California Elder Abuse Lawyer

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:

senior-walletA recent study that appeared in the latest edition of the Public Policy & Aging Report (PP&AR)—a publication of the National Academy on an Aging Society—has concluded that major financial institutions, like banks and insurance companies, can do much more to help prevent senior financial abuse.

In its coverage of the new study, ConsumerAffairs.com reports that both the financial abuse of seniors, as well as cognitive decline in the elderly, cause a negative and serious impact on the economy. Inaction on the part of banks and insurance companies, the study concludes, poses a serious threat to the health of the U.S. financial sector. According to Editor-in-Chief of PP&AR Robert Hudson, the problems of senior financial abuse and age-related impairment are “assuming remarkably large personal, monetary, and social dimensions. Elder abuse involves millions of individuals and billions of dollars. It damages health, harms wellbeing, and arguably costs lives.”

A different set of findings, authored by The MetLife Study of Elder Financial Abuse, estimates the monetary loses that result from senior abuse—as documented in 2010 alone—could amount to a staggering figure of at least $2.9 billion dollars. “Ironically, the age group that has amassed the most wealth over the longest period of accumulation is simultaneously at the greatest risk of financial self-impoverishment and exploitation by others,” Daniel Marson of PP&AR commented.

In June 2015, the Alameda County Courthouse ruled on a case involving Health and Safety Code §1418.8. As of January 2016, a final judgment was ordered calling the outdated health code “unconstitutional.”

The Advocates

The case, brought by statewide, non-profit advocates CANHR (California Advocates for Nursing Home Reform), is a critical first step toward nursing home reform. CANHR, through advocacy, education, and legislation (and litigation when necessary) fights to “create a unified voice for long term care reform and humane alternatives to institutionalization.”

According to the National Center on Elder Abuse, Bureau of Justice Statistics, in 2010 nearly 6 million cases of elder abuse were reported in the United States. That means that nearly 10% of the elderly population reported being physically, financially or emotionally abused. Unfortunately, these statistics probably only represent a fraction of the actual cases of elder abuse, as the NCEA estimates that only 1 of 14 cases of elder abuse is ever reported.

According to the same study, neglect accounts for almost 60% of reported elder abuse cases. Neglect is a form of abuse wherein a caregiver fails to provide an elderly resident with basic needs including food, water, medical assistance, shelter, personal hygiene products and so on. While some forms of neglect such as bed sores may be obvious (and life threatening); other symptoms of neglect may be more difficult to detect.

Here is a partial list of warning signs or symptoms that an elder you love may be suffering from neglect in a nursing home.