Finances unfortunately play a significant role in elder abuse cases. The act under which we bring these cases in California is called the Elder and Dependent Adult Civil Protection Act (EDACPA). This act entitles plaintiffs to certain heightened remedies when they can demonstrate specific elements at a jury trial.
The main element we must show under this act is the mental state of the defendants. We have to demonstrate that they acted with a reckless, malicious, oppressive, or fraudulent mental state when committing the abuse. Unfortunately, this mental state is very common in nursing home abuse cases. At the core of many custodial failures is understaffing—there are not enough nurses or CNAs to ensure residents have water, are turned and repositioned, or are monitored if they elope.
When staffing is insufficient, it usually stems from financial decisions. Labor costs are one of the largest expenses in operating these facilities, and when management makes the decision to cut costs on staffing, the tragic consequences often follow.
This is where finances play a huge role in elder abuse cases—they are often the driving force behind the unsafe conditions. At Cutter Law, our work under this act focuses on addressing the root cause of these problems. It is not about blaming the individual nurse assigned 27 patients; it is about the systematic decisions that created a scenario in which someone had too much work and something foreseeable happened.
