Articles Posted in Defining Elder Abuse

shutterstock_251528320-300x200Skilled Nursing facilities are places for seniors and others who don’t need hospitalization, but can no longer care for themselves at home. Unfortunately, the place that is supposed to be a safe haven is just the opposite when the residents are subjected to abuse. Compared to other forms, sexual abuse in nursing homes doesn’t occur as often, but it appears to be increasing. According to the Administration for Community Living, there have been over 20,000 complaints of sexual abuse in nursing homes over the past 20 years. This equates to be about three people being sexually abused at a nursing home every day.

Because there’s no national database, it’s difficult to know how extensive this problem really is. Given the stigma associated with sexual abuse and the illnesses such as dementia that many patients suffer, many cases go unreported. The Covid-19 panic has only made things worse due to social distancing that has made it more difficult to detect signs of abuse.

Definition of Sexual Abuse

https://www.californiaelderabuselawyer-blog.com/wp-content/uploads/sites/132/2020/10/20.10.16-300x200.jpgOne big fear many families have regarding nursing homes is the lack of appropriate and personalized care for their loved ones. Over the years, there have been countless cases of the elderly being abused and neglected in long term care facilities and nursing homes. Families need to be aware that neglect and abuse in a nursing home do not always present with obvious physical injuries, but rather as emotional abuse. In the majority of cases, elderly patient abuse in nursing homes is due to the actions or inactions of the nursing home staff.

What type of neglect can occur in nursing homes?

  1. Medical Health Neglect: This occurs when the nursing staff fails to attend to, prevent, or treat an existing or new health problem in the senior. For example, patients with strokes who are bedridden are prone to bedsores. Universally there are established protocols to help prevent these skin problems, which are sometimes not followed. For instance, diabetic patients not only need their medications/insulin on time, the nursing staff has to simultaneously monitor the blood sugars, which if not controlled can lead to worsening of any open wound, urinary tract infection, or sepsis. Any time a senior has a change in his/her health status like the development of confusion, weakness, inability to walk or speak, this must be reported immediately to the primary care provider to determine the cause. Failure to do so can seriously compromise the health of the senior.

Elder abuse typically refers to the knowing, intentional, or negligent act by a custodial care provider, caregiver, or any other person that causes harm to a vulnerable adult. In California, anyone aged 65 and older is protected by the Elder Abuse and Dependent Adult Civil Protection Act. The laws are designed to help prevent neglect and abuse to California seniors. Neglect falls within the definition of elder abuse, and unfortunately may have dire consequences to the victim.

In broadest terms, neglect is a type of elder abuse wherein a caregiver fails to provide the elder with basic needs including water, food, shelter, heat/air-conditioning, personal hygiene products and medical assistance. Failure to adequately move or reposition a bedridden elder, for example constitutes neglect, just as failing to keep elders properly nourished and hydrated constitutes neglect.

Neglect is particularly dangerous for elders, as it can lead to life-threatening consequences. Such consequences of neglect include:

Though much of the conversation around elder abuse is centered on nursing home malpractice, the leading issue many elders are currently facing is self-neglect. Self-neglect is defined by the National Adult Protective Services Association as, “an adult’s inability, due to physical or mental impairment or diminished capacity, to perform essential self-care…”, and is something that happens far too often within the older population worldwide. With many different factors to appreciate, it’s hard to always know exactly what to look for when trying to detect the symptoms of this epidemic.  

Who is most likely to experience self-neglect?

When having the conversation about self-neglect, it’s important to be aware of what some of the most vulnerable groups are. Though there has yet to be a study of adequate sample size and population diversity, researchers are already starting to see early trends of which demographics are more likely to have this problem.

It is nearly impossible to avoid any medication error at a nursing home, meaning every individual establishment is required by state inspectors to keep their error rate below 5 percent. This mandate only includes minor errors, with essentially no acceptance of major medical incompetence. However, even with these regulations in place, nursing homes are not infallible.

What Constitutes a Medication Error?

There are many different forms of medication malpractice ranging from minor mistakes with little to no consequence, all the way to life threatening errors. These are some of the most common errors:

Dehydration is a serious health risk, especially in elderly people.  Individuals over 65, who live alone or with their elderly partner, are at a higher risk of dehydration than other age groups because they may forget to stay hydrated or they are too tired to get a drink.  However, in a nursing home, dehydration should never happen and, in some situations, is an example of elderly abuse.

How Wide Spread Is This Issue?

One elderly person dying from dehydration in a nursing home is unforgivable.  People who live in nursing homes are there because they need help of varying degrees to survive.  One of the necessities of life is water.

One of the most vulnerable and overlooked populations in the United States is people over the age of 65.  Loved ones are usually on the lookout for things such as physical, verbal, and psychological abuse of the elderly.  However, too often, financial abuse is overlooked.  To make matters worse, the perpetrators of financial abuse are frequently the family, friends, and caregivers of the elderly.

What is Financial Abuse?

The Elder Abuse and Elder Financial Exploitation Statutes define elder financial abuse as:

One of the largest generations in American history is beginning to transition into the elderly stage of human life.  In this stage, many people become less independent and, as a result, require assisted living and clinical care.  As aging individuals become dependents, they tend to lose their mobility.  Pressure ulcers are a direct result of the inability of a person to reposition their body unassisted.  In nursing homes and hospitals, elderly people are too often neglected and the price they pay can be severe.

Pressure Ulcers and Their Stages

Pressure ulcers (often referred to as bedsores, decubitus ulcers, and pressure sores) are a form of breakdown of the skin caused by prolonged and unalleviated pressure, incontinence, dirty or untidy bedsheets, and more.  Typically, they form in areas such as the heels, hips, buttocks, tailbone, shoulder blades, and elbows.  They are categorized based on severity:

Financial abuse of elders is an unfortunate reality. In fact, elders are often specifically targeted by criminals looking to commit fraud and identity theft. There are many ways to prevent fraud and identity theft. It is important for elders, or their loved ones, to monitor their credit, and regularly review account statements to try to prevent or stop financial abuse.

All Californians are entitled to one free credit report per year from each of the three major credit reporting bureaus, Experian, Equifax, and TransUnion. To get your free annual credit report visit www.annualcreditreport.com. This federal government approved website will enable you to pull your credit, or the credit of a loved senior, and receive a full report once each year.

While one free credit search is made available each year, elders would be smart to check their credit 2 or 3 times per year. Credit reports typically cost less than $20, and provide invaluable peace of mind by confirming that unauthorized accounts have not been opened, nor have illegitimate items been charged.

In addition to obtaining regular credit reports, it’s a good idea to have duplicate copies of monthly account statements sent not only to the elder, but to their trusted Financial Advisor, attorney, CPA, or a trusted family member. This will provide additional confirmation that all charges appear accurate, nobody has acquired the account number, and it is not being used without the consent of the elder.

Warning signs of fraud on bank statements may include:

*Withdrawals from outside of the elder’s primary area residence;
*Repeated withdrawals, particularly if the elder spends most of their time at home; and
*Checks written to unusual or unfamiliar people, organizations, or stores.

Keeping an eye on credit is important for Californians of all ages. However, it is especially important to monitor credit statements and account balances for elders who may have declining mental capacities, or medical conditions such as dementia that put them at greater risk for becoming a victim of financial elder abuse.

If you suspect, or confirm that your loved elder is the victim of financial abuse in California there are certain steps you should take. You may report any suspicion of abuse to the National Elder Abuse Hotline at 1-800-677-1116. In California, reports can be made to the local county Adult Protective Services Agency or to local law enforcement.
Continue reading

It is no secret that many people have difficulty asking others for help. Elders living in Southern California are no different. Even though physical and mental capabilities may start to diminish with aging, it is still not easy for many seniors to let others know they are struggling.

That is why it is up to all of us to keep an eye on aging family members or friends. Here is a list of warning signs that a senior you love may need help from family members or professionals.

  1. Abnormal or repeated phone calls If your grandmother, mother, father, or other elder family members begin making phone calls to you repeatedly, or at peculiar times of day, it may indicate confusion. It may also be a sign of memory loss, or could indicate that the elder is feeling lonely or depressed. If you notice these types of calls, try scheduling set calls with your loved one every day to see if they stick to those times and calls. If they don’t, it may be indicative of cognitive decline.
Contact Information