California Elder Abuse Lawyer Blog

In recent posts, we've focused on new laws, which require that any mandated reporter report elder abuse within 48 hours. But what if you're not a mandated reporter, but still suspect that elder abuse is occurring? The general rule of thumb is to always err on the side of caution. Unfortunately, if unreported, elder abuse often escalates, and all too often the results are tragic. If you suspect an elder you know is being abused, report it immediately. You may be saving the health, assets, or even the life of an elder who may be too afraid to report the abuse themselves.

There are numerous ways to report suspected elder abuse, and it is probably much easier than you think. Furthermore you will be protected from criminal or civil liability, so do not let the fear of retribution prevent you from ever reporting abuse.

If you suspect an elder is being abused in any capacity, while in a long-term care facility such as a nursing home; report the incident to both the Local Long-Term Care Ombudsman and the California Department of Public Health. You should also consider reporting to Adult Protective Services Agency.

If you suspect an elder is being abused outside of a long-term care facility, such as in a private residence, contact your local Adult Protective Services Agency. The APS provides assistance to adults and elderly who are functionally impaired, and who may be victims of abuse, neglect or exploitation. All APS agencies in California have a 24/7 hotline that may be called to report suspected abuse.

In San Diego County, you may also contact: San Diego County Aging and Independent Services 9335 Hazard Way, Suite 100 San Diego, CA 92123 (858) 495-5660.

Elder abuse in California can be both a criminal and civil offense. Criminal elder abuse describes the willful infliction of physical or emotional suffering on an elder. Civil elder abuse includes any physical or financial abuse, neglect or abandonment resulting in physical or mental harm.

If you suspect that a friend, family member, or loved one has been the victim of elder abuse, contact an experienced California elder abuse lawyer to help evaluate your case and advise you how to proceed. Christopher Walton has years of experience providing caring, compassionate representation to victims of elder abuse and their families. Call (619) 233-0011 for a confidential consultation.

AB 40 went into effect just weeks ago, which requires "mandated reporters" to report abuse or even suspected abuse to local law enforcement officials immediately. But just what is a mandated reporter?

In California - which has rates of elder abuse accounting for nearly 11% of all reported elder abuse cases in the nation - the term mandated reporter is defined as: "Any person who has assumed full or intermittent responsibility for care or custody of an elder or dependent adult, whether or not that person receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, or employee of a county adult protective services agency or local law enforcement agency is a mandated reporter."

That means that in California, mandated reporters can include all support staff in long-term care facilities.

Thankfully, AB 40 demonstrates that our lawmakers recognize that even one act of elder abuse is too many. As such, the state has taken measures to punish mandated reporters who fail to report elder abuse. Although failure to report abuse or suspected abuse is considered a misdemeanor, it is punishable by a fine of up to $1000 and/or 6 months in jail.

The Office of The Attorney General has created a short video which details your legal responsibilities as a mandated reporter (see below). If you prefer, text of the Legal Duty Curriculum from the Office of The Attorney General can also found below.

Elder abuse in California is both a criminal and civil offense. Criminal elder abuse describes the willful infliction of physical or emotional suffering on an elder. Civil elder abuse includes any physical or financial abuse, neglect or abandonment resulting in physical or mental harm.

Continue reading "Are You A Mandated Reporter? You Might Be Surprised." »

It has taken nearly two years, but Assembly Bill 40 has finally gone into effect. Drafted by Assemblywoman Mariko Yamada, D-Davis AB 40 resolves a previous conflict between state and federal laws in which elder abuse in nursing homes was reported to the Office of the Long-Term Care Ombudsman. However, abuse was prevented from being reported to local law enforcement due to federal rules of confidentiality. Despite the fact that the federal rules were in place to protect nursing home residents from retaliation by management, the ensuing results proved to suppress the reporting of elder abuse.

Fortunately, AB 40 went into effect in 2013, serving to close this loophole. AB 40 requires that any "mandated reporter" -including employees, supervisors or administrators of nursing homes and long-term care centers- now notify not only the Ombudsman, but local law enforcement officials as well. Specifically, reports of actual or suspected physical abuse which result in serious bodily harm must be reported to both agencies within 2 hours. Actual or suspected physical abuse resulting in minor injuries must be reported within 24 hours. The law aims to encourage nursing homes and workers to act quickly on complaints.

In a sense, AB 40 will serve to double the reporting duties of those required by state law to share any knowledge of physical abuse, abandonment, neglect, isolation or financial abuse of senior residents in long-term care centers. In fact, failure to report abuse is a misdemeanor under the new law, with a maximum penalty of six months in jail and/or a $1,000 fine.

Continue reading "AB 40 Makes Reporting of Elder Abuse To Law Enforcement Mandatory" »

Elder abuse of any kind is a crime potentially punishable by prison time in California. The recent sentencing of the former Director of Nursing of Kern Valley Healthcare District's nursing home to three years in prison for "convenience drugging" reminds us that elder abuse extends far beyond neglect, financial or obvious physical abuse.

Charged with chemically restraining patients under her care, while serving as Director of Nursing of Kern Valley Healthcare District's nursing home, Gwen D. Hughes will spend the next three years in prison for drugging residents into submission using antipsychotic and anti-seizure medications. Ultimately, three patients of the facility died as a result of being over-drugged.

According to a press release from the California Attorney General's office, "Hughes ordered the administration of psychotropic medications to 23 elderly residents of the skilled nursing facility not for therapeutic reasons, but instead to control and quiet them for the convenience of staff. The drugs were given to patients who were noisy, prone to wandering, who complained about conditions or were argumentative. The drugs hastened three patients' deaths, according to the investigation, and all 23 suffered some form of adverse physical reaction as a result. Many of the patients were under care for Alzheimer's or dementia."

The charges in this case were brought against Hughes and three co-workers in 2009. Hughes was the final defendant to be sentenced and the only defendant sentenced to prison time for her role as the proverbial ringleader. Evidence indicated that Hughes directed the hospital's director of pharmacy to write doctor's orders for the unnecessary psychotropic medications.

According to Attorney General Kamala D. Harris "Elder abuse in skilled nursing facilities is a particularly heinous crime because vulnerable victims and their families have placed their trust in the facilities to provide quality care, preserve their dignity and enjoy a better quality of life. This defendant maliciously and dangerously drugged patients for her own personal convenience. This is clearly outrageous conduct that justifies a state prison sentence."

According to a statement released by the California Advocates for Nursing Home Reform (CANHR), Patricia McGinnis, Executive Director of CANHR stated "three residents died as a result of being over drugged at Kern Valley Healthcare and many more suffered severely. Three years in prison is at least some retribution for their deaths, and hopefully Ms. Hughes' sentence will be a warning to other facilities who think that drugs can substitute for adequate staffing."

Elder abuse in California is both a criminal and civil offense. Criminal elder abuse describes the willful infliction of physical or emotional suffering on an elder. Civil elder abuse includes any physical or financial abuse, neglect or abandonment resulting in physical or mental harm.

Continue reading "Director Of Nursing Sentenced To 3 Years In Prison For Drugging Patients In Nursing Home" »

Under California law, elder abuse is both a criminal and civil offense. Criminal elder abuse describes the willful infliction of physical or emotional suffering on an elder. Civil elder abuse includes any physical or financial abuse, neglect or abandonment resulting in physical or mental harm. Diminished capacity due to the elder's advanced age, physical confinement, and medical condition make it difficult for victims to speak out about their abuse. Even when they do, perpetrators may blame the complaints on the elder's senility, confusion, or dementia. So many victims have no family or friends left to care for them. They rely entirely upon the staff and caregivers at their nursing home or facility. That is why it is important for anyone who witnesses elder abuse to recognize the symptoms and report the abuse.

Signs of physical abuse include unexplained weight loss, malnutrition, and dehydration. While lack of appetite is a common complaint amongst the elderly, caretakers are required by law to provide the food and service necessary to the patient's health and wellbeing. Unfortunately, poor nutrition often leads to easy bruising, another sign of physical abuse. Look for bruises and skin damage in the shape of fingerprints or clustered marks from repeated striking or beating. Also notice any new scratches, cuts, welts, or fractures. Marks indicating pinching, choking, or gagging evidence acute instances of abuse, while increased bedsores show neglect, as when the patient is not turned over enough in bed.

While not as visible, suspicious behavior may also indicate abuse. Watch for undue agitation, anger, or defensiveness. These may be signs of mental suffering. Patients may also become non-responsive, hesitant, and anxious when asked to explain their abuse. They may feel increasingly isolated as they lose contact with family and friends. Always look for signs of fear, withdrawal, depression, and helplessness in determining whether there has been abuse. Remember that any social isolation, absence of assistance, or indifference toward the needs of the elderly may constitute abuse. Even if you are not related to the victim, report any suspicious activity to the proper authorities.

Administrators, supervisors, and licensed staff of elderly care facilities must report actual or suspected abuse. Even if you are not a "mandated reporter," you can still report suspected incidents of elder abuse to each of the following agencies:
• The Licensing and Certification Division of the Department of Public Health (DPH)
• Local Law Enforcement, including the Police, Sheriff, and District Attorney's office
• Office of the State Attorney General, Bureau of Medi-Cal Fraud and Elder Abuse
• Long-Term Care Ombudsman Program
• Adult Protective Services (APS) in your county
To report health-related or financial abuse, contact any of the following:
• Office of the Attorney General, Bureau of Medi-Cal Fraud and Elder Abuse
• Health Insurance Counseling and Advocacy Program (HICAP) or the California Senior Medicare Patrol
• For consumer scams, contact the appropriate county office of the District Attorney.
• For questionable annuity practices, contact the State Insurance Commissioner's Office

Continue reading "California Guidelines for Recognizing and Reporting Elder Abuse" »

The decision to place a loved one in a long-term care facility for the elderly can be a very difficult and emotionally demanding process. Both you and your loved one need to take an active role in the decision to maximize the health, safety and well-being of your loved one. Once you have narrowed down your search and thoroughly researched and toured the facility, you should consider the following set of guidelines put together by California Advocates for Nursing Home Reform to ensure your loved one receives the best possible care and treatment.

1. Support your loved one's transition to the care facility. Open communication is extremely important while your loved one transitions to their new home. There may be feelings of loss or abandonment by the person being placed in the facility, as well as mirrored feelings of guilt or neglect by the person assuming responsibility for the placement. Therefore, it is important to openly discuss these feelings. Make sure your loved one receives a comprehensive assessment upon admission and be attentive to any changes in needs, behaviors, attitudes, and affections during the transition.

2. Make your visits count. Vary your visiting schedule by going on different days and at different times. This will ensure you are able to meet various members of the staff, and observe how your loved one interacts with other residents and staff members at different times of the day. Also, make a plan before each visit. Try to discover new things, meet new residents and staff members, explore new areas of the facility, plan special events outside of the facility, and bring with you important talking points and your loved one's special interests.

3. Get to know the staff and build relationships. Make it a point to learn each staff member's first name and understand their position and what they do for your loved one on a daily basis. This will ensure that staff understands your level of caring and involvement and most likely will appreciate your insight or special concerns regarding your loved one's needs. Most importantly, get to know the Director of Nursing (DON) and Charge Nurses. These individuals play a key role in your loved one's everyday care. Also, familiarize yourself with the facility's policies and procedures regarding the care of your loved one, and request meetings with the Administrator immediately if you suspect any problems.

4. Be an active participant in all care plan meetings. Being present at the initial comprehensive assessment is vital, but being involved in all care-planning is essential to the quality of care your loved one receives. These care plan meetings provide you an opportunity to evaluate whether the plan is effectively meeting your loved one's needs or whether changes are necessary. This also allows you the opportunity to personalize the treatment, as well as voice your concerns about your loved one's experience. Always insist on concrete, measureable plans that include timetables, and follow up your meetings with written confirmation describing the issues discussed.

5. Monitor care. The facility has a duty to follow the care plan in good faith, so hold them accountable by diligently monitoring the treatment of your loved one. Check the facility's records and compare and contrast them by discussing the treatment with your loved one. Physically inspect your loved one in an inconspicuous way to ensure that physical abuse is not going unreported. Also, keep your own notes and engage your loved one's physician if you suspect any health issues.

6. Act as an advocate for loved ones. Both you and your loved one have specific rights that you should be aware of. The most important right you have is the right to express concerns, suggestions or to make complaints and to do so without retaliation. Make sure to follow up on all concerns made, and do so in a calm yet assertive manner. Maintain your face-to-face meetings and contact the facility's Ombudsman Program to assist you in exercising your rights. Always file complaints with the appropriate licensing agency (e.g., California Department of Public Health).

7. Prevent abuse. Learning signs of elder abuse is crucial to the health and well-being of your loved one. Look out for unexplained bruises, scratches or marks on their face, inner arms or legs, or on the breast and genital area. Look for signs of over-medication like drowsiness, dry and cracked lips, drooling or blank/vacant stares. Look for poor hygiene, the smell of urine, and unattended residents in the facility. Indicators of neglect include significant weight loss, dehydration, or malnutrition, frequent falling and signs of skin breakdown and bedsores. Be aware of your loved one's personal belongings and financial affairs and ensure there are no fraudulent billing practices.

8. Become active in quality care issues. You and your family members can join Family Councils. Also, encourage your loved one to join the Resident Council to become actively involved in not only their personal care, but the care of their peers. Supporting legislation that enhances residential rights and improves quality is also a great way to get involved.

Continue reading "Guidelines to Prevent Abuse in Long-Term Care Facilities" »

It is estimated that nearly one in five Americans over age 65 become victims of financial elder abuse every year, costing them approximately $3 billion. Research also suggests that instances of financial elder abuse are severely underreported, with only about one in 25 cases actually making it to the authorities or news reporters. Several factors play a role in this underreporting, but often elders are too embarrassed to disclose when they have been victimized, while others lack the cognitive ability to recognize that the abuse is even taking place. Therefore, it is important for you to be able to recognize and prevent financial elder abuse of your loved ones.

A recently published article suggests 8 simple ways to prevent your loved one from being a victim of financial elder abuse.

1. Educate your loved ones. Talk to the seniors in your life regularly about potential problems and do not wait for them to reach out to you with concerns. Maintain a strong, trusting relationship and make sure to ease any potential embarrassment.

2. Go with an outsider. With nearly 80 percent of elder fraud cases attributed to close family members, it can be wise to choose a detached third-party to help manage your senior's financial holdings. A power-of-attorney (POA) gives a person legal authority to act on another person's behalf and is often a smart choice for handling a senior's finances. If your loved one chooses to assign a POA, make sure you are involved in the process and maintain strict limits on the types of transactions that may be accomplished. Assigning joint-POA's is also a good idea.

3. Register on the do-not-call list. Research suggests that women over 60 who live alone are extremely vulnerable targets for telemarketing scams. Although you cannot stop all calls, listing a phone number on the National Do Not Call Registry is a small protective step you and your loved one can take. Registration is free and easy. Also remember to remind your loved ones not to give out personal information over the phone.

4. Monitor investments. Visit the North American Securities Regulators Association before your loved one makes any investments or contacts a broker. A regulator from this website can verify that a chosen broker is properly licensed and can provide you with his or her important background information.

5. Don't fall for free lunches. Financial workshops offering "free lunches" to seniors are an ever-increasing way of luring seniors into a scam. It has been found that more than 10 percent of these events include fraudulent practices.

6. Monitor the mail. Assist your loved one in sifting through the mail and be on the lookout for bank or credit card statements bearing another's name or contact information. Be wary of unusual magazine subscriptions and always shred new credit card offers and bank statements.

7. Check credit reports. Ensure your senior is not a victim of identity theft or fraud by continuously monitoring their credit report. Free reports are available from the three major credit bureaus every 12 months.

8. Beware of isolation. Be a constant, loving presence in your loved one's life to prevent them from feeling lost, abandoned, or isolated. Those prone to take advantage of elders do so when the senior is most vulnerable. Involve your family and make sure that all maintain an active role in protecting your loved ones from financial elder abuse.

If you suspect a senior is being financially abused, report the situation to the proper authorities who can then make a decision about whether or not to investigate. In California, reports can be made to the local county Adult Protective Services Agency or to local law enforcement. Also, suspected elder abuse of any kind may reported to the National Center on Elder Abuse.

Continue reading "Tips to Recognizing and Preventing Financial Elder Abuse" »

The California Department of Public Health has fined three Los Angeles County nursing homes a total of $235,000 over the alleged poor quality of care the facilities provided to residents. The Downey Care Center, Fountain View Subacute and Nursing Center, and the Motion Picture and Television Hospital were issued Class "AA" citations, the most serious violations under California law, over patient deaths which occurred at each facility in 2010. According to Dr. Ron Chapman, Director of the California Department of Public Health, the fines were levied after an investigation revealed each patient death resulted from inadequate nursing home care.

The Downey Care Center must pay $80,000 for failing to properly monitor a resident's blood sugar levels after she returned from the hospital. Because the center purportedly failed to provide appropriate care, the resident fell into a diabetic coma and died.

The Fountain View Subacute and Nursing Center located in the City of Los Angeles received a $75,000 fine for allegedly failing to properly supervise a patient with a record of falling. The nursing home resident died from a brain injury he incurred when he fell out of bed. Additionally, staff at the nursing home could not say how long the man laid helpless on the floor before his injury was discovered.

The Department of Public Health fined the Motion Picture and Television Hospital in Woodland Hills $80,000. The fine stems from an incident during which an Alzheimer's patient reportedly fell down a flight of stairs while strapped into her wheelchair. The nursing home resident died from her injuries one week after her fall. Unfortunately, the resident also fell down the same flight of stairs in the past.

In California, there are approximately 1,300 licensed resident care facilities. When a licensed nursing home fails to comply with applicable state and federal laws designed to ensure residents are properly cared for, the State of California has the ability to impose monetary penalties. The amount of a fine depends on the severity of the resident care facility's violation. A nursing home may be fined anywhere between $100 and $100,000 depending on the violation.

Nursing home abuse occurs when the elderly or infirm are injured or die as a result of mistreatment or negligence in a facility tasked with their care. Although most elder abuse cases result from negligence, they may also be the result of physical abuse, sexual abuse, a failure to provide adequate medical care, withholding food, incorrectly or over-medicating, and emotional distress. Unfortunately, nursing home abuse is frequently the result of improperly trained or unqualified staff.

Signs of elder abuse can be tough to detect. A nursing home resident may experience a loss of appetite, unexplained weight loss, dehydration or depression. Residents may also exhibit bruises, broken bones, scratches, bed sores, unexplained accidents, and complain of missing personal items. In order to safeguard the rights of the elderly, it is important to take all complaints of nursing home abuse and neglect seriously. If you suspect a nursing home resident is being neglected or abused, contact a qualified California elder abuse attorney to discuss your concerns.

Continue reading "Three Los Angeles County Nursing Homes Fined over Preventable Resident Deaths" »

Criminal elder abuse describes the willful infliction of physical pain or mental suffering on an elder. In the absence of intent, criminal abuse also includes the reckless endangerment of an elder's life by placing the elder in a situation the person has reason to believe would be dangerous. The California Penal Code sets forth rules governing criminal elder abuse. Civil elder abuse is governed by the California Welfare and Institutions Code, which defines elder abuse as the physical or financial abuse of an elder, whether through neglect, abandonment, isolation, abduction, or other treatment causing physical or mental harm to the elder. Care custodians may inflict physical harm or mental suffering on elders by depriving them of goods or services necessary to daily functioning.

Elder abuse is an intolerable fact of life for many people 65 years or older who are too afraid, too frail, or discouraged to speak out for themselves. As many as five million elders in the United States are abused, neglected, or exploited each year and 90 percent of these cases are perpetrated by family members or trusted advisors. As 76 million baby boomers approach old age and retirement, the population of adults aged 65 years or older will increase dramatically, forcing elder abuse to the forefront of important legal issues confronting senior citizens, their caretakers, and families.

The California Code of Regulations, Code of Federal Regulations, and Health and Safety Code guarantee elders specific rights to living accommodations, medical care, and quality of life in both nursing homes and residential care facilities. One example is the elder's right to voice complaints or grievances without fear of retaliation. Elders must also receive care in a manner which "promotes and enhances" their quality of life, including being given food of the "quantity and quality" meeting their needs and preferences.

Indeed, elders and those who love them should be vigilant in identifying signs of physical, financial, emotional abuse, and neglect. Some signs of elder abuse include unexplained injuries, failure to assist in personal hygiene, unreasonable isolation, and withdrawn or confused behavior. Those who suspect elder abuse should document their findings and report them by filing a complaint with any of the following entities: local law enforcement, the Office of the State Attorney General, the California Department of Public Health, the Department of Public Services, the local Long-Term Care Ombudsman, or the Bureau of Medical Fraud and Elder Abuse.

Elder abuse is both a criminal and civil offense. In addition to criminal fines and imprisonment, those convicted of elder abuse are liable for compensatory and punitive damages as well as court costs and attorney's fees. Nursing homes and care facilities are likewise subject to loss of license, censure, and fines for committing elder abuse.

Continue reading "Under California Penal Code and Welfare and Institutions Code, Elder Abuse Gives Rise to Criminal and Civil Actions" »