Washington Elder Abuse Lawyers
Washington Elder Abuse Law
The Bernard Law Group has been successfully representing the victims of adult abuse, elder abuse, nursing home abuse, and nursing home neglect for years. Our Seattle elder abuse lawyers have an excellent understanding of all applicable Washington elder abuse laws. Below we have outlined and explained an important elder abuse law to provide our clients with accurate and correct legal information. If you or a loved one has been the victim of elder abuse or nursing home abuse please get help! Contact the Bernard Law Group today to discuss your case.
Washington's elder abuse statute is found at Wash. Rev. Code Ann. §74.34.010 et seq. and is entitled: "Abandonment, abuse, financial exploitation, or neglect of a vulnerable adult for damages." It provides for a cause of action for vulnerable adult abuse and it reads in part: "In addition to other remedies available under the law, a vulnerable adult who has been subject to abandonment, abuse, financial exploitation, or neglect either while residing in a facility or in the case of a person residing at home who receives care from a home health, hospice, or home care agency, or an individual provider, shall have a cause of action for damages on account of his or her injuries, pain and suffering, and loss of property sustained thereby." It further provides that a prevailing plaintiff shall be awarded actual damages and costs of suit, including reasonable attorney fees.
Some important definitions relating to elder or nursing home abuse or neglect include:
"Abuse" means the willful action or inaction that inflicts injury, unreasonable confinement, intimidation, or punishment on a person. In instances of abuse of a vulnerable adult who is unable to express or demonstrate physical harm, pain, or mental anguish, the abuse is presumed to cause physical harm, pain, or mental anguish. Abuse includes sexual abuse, mental abuse, physical abuse, and exploitation of a vulnerable adult.
"Physical abuse" means the willful action of inflicting bodily injury or physical mistreatment. Physical abuse includes, but is not limited to, striking with or without an object, slapping, pinching, chocking, kicking, shoving, prodding, or the use of chemical restraints or physical restraints unless the restraints are consistent with licensing requirements, and includes restraints that are otherwise being used inappropriately.
"Facility" means boarding home, nursing homes, or any other facility licensed by the department of social and health services.
"Neglect" means (a) pattern of conduct or inaction by a person or entity with a duty of care that fails to provide the goods and services that maintain physical or mental health of a vulnerable adult, or that fails to avoid or prevent physical or mental harm or pain to a vulnerable adult; or (b) an act or omission that demonstrates a serious disregard of consequences of such a magnitude as to constitute a clear and present danger to the vulnerable adult's health, welfare, or safety.
Washington law provides for the survival of non-economic damages for the benefit of the decedent's beneficiaries, but for purposes of obtaining these non-economic damages "beneficiaries" do not include the parents or siblings of the decedent who are not dependent on the decedent for support.
The statute of limitations (SOL) for actions or injuries resulting from health care against health care providers (including nursing homes) based upon the professional negligence of the health care provider is three years. This SOL specifically applies to nursing homes, but also only specifically applies to causes of actions based on "professional negligence". The elder abuse statute is unclear, but the definitions of "neglect" and "abuse" seem to contemplate something beyond professional negligence.
A cause of action for common law fraud has a statute of limitations of three years and must be proven by clear, cogent and convincing evidence.
Washington does not allow for punitive damages unless explicitly provided by statute, for public policy reasons. Punitive damages are not specifically provided for in the vulnerable adult abuse statute.
