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Regardless of whether the case is criminal or civil, there must be proof that the caregiver was negligent and that the negligence was what caused the patient to become ill. Whether the caregiver was a family member or an IHSS provider or both will play a role in the case. What training did they receive, if any? If multiple caregivers are involved, was one more responsible than the others? What triggered the call to the police? Could it have been prevented? Should the patient have been seen sooner? Had the patient been seen?

Speak up: What other implications are there? Are you an attorney who has handled a case like this? What was your experience? Share and allow others to learn from your past cases.

Our topic for both the criminal and civil newsletters this month is IHSS and elder or dependent neglect. There have been a handful of recent cases in which an IHSS provider was being charged criminally for neglect, so I thought it pertinent to educate my clients on IHSS providers and the expected level of care they should be providing. The subtopics are:

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