Drue Lyn Kirby

Drue Lyn Kirby Bothell Elder Law Attorney

Posted over 14 years ago.

I agree. Call the police and if need be call the county prosecutor. many prosecutor's offices have elder abuse teams with attorneys, investigators and advocates. You should not let this go and shame on the doctor. I would also be concerned about your mother. Perhaps she has dementia of some sort or was overwelmed by her caretaking duties? She may need to see a doctor for her issues too. Elder abuse is common and should be taken very seriously good luck as this is a difficult situation.

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Asker

Posted over 14 years ago.

Thank you for the response. My mother is quite a bit younger than my stepfather was. She doesn't have dementia but is extremely narcissitic and was overwhelmed by his dependence on her.

I was not asking in terms of the crime...APS never did anything but make a phone call. I am wondering if there is some legal remedy for his suffering since he has already died. And if there is some culpability of the doctor for not reporting the abuse when he was notified. If he stepped in and administered the medication to my stepdad, his death could have likely been prevented.

Felicia Curran

Felicia Curran Oakland Nursing Home Abuse / Neglect Lawyer

Posted over 14 years ago.

The California Elder Abuse and Dependendent Adult Protection act provides for damages for a deceased elder's pre-death pain and suffering, payable to his estate and excluding the perpetrator. You have to prove your case by clear and convincing evidence, a strict level of proof.

Felicia Curran

Felicia Curran Oakland Nursing Home Abuse / Neglect Lawyer

Posted over 14 years ago.

The California Elder Abuse and Dependendent Adult Protection act provides for damages for a deceased elder's pre-death pain and suffering, payable to his estate and excluding the perpetrator. You have to prove your case by clear and convincing evidence, a strict level of proof.

Felicia Curran

Felicia Curran Oakland Nursing Home Abuse / Neglect Lawyer

Posted over 14 years ago.

The California Elder Abuse and Dependendent Adult Protection act provides for damages for a deceased elder's pre-death pain and suffering, payable to his estate and excluding the perpetrator. You have to prove your case by clear and convincing evidence, a strict level of proof.

Felicia Curran

Felicia Curran Oakland Nursing Home Abuse / Neglect Lawyer

Posted over 14 years ago.

The California Elder Abuse and Dependendent Adult Protection act provides for damages for a deceased elder's pre-death pain and suffering, payable to his estate and excluding the perpetrator. You have to prove your case by clear and convincing evidence, a strict level of proof.

Felicia Curran

Felicia Curran Oakland Nursing Home Abuse / Neglect Lawyer

Posted over 14 years ago.

The California Elder Abuse and Dependendent Adult Protection act provides for damages for a deceased elder's pre-death pain and suffering, payable to his estate and excluding the perpetrator. You have to prove your case by clear and convincing evidence, a strict level of proof.

Felicia Curran

Felicia Curran Oakland Nursing Home Abuse / Neglect Lawyer

Posted over 14 years ago.

The California Elder Abuse and Dependendent Adult Protection act provides for damages for a deceased elder's pre-death pain and suffering, payable to his estate and excluding the perpetrator. You have to prove your case by clear and convincing evidence, a strict level of proof.

Barbara Adler West

Barbara Adler West Bellevue Elder Law Attorney

Posted almost 14 years ago.

Washington State also provides for an action against someone who abused a "vulnerable adult" during his lifetime. Washington now also excludes anyone from inheriting from the estate of a vulnerable adult if they are determined to have exploited or financially abused the decedent during his or her lifetime.