Elder Abuse

Dummit Buchholz & Trapp has represented more hospitals in the state of California than any other law firm over the past several decades, and as a result has gained extensive experience in successfully defending claims based on the Elder Abuse and Dependent Adult Civil Protection Act (Welfare & Institutions Code section 15600).

Under California law, any patient over 18 years of age who is hospitalized overnight in an acute care hospital qualifies for protection under the Elder Abuse Act. As a result, hospitals in California have faced a substantial amount of Elder Abuse Act based claims in the last 20 years.

Based on the favorable results we have achieved for our hospital clients in this area of the law, the firm has expanded its Elder Abuse Act work to skilled nursing facilities, rehabilitation centers, and other long-term care facilities. The firm has developed unique strategies and legal arguments to help limit or eliminate some of the most common causes of action in elder abuse related litigation. As a result, causes of action such as wrongful death based on the Elder Abuse Act, Violation of Patient’s Rights, Negligent Hiring and Supervision, and Claims based on Department of Public Health Notices of Deficiency rarely create any significant problems or issues in cases handled by the Firm in the elder abuse field of law.

The Firm has attorneys in its San Diego, Los Angeles and Sacramento offices who specialize in elder and dependent adult litigation. The Firm has never lost a trial involving allegations of elder abuse, and has won dependent adult and elder abuse trials in both 2014 and 2015.

Given the rapidly increasing elderly and retired population in California, Elder and Dependent Adult Abuse litigation is one of the fastest growing areas of the Firm’s practice now.