Personal injury distinctions

J. Niley Dorit, a California attorney whose practice consists of elder and dependent neglect, elder and dependent abuse, medical malpractice, general personal injury cases and member of the Advocate Law Group, explained some of the distinctions between personal injury cases and those involving elder and dependent abuse, "Personal injury cases generally involve strangers. Examples would be automobile accidents or situations where somebody has created a dangerous property condition. These are injuries that are usually caused by strangers who have been negligent in their conduct."

Medical malpractice distinctions

Dorit provided the following information on medical malpractice distinctions. "[Elder and dependent abuse] is distinct from medical malpractice because medical malpractice cases involve claims of negligence against a licensed health care professional. In many elder or dependent care cases, the negligence involves somebody who is not a licensed health care professional. So, these would not generally be considered medical malpractice cases."

Crossover category

There is a crossover category involving skilled nursing facilities where you have a licensed health care professional, such as a nurse or a licensed hospital employee. Dorit explained, "When there is a pattern of neglect relating to the custodial aspects of the care, that would be considered elder and dependent abuse. However, if there is no pattern of neglect or if the injury doesn't arise from custodial duties, it would most likely be considered a medical malpractice case – which is much more limited than an elder abuse case."

If you or a loved one has been the victim of elder or dependent care abuse or neglect, contact an attorney whose practice focuses in this area of law. For a free, no-obligation consultation with a qualified attorney, please click here.