Family Members of Man Who Died At Adult Residential Facility Believe His Death Was Due to Abuse and Assault

VISALIA, CALIFORNIA (July 4, 2024) – A 56-year-old man with disabilities has tragically died at the Adult Residential Facility in Visalia as police continue to investigate what happened.

The California Department of Social Services has also stated that it is investigating what took place. Very few details about the incident have been released at this time.

But it is known that the victim died due to “complications related to blunt force trauma.” His sister has told reporters that she believes he was kicked to death and died due to criminal negligence.

Since the incident, inspectors have made several visits to the Adult Residential Facility in Visalia. The victim of this assault had physical and cognitive disabilities.

Liability For Adult Care Facility Deaths

Abuse and neglect at long-term care facilities are sadly far too common. According to the National Research Council, “Research suggests that the 2.5 million vulnerable individuals in these settings are at much higher risk for abuse and neglect than older persons who live at home, as discussed below. Moreover, these figures may underestimate the number of persons who are actually at risk for abuse or neglect in a nursing home.” There are a number of factors that may contribute to violence in adult care facility settings.

  • Overcrowding: Facilities with high resident-to-staff ratios can create a stressful environment where violence is more likely.
  • Inadequate Security: Adult care facilities may lack security measures such as surveillance cameras and secure entry points.
  • Management Practices: A lack of supervision and inadequate support staff can contribute to a stressful environment and lead to violence.

The staff of long-term care facilities can be criminally liable for allowing any situation where a care patient is likely to be injured or killed. Pursuant to California Penal Code 368, it is a crime for any caretaker at a long-term care facility to allow conditions that either willfully cause or permit the abuse of any elder or dependent adult. Violations of this statute can result in imprisonment as well as a fine.

In addition to criminal sanctions, a long-term care facility could face civil liability for any instance where a resident is injured or killed. Long-term care facilities have a legal obligation to protect patients from reasonably foreseeable sources of harm. This includes protection against the criminal acts of third parties. To that end, the staff of care facilities must adequately supervise all residents and report all reasonably suspected instances of abuse. It is important that certain steps be taken after any death at a long-term care facility.

  • A police report of the incident should be created.
  • Eyewitnesses should be interviewed.
  • Medical records related to the incident should be preserved.
  • An independent autopsy may need to be performed.
  • Surveillance footage should be sought.
  • An experienced personal injury attorney should be contacted.

Long-term care facilities can be difficult places to work and live. Staff will often have to care for patients with serious cognitive, behavioral, and physical disabilities. These places have high turnover rates, which leads to circumstances where many staff members are not particularly well trained. It is important for people who have families at these locations to understand that they do have rights. The family of any person who died in an adult care facility may have legal recourse through a wrongful death claim.

 

Investigating Deaths At Adult Care Facilities

We at the Sehat Law Firm extend our deepest condolences to the family of the man who died at the Adult Residential Facility in Visalia. Any person who may have more information about what happened should reach out to the police. There needs to be some accountability for the sake of the victim’s family.

Have you or someone that you care about been harmed at an adult care facility? You may have legal recourse. Our team of personal injury attorneys is here to help in any way that we can. We are committed to helping families affected by abuse or neglect at these facilities understand their rights. Whether you just have legal questions or need any type of support, we are here for you. You can reach out to us anytime at (949) 825-5200.

 

 

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