Elder Abuse


San Diego Elder Abuse Lawyers

San Diego elder abuse attorneys protecting seniors in California

There should be no greater joy than having a loving parent, grandparent, sibling, or relative to share memories with and enjoy every day. Seniors who live in long-term care facilities, spend their days at adult daycare centers, or live at home all deserve protection from any type of elder abuse. Sadly, many caretakers fail to question, educate, monitor, and discipline their staff about the dangers of abuse. When caretakers fail to prevent or tolerate abuse, family members and friends need to help their loved ones assert their rights. At Garcia & Antiglare, our San Diego elder abuse lawyers have helped thousands of seniors hold caretakers accountable for failing to protect the people in their care. Our record of settlements, awards, and verdicts includes more than 50 recoveries of $1 million or more. We’re ready to assert your loved one’s rights today.


What is elder abuse?

At Garcia & Artigliere, our San Diego elder abuse lawyers are strong advocates for seniors (anyone 60 or older) who are abused by an assisted living caretaker, an in-home caretaker, or any other type of caretaker.

The US National Institute on Aging defines the following types of abuse:

  • Physical abuseThis abuse is the use of any type of force that can cause pain. Common examples include striking, slapping, hitting, burning, or pushing a senior. Other forms of physical abuse include physical restraints, chemical restraints, and denying a senior their medications.
  • Sexual abuseThis type of abuse involves any nonconsensual acts involving sexual acts or the forced watching of sexual acts. Rape, any other type of sexual assault, and promises of better treatment in return for sex are all examples of sexual abuse. Abusers may include members of the caretaker’s staff, visitors, contractors, and even other residents. Seniors with cognitive disabilities are often targets of sexual abuse because of their inability to resist and their inability to report or testify due to their impairments.
  • Emotional abuse.  Emotional abuse is often used to control the behavior of the elderly by making the resident feel ashamed, guilty, or fearful. Common examples include yelling, insulting a senior, and separating the senior from family, friends, and other residents.
  • Neglect. Large nursing homes, small in-home agencies, and caretakers of all sizes and benefit levels in between have a duty to take proactive steps to prevent the seniors in their care from being harmed. The failure to follow standard caretaker best practices, to develop individual healthcare plans, and the failure to implement safety policies can cause residents and patients to suffer malnutrition and dehydration, falls, medication mistakes, bedsores, and many other types of harm. Our San Diego elder abuse lawyers are skilled at showing that understaffing, overworking employees, failing to train employees, and many other acts of neglect caused your loved one physical or emotional harm.

The National Institute of Aging emphasizes that each year hundreds of thousands of elderly people are abused, neglected, or taken advantage of.

What signs indicate a senior is suffering abuse in San Diego?

Our San Diego elder abuse lawyers recommend that the family and friends regularly visit and speak with senior residents and patients to look for the following signs of abuse:

Signs of physical abuse

  • Malnutrition and dehydration
  • Bowel and bladder disorders
  • Broken bones
  • Burns
  • Bruises, cuts, and lacerations
  • Poor personal grooming and hygiene
  • Clothes that don’t match or fit
  • Walkers, canes, and other assistive devices that are in a state of disrepair or aren’t being used
  • Sleep difficulties
  • Weight changes
  • Signs your loved one isn’t taking his/her medications
  • Physical pain
  • Any indications that your loved one is being physically or chemically restrained

Signs of emotional abuse

  • Confusion
  • Withdrawal from family, friends, and social activities with other residents or elderly friends
  • Rocking back and forth
  • Anxiousness, irritability, and depression
  • Unhappiness
  • Feelings of helplessness
  • Signs of post-traumatic stress disorder (PTSD)

Some of the signs of sexual abuse include sexually transmitted diseases, torn undergarments, lack of communication, talking about sex more than expected, complaints about a resident’s sexual parts, fear of another resident or a caretaker staff member, and many other physical and emotional signs.

Additional indications of elder abuse or neglect include:

Nursing Home Neglect Lawyers

How can those who love seniors help when the elderly are abused in San Diego?

Seniors who are abused by a San Diego caretaker rely on their family members, friends, and other caretakers to protect them. Many seniors are too afraid to respond after any type of elder abuse occurs or due to their cognitive abilities can’t even remember what happened. Children and other caring people in a senior’s life can help by:

  • Regularly spending time with their loved one at the nursing home, assisted living facility, their home, or any other caretaker location – in person, by phone, and by email. It’s good to switch up the visiting hours so you can observe everyone who might be abusing your loved one.
  • Viewing the facility or home to see if there are steps that could be taken to prevent falls or other risks.
  • Ensuring that the senior is taking his/her medications.
  • Observing how your parent or other loved one is interacting with other seniors and whether they’re participating in any social activities.

Relatives and others who suspect abuse should contact the San Diego Long-Term Care Ombudsman or an adult protective service. The San Diego ombudsman investigates nursing home abuse and tries to find a solution.

Family members and others should also contact our experienced San Diego elder abuse lawyers. We’re ready to help your loved one today.

How do you fight for elder abuse victims in San Diego?

At Garcia & Artigliere, our seasoned San Diego elder abuse lawyers have more than 150 years of combined experience fighting for abused seniors. We’ve obtained more than $3 billion in recoveries.

We’re skilled at showing that caretakers violated federal and California caretaker laws and standard caretaker best practices. We work with the police (who may conduct an investigation when there is abuse), the local ombudsman, and local adult protective services.

Our team works with your loved one’s doctors and our own network of doctors to show what physical, sexual, and emotional abuse occurred; what treatments your loved one needs, and every way the abuse has affected your loved one’s ability to enjoy their remaining years. We demand full compensation for your loved one’s medical bills and your loved one’s trauma. We also filed wrongful death actions if your loved one died to any type of elder abuse in San Diego.

Our record of successes includes:

  • Acted as counsel in the largest Elder Abuse and Dependent Adult Civil Protection Act settlement in California history. The claim settled for more than $38.6 million.
  • Recovered mor than $19 million in an arbitration award involving medical devices
  • Represented clients in many class action claims – and obtained more than $100 million in those cases.

Do you have a San Diego elder abuse lawyer near me?

Garcia & Artigliere represents San Diego elder abuse victims. Our trial lawyers fight for seniors throughout California. We assert the federal and California laws that protect seniors. We understand the steps your caretaker should have taken to protect your loved one. In 2022, we recovered $50 million for our clients.

Speak with the experienced San Diego elder abuse lawyers at Garcia & Artigliere today

At Garcia & Artigliere, our San Diego elder abuse attorneys are respected by former clients for our compassion and dedication, insurance companies for our thorough preparation, and defense lawyers for our skills in the courtroom. To help a senior you love obtain justice for any type of abuse by a San Diego caretaker, call us or fill out our contact form to schedule a free, confidential consultation. We proudly serve San Diego. Our elder abuse lawyers represent clients across California including Los Angeles, San Francisco, and Long Beach; and in Arizona, Kentucky, and Louisiana. We handle elder abuse claims on a contingency fee basis.

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