California Elder Abuse Lawyer

evictionAccording to a recent report from the Associated Press, elderly residents of nursing homes who are considered to be challenging to care for are often targeted for eviction, and sometimes abuse. Those advocating on behalf of elderly nursing home residents, as well as the disabled elderly, argue that nursing home staff and caregivers are sometimes unwilling to meet the challenges certain elderly residents and patients present, and so steps are undertaken to have these elderly residents evicted from their nursing home facilities.

The goal of these unlawful evictions, advocates argue, are to minimize attention required by staff and to maximize nursing home profits, by switching out need-intensive patients for those who require less direct attention. Some argue that those with involved families, or with families who have complained about prior mistreatment of their elderly loves ones, are also targeted for nursing home evictions.

Another unfortunate detail of this report is, most often the victims of these evictions come from economically disenfranchised backgrounds, and are frequently suffering from dementia. Complaints about these unlawful discharges and evictions are up by 57% since the year 2000. The study reported that, “Complaints and lawsuits across the U.S. point to a spike in evictions even as observers note available records only give a glimpse of the problem.”

Neglect is one of the most common forms of senior abuse in San Diego and around the country. According to the California Department of Public Health’s Nursing Home Residents’ Rights, malnutrition constitutes a form of neglect, and thus—elder abuse.

Nursing homes in San Diego have a legal responsibility to ensure that residents are properly nourished. Nursing home staff must monitor residents during mealtime to ensure that all residents are being properly fed. Likewise, failure to provide appropriately nutritious meals is a serious form of senior neglect.

Warning signs, symptoms, and indications that an elderly loved one in San Diego could be suffering from malnutrition as a result of a neglectful or abusive caregiver or nursing home staff member, include:badfood

scam-onphoneThe National Council on Aging (NCOA) has called financial abuse in elders “the crime of the century,” due to its prevalence in the senior community. In San Diego, as in the rest of the country, seniors are often directly targeted for financial scams—frequently through telemarketing schemes—that prey upon the weaknesses of the elderly.

There are various types of financial and telemarketing schemes that target the elderly, including:

  • Investment Schemes

Each year, more than one in three seniors sustain falls, which result in serious injuries. In some instances, falls are the result of elder or nursing home abuse. But in other instances, falls are purely accidental. An experienced San Diego attorney specializing in elder abuse or nursing home abuse, to include neglect, can help you distinguish if an injury from a fall was an accident or caused by the negligence or wrongdoing of another.

As we age, the likelihood of being diagnosed with a medical condition or disorder requiring prescription medication(s) is almost guaranteed. Because of this, far too many elders run the risk of being over-medicated, or experiencing dangerous side effects which increases the risk that an elder may fall. Many seniors are prescribed medications that have dangerous interactions when taken in conjunction with other medications.

To reduce the risk of experiencing potentially dangerous prescription interactions, it is recommended that seniors use caution when taking prescriptions or even over-the-counter (OTC) medications.

When an elder (defined as anyone over the age of 65) falls down, injuries can range from minor bumps or bruises to serious injuries, including bone fractures or even brain injuries. Studies have also shown that even minor falls which produce minute injuries can cause once active elders to become fearful of another fall. Thereby leading them to reduce or eliminate activities they once enjoyed, which can then lead to depression and isolation. Fortunately, there are simple steps that San Diego elders can take to prevent falls, or at least reduce the chances of a fall.

5 Common Factors that may increase a San Diego elder’s chances of falling include:

  • Prescription Medication

Each year, more than one in three elders in San Diego falls, with serious injuries resulting. In some instances, falls are the result of elder or nursing home abuse. But in other cases, falls are purely accidental. If an elder you love has sustained a fall inside a San Diego nursing home, contact an experienced San Diego elder abuse and neglect attorney to help determine if the fall was caused by the wrongdoing or negligence of another.

Although falls may not be entirely preventable, there is evidence that shows that incorporating balance exercises into an elder’s physical routine may help to reduce their likelihood of sustaining a fall.

Senior woman having ambulatory therapy
How Balance Exercises May Benefit San Diego Seniors

Each year, more than one in three seniors in San Diego sustain falls and serious injuries. In some instances, falls are the result of elder or nursing home abuse and/or neglect. But in other instances, falls are purely accidental.

More and more elders (defined by California statute as those over the age of 65) are choosing to reside in their own home versus living in an assisted living facility or with relatives. Although there are wonderful reasons to live in your own home as long as possible, it’s important to note that elders are at risk of suffering injuries from a fall, which often times could have been prevented.

Typically, falls are responsible for 60% of in-home injuries. However, statistics show that programs to help prevent falls in the home are effective.

A diet made up of healthy foods is necessary to maintain health and well-being. It can also help reduce factors that can contribute to falls.

Some common conditions, which may lead to elders falling in a Southern California nursing home include:

  • Dehydration

According to the National Council on Aging (NCOA) “financial scams targeting seniors have become so prevalent that they’re now considered the crime of the 21st century.” There are all types of financial fraud including, investment schemes, lottery scams, funeral scams, and telemarketing fraud. Telemarketing fraudsters often try to sell low-cost vitamins, health care products, cheap vacations, and “free” prizes. Trying to scam an elderly person over the phone, gives the perpetrator the advantage of anonymity as well as the element of surprise.

Elder-on-phone-300x238-386x386.jpgAlthough anyone can be a victim of telemarketing fraud, the senior citizen community is especially vulnerable. What makes them susceptible and why are they being targeted?

• They may make poor witnesses – an elderly person may not remember the details of the conversation clearly.

• They are reluctant to report – often times crimes go completely unreported, due to embarrassment of the situation or because the victim isn’t aware of any resources to seek help.

• They have a retirement savings and great credit – a retiree usually has very little debt and a sizeable nest egg, making them prime candidates for financial elder abuse.

• They are polite and trusting – a senior may not want to appear rude to the caller, hesitating to hang up or say no, especially if the caller is adamant.

• They have hope – fraudsters feed on an elderly person’s desire to be healthy and stay young, offering anti-aging products or “miracle drugs.”

What can be done to avoid fraud?

• Never, ever send money to “pay the taxes” on a free prize. According to the Federal Bureau of Investigation, “if a caller tells you the payment is for taxes, he or she is violating federal law.”

• Avoid dealing with unfamiliar companies, and if you do, check with organizations like the Better Business Bureau.

• Never give out unsolicited personal information over the phone like social security numbers, credit card numbers, or bank account information.

• Be cautious when considering donations to charity. Many organizations are legitimate, but many are not. A little bit of research now could save a lot of trouble later.

• Be informed! Gather as much information as possible about the company or person you’re considering doing business with.

• Don’t be afraid to say, “No, thank you,” and hang up. It’s okay to tell the caller “No,” even if he/she doesn’t want to take no for an answer.

It’s important to be diligent and discerning when handling telemarketing calls; awareness of fraudulent activity is the best protection against it. Also, reporting potential fraud in a timely manner can minimize the damage and help prevent someone else from becoming a victim.
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elder-abuse-surveillanceRecently, the Centers for Disease Control and Prevention (CDC) and the National Center for Injury Prevention and Control (NCIPC) jointly introduced a publication regarding Elder Abuse. The publication states, “[it] is intended to serve as a starting point for advancing surveillance, research, and practice aimed at preventing” Elder Abuse.

What This Means

The report, titled Elder Abuse Surveillance: Uniform Definitions and Recommended Core Data Elements, does several things for defining Elder Abuse, including: