all of the following:

  1. The provision of medical care for physical and mental health needs.
  2. Assistance in personal hygiene.
  3. Adequate clothing.
  4. Adequately heated and ventilated shelter.
  5. Protection from health and safety hazards.
  6. Protection from malnutrition, under those circumstances where the results include, but are not limited to, malnutrition and deprivation of necessities or physical punishment.
  7. Transportation and assistance necessary to secure any of the needs set forth above.

Elder Neglect

“Neglect” means either of the following:

(1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.

(2) The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise.

(b) Neglect includes, but is not limited to, all of the following:

  1. Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.
  2. Failure to provide medical care for physical and mental health needs.
  3. Failure to protect from health and safety hazards.
  4. Failure to prevent malnutrition or dehydration.
Ramon E Lewis - Southern California’s Elder Abuse Attorney
Ramon E. LewisSouthern California's Elder Abuse Attorney

Client Testimonals

Awesome Lawyer for our nursing home case.

From our first call to Ray about a terrible injury to our mother at a nursing home, we immediately felt at ease.  He was  down-to-earth and very knowledgeable.  He explained the challenges and risks of our case and agreed to conduct a thorough investigation.  After obtaining and reviewing the relevant records, Ray took our case.   Throughout the case he kept us informed of all developments.  We trusted Ray’s judgment and did not jump at the first several settlement offers that he felt were too low.  His resilience and hard work paid off.  The nursing home ultimately increased its settlement offer and we were very happy with the result.  We can’t thank Ray enough.
— Janice