Elder Abuse Course at Loyola Law

Thanks to a sponsorship from the Law Firm of Wilkes & McHugh, P.A. of San Pedro, Loyola Law School has launched a fall semester class titled "Elder Abuse." This two-hour class examines the emerging area of elder abuse litigation which concerns the compliance and noncompliance of adult nursing homes and hospitals to federal and state regulations. The class of 20 meets Wednesdays and is taught by alumnus Stephen Garcia, who along with his firm, specializes in nursing home abuse litigation.

According to Associate Dean of Academic Affairs Victor Gold, the class is relatively unique, as few law schools teach such a specialized course. Most teach elder law classes, which encompass a broader range of topics, from wills to estate planning, to senior poverty. "This is an emerging area," Gold said. "Because the population is aging, more people who are victimized are sophisticated enough to go to a lawyer in the event that something like this [abuse] happens." He adds that the Baby Boom Generation, which is the most affluent of all age groups, is entering senior status and that business in this field is likely to grow because of the demographics.

Although the class is new, Wilkes & McHugh is not new to the Loyola community. They also sponsored "Honor Thy Mother & Father: A Symposium on the Legal Aspects of Elder Abuse" last April.

First-time teacher Garcia hopes to cover not only the legislative enactment of elder abuse, but also the philosophy that propels legislation. He plans to divide his class into two parts: the plaintiff counsel and the defense counsel. The two sides will then argue about the divergent positions in various cases. Guest lecturers have included mediator Alexander Polsky and joint commissioner surveyor Teri Meggers, among others.

"There is basic ignorance of the gravity of the situation relating to the care our elders receive in nursing homes. Nursing homes apparently require lessons in the basic concepts of human dignity. The nursing home industry attempts to maximize profits by cutting corners with basic minimum care required under law," Garcia said. "It is a true American tragedy that we treat our elders this way."

Law student David Medby agrees. He jests, "Now that I've taken the class, I don't want to get old or put my parents in a home!"

But has Garcia really changed minds about an already frowned upon practice? Garcia sighs, "It is my belief and hope that if these students do end up defending nursing homes, that they'll defend the homes with an eye toward respect for our elders and toward improving elder care."

Wilkes & McHugh P.A. is based in Tampa, Fl., with offices in Little Rock, Ark.; Dallas, Tex.; and San Pedro, Calif. The Wilkes & McHugh's San Pedro office holds the top two elder abuse verdicts ever reached in the State of California. Outside of the state, the firm claims the largest verdict ever reached against a Florida nursing home, the three largest verdicts ever reached against Arkansas nursing homes, and a significant appellate ruling redefining the manner in which damages are recovered on behalf of nursing home residents.

Founded in 1920, Loyola Law School of Los Angeles produces the largest number of graduates annually in the Western United States, and confers upon them one of three degrees: the juris doctor, the juris doctor/MBA, and the LL.M. in Taxation.

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