Articles Posted in Reporting Elder Abuse

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

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 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-300x238-386x386Although 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.

Elderly woman in pain
Psychological abuse, also referred to as emotional abuse, can be difficult to notice at first glance. The damage often reveals itself in the form of changed behavior, as opposed to physical bruises and marks. It’s important to know that abuse can happen anywhere the elderly person resides, even in a nursing home or other long-term care facility, and can be sustained by any type of caregiver (paid, unpaid; professional, amateur). The National Center on Elder Abuse (NCEA), directed by the U.S. Administration on Aging, states, “most cases of elder abuse are perpetrated by known and trusted others, particularly family members (including children, spouses, and others).”

Examples of psychological abuse by caregivers, friends, or even family:

• Screaming or yelling;

Orlando-Nursing-Home-Abuse-Attorney.jpgAccording to a recent study conducted by Cornell University, 1 in 5 nursing home residents suffer abuse at the hands of their fellow residents. The study is the first of its kind in collecting data on resident-to-resident abuse. The behaviors observed in the study include physical and sexual violence, verbal aggression and hostility, invasions of privacy, and other negative and inappropriate interactions.

Using data gathered from more than 2000 nursing home residents across ten different facilities, researchers determined that those that perpetrated these abusive behaviors were often cognitively impaired, but more mobile than their fellow residents. Over a four-week period, Cornell researchers observed and interviewed elder residents, and distilled statistical data from reports and questionnaires completed by staff:

• 16% of nursing home residents have been victims of verbal abuse from other residents, including instances of swearing and yelling.
• 10.5% of elderly nursing home patients report invasive behavior from other residents, such as un-permitted room entry and rifling through the personal possessions of others.
• 6% have suffered from physical abuse, like hitting, kicking, and/or biting.
• 1.3% reported sexual abuse, including indecent exposure, inappropriate contact, and efforts to exact sexual favors.

Presenting at the Gerontological Society of America’s Annual Scientific Meeting in 2014, Dr. Karl Pillemer noted that resident-on-resident abuse is “widespread and common in everyday nursing home life,” and that elderly residents suffering from conditions like dementia may act out with “verbally or physically aggressive behavior,” resulting in “arguments, shouting matches, and pushing and shoving, particularly in such close, crowded quarters.”

A particularly troubling aspect of this study is the lack of action on the part of nursing home staff. Across the country, including in San Diego and the surrounding Southern California area, elders suffer frequent abuse of all kinds from their fellow nursing home residents, and staff reports only a fraction of these altercations. Police are sometimes called to handle instances of theft or assault between residents, but many elderly nursing home residents lack a personal advocate to ensure that justice is delivered and their best interests are served.

If you suspect that your loved one in the San Diego or Southern California area is suffering from elder abuse, either from fellow residents in his/her nursing home or from nursing home staff, take action. Get in contact with a trusted professional who can assess your case and ensure that no abuse is ever repeated. Have your concerns addressed and resolved by a knowledgeable and experienced San Diego nursing home abuse attorney.
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takemedicine.jpgSociety erroneously assumes prescription medication is only abused by the younger generations. Studies show, however, prescription drug abuse plagues men and women of all ages, including the elderly.

According to an article in the National Institute on Drug Abuse, “Persons aged 65 years and older comprise only 13 percent of the population, yet account for more than one-third of total outpatient spending on prescription medications in the United States.” The article goes on to suggest that there are several ways in which an elderly person can abuse prescribed medication, such as:

• Abusing medication prescribed to a friend or family member in order to save money.
• Alternatively, the elder person has his/her medication taken by a friend or family member and running out of his/her supply early.
• Taking the incorrect dosage or type of medication to do mental decline.

Awareness is everyone’s responsibility, so be vigilant. There are cues that family, friends, and caregivers can recognize in order to intervene and get help as early as possible.

What should we be looking for?

• A loved one is showing signs of an unhealthy relationship with their medication, such as:

– Frequently talking about medicine

– A fear of running out or not having enough medication

– Taking a defensive stance after you ask about the medication

– Taking more than the prescribed amount or taking more often than prescribed

– Hiding or hoarding pills

• A loved one’s behavior and mood is changing, even if it seems associated with “old age” or illness. This could be a sign of chemical dependency.

• A past history of drug/alcohol abuse can make a person more susceptible.

If you suspect a loved one is abusing prescription medication, take action and talk to someone about it. A good first step is to contact the doctor prescribing the medication. He or she can help verify and/or validate your concerns, allowing you to take further action, if necessary.
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