Guidelines of Recognizing and Reporting Elder Abuse

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. 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.

elder-abuse-photo-300x297Signs 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

Walton Law, APC is a San Diego boutique law firm dedicated exclusively to representing injured parties in the areas of personal injury, nursing home abuse and neglect, and financial elder abuse. We only represent people – not insurance companies – and take pride in our reputation for obtaining full and fair compensation for our clients while providing personalized client service. If you believe somebody you know has been a victim of elder abuse in San Diego, CA, please call (866) 338-7079 or visit us online for a free and confidential consultation.