California's Elder and Dependent Adult Protection Laws
Medical Injury and Compensation Reform Act • Elder Abuse and Dependent Adult Civil Protection Act
There are two protective laws that apply specifically to seniors and dependent adults:
- The Medical Injury and Compensation Reform Act (MICRA)
- The Elder Abuse and Dependent Adult Civil Protection Act
MICRA governs lawsuits about professional negligence against healthcare providers (doctors and nurses, nursing homes and long-term care facilities, hospitals and clinics, VA hospitals, pharmacies, dentists).
These same people and institutions can also be held legally accountable under the Elder Abuse Act because professional negligence is considered neglect under the Elder Abuse Act.
Abuse of an elder or dependent adult includes any of the following: assault, unreasonable physical restraint, prolonged deprivation of food or water, isolation, or rape or sexual molestation. Physical abuse results in physical harm, pain or mental suffering.
Neglect of an elder or dependent adult is defined as caregiver failure to exercise the degree of care that a reasonable person in a like position would exercise. It can include failing to assist in personal hygiene; failing to provide food, clothing, or shelter; failing to provide medical care, and failing to protect the dependent adult from health and safety hazards.
For more than 50 years, the elder law attorneys of Lin/Santo LLP in Joint Venture with Furtado, Jaspovice & Simons have helped family members of seniors and dependent adults seek compensation and justice in cases of elder abuse or neglect of a dependent adult. From our Hayward, California law office we represent people in the San Francisco Bay Area and throughout Northern California.
We invite you to contact our Hayward office if you have questions about the protections afforded under California's Elder Abuse and Dependent Adult Civil Protection Act. Call toll-free at 877.LAW.1080 to speak to a lawyer for a free consultation.
All Seniors Have Rights and Protections
It's important to understand that a senior citizen does not need to be a dependent adult to be covered under the Elder Abuse and Dependent Adult Civil Protection Act. You can bring a case for abuse under the Act even if you are living independently.
However a case for neglect cannot be brought by a senior or a conservator or guardian unless the elder is under the "care or custody" of a facility.
Learn more about the Elder Abuse and Dependent Adult Civil Protection Act and the services we provide for dependent elders as well as for dependent adults who are not yet senior citizens.
Contact our office or call us toll-free at 877.LAW.1080 for a free initial interview. We handle all cases involving senior health issues on a contingency basis. No payment is accepted unless we win your case.
