Can claim be filed against Dept of Social Services if Licensing agent turns blind eye to elder abuse for financial gain?

Asked 11 months ago - San Diego, CA

Elder abuse occurred at residential care facility, complaint was filed with Community Care Licensing a Division of Dept of Social Services. Licensing agent investigating allegations is same agent that licensed the facility. Agents report indicated allegations unfounded. within next 2yrs, other complaints filed against same facility, all mimicking same allegations. Same Licensing agent investigated all complaints. All allegations on every complaint reported by agent as unfounded. 4 1/2 yrs later Channel 8 News investigation revealed Licensing agent was taking bribes from administrator of Care Facility to dismiss any complaints against it., Due to conduct of agent elder abuse continues, investigation was impeded & wrongdoing discovered beyond statue of limitations.

Attorney answers (7)

  1. Ajay Mohan Kwatra

    Pro

    Contributor Level 15

    8

    Lawyers agree

    Answered . You should contact an attorney right away. Although misrepresentations may toll a Statute of Limiatations on a personal injury case, a State Investigator is not an eyewitness, and their report is irrelevant to you discovering the "injury." You discovered it first, and that is why they invesgitated is what I assume. Therefore, when the injury happend the statute started to run, unless they told you point blank, "Don't worry the Statute is not running!" Last, even if you have a good argument for the SOL, it may still be in contention in trial, and all of the costs and fees associated with the trial could still be lost.

  2. Richard Marc Katz

    Pro

    Contributor Level 17

    6

    Lawyers agree

    Answered . You need to contact a lawyer immediately. Statute of Limitations and Claims Statutes for governmental entities and employess are generally different then third party cases. Don't sleep on your rights or spending time posting. You need good legal representation now.

    Do not delay

    The information provided is for general informational purposes only and is not intended to be legal advice. I am... more
  3. David Ian Schoen

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . It is possible that CA has a statute which extends the limitations period when a fraud is involved. Consult with a local personal injury/elder law attorney to determine if there is still a viable claim.

  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . Better act fast so you don't have a statute of limitations issue

  5. Kelly Scott Davis

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . I don't see from your fact statement where you personally have a cause of action, regardless of the statute of limitations. That doesn't mean that nothing is being done. There may well be a criminal investigation going on.

    Responses provided on Avvo are for general informational purposes only, based upon the limited information that is... more
  6. Ian A. Scharg

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . Contact an attorney ASAP.

    This is not legal advice and does not create an attorney-client relationship. This is only legal information.... more
  7. Robert Dourian

    Contributor Level 8

    1

    Lawyer agrees

    Answered . You're dealing with a Gov't Tort claim here, which typically has a 6 months claims statute for Personal Injury claims. There are a myriad of public entity immunities you will need to recon with as well, including a Misrepresentation Immunity found at Govt. Code section 818.8. Definitely don't do this on your own, get a lawyer to evaluate the claim.

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