California Injury Lawyer Blog

Two caregivers, a 30-year-old man and a 22-year-old woman, were arrested in connection of the death of an elderly man at Summit Medical Center in Oakland early Wednesday, March 31, police reported. The 79-year-old man, who lived in West Oakland, was brought the hospital Tuesday evening where doctors determined he suffered from some form of abuse.

He died around 3 a.m. Wednesday. The two caregivers, who were not identified, were arrested on suspicion of elder abuse, but may face more serious charges pending the investigation.

According to reports in the San Francisco Chronicle, police were trying to determine if the two people caring for the man were licensed caregivers. Another elderly person had previously cared for the elderly man, but when that person fell ill and was no longer able to care for him, the younger man and woman took over as his caregiver. Their relationship to him was not immediately known

Elder Abuse and Wrongful Death

The family of the poor man who died would be well advised to consult with a California elder abuse attorney as soon as possible. Caregivers who neglect and abuse senior citizens, whether at nursing homes or in private homes, must be held accountable. In addition to criminal charges against the caregivers, the family may also hold them accountable in a civil claim for elder abuse and wrongful death. If the two people arrested were employed by an agency, that agency may also be held accountable.

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A man who wandered away from his Alzheimer's care facility was struck and killed Wednesday night in Castro Valley, the California Highway Patrol reported. Carl McElroy, 89, wandered away from the Oak Creek Alzheimer's & Dementia Care facility and was walking down the middle of East Castro Valley Boulevard near Paloverde Road when he was struck by a BMW around 8:15 p.m.

McElroy died at the scene of the accident. According to reports in the Mercury News, the driver of the BMW stopped and he and a passenger are cooperating with authorities. The driver was not believed to be under the influence of drugs or alcohol.

Our deepest sympathy goes out to the family of Carl McElroy. What a heartbreaking story. Please keep his loved ones in your prayers.

Investigators are looking into not just how the accident occurred, but how Mr. McElroy managed to get away from his care facility. The newspaper reports of this incident do not indicate how long McElroy was missing, or if staff at the nursing home even noticed he was missing before he was killed. Regardless, it seems that negligence on the part of the care facility played a role in this man's death.

Nursing home negligence is an epidemic, and tragic events resulting in death and serious injury to elderly people are on the rise. When elderly men and woman are neglected and left alone instead of being properly supervised and treated with care and respect, nursing homes should be held accountable. Just two days ago, we wrote on this same blog of an incident only about 30 miles away from Castro Valley - a 63-year-old woman who wandered away from her skilled nursing facility in Concord was found dead three days after she went missing. The family of Carl McElroy would be well-advised to speak to a California nursing home abuse lawyer who will help protect their rights and ensure justice is served for the loss of their family member.

The nursing home neglect lawyers at Estey & Bomberger, LLP have more than 70 years of collective experience representing victims of nursing home abuse and nursing home neglect. If you believe someone you love is a victim of neglect or abuse, contact Estey & Bomberger at (800)724-3817 for a free consultation.

A 63-year-old woman reported missing from a skilled nursing facility in Concord on Saturday was found dead Tuesday morning. Rosemary Nelson, who family members say had gone missing from other board and care facilities in the past, was found dead in a culvert off of Will Pass Road, east of Lynwood Drive. Investigators had searched the area near the nursing home over the weekend with police dogs, but did not find Nelson.

According to reports by KTVU News, Nelson was last seen at about 5 p.m. Saturday at the convelescent home in the 100 block of San Miguel Road in Concord. She was reported missing shortly after 7:30 p.m. Saturday night, and found dead at around 8 a.m. Tuesday. The Contra Costa Coroner's Office found her primary cause of death to be exposure.

Negligence and lack of supervision at nursing homes occurs at alarming, epidemic rates, and family members are understandably outraged. Our thoughts and prayers go out to the family of Rosemary Nelson as they cope with this preventable tragedy.

Last February, an 89-year-old woman froze to death in the courtyard outside her nursing home in Itasca, Illinois. Nursing home employees returned the woman to her bed and attempted to make her death appear natural. The woman's three daughters have since filed a wrongful death suit against the nursing home. In December 2008, a 95-year-old Missouri woman was found dead outside her nursing home in a wheelchair in Florissant, Missouri.

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