Elder Abuse

August 5, 2019

What is Elder Abuse and Neglect?

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:

July 15, 2019

Who Can Sue When Elder Abuse Has Occurred in Southern California?

By Walton Law, A.P.C.

The Elder Abuse and Dependent Adult Civil Protection Act (Act) was strengthened in 1991, when California legislature added Welfare & Institutions Code §15657 to the Act. This was done to specifically address the needs of California elders and the unique struggles they face, to include elder abuse, neglect, and abandonment.

Because elders may be seen as a disadvantaged class, California elder abuse attorneys who advocate for elders who have been abused, or the families of those who have passed away, are able to charge attorney’s fees and costs to the defendant (abuser). This helps those whose loved elders were mistreated by others who intentionally acted in a reckless, malicious, fraudulent, or oppressive manner to recover damages for the elder, or the family if the elder is deceased.

As such, those who can sue for Elder Abuse in Southern California will include both the family members of the abused elder (if the elder is deceased), or the elders themselves. If the suspected victim has died as the result of abuse or neglect while residing in a California nursing home, the family has the right to file a lawsuit on behalf of their deceased elder, and the court proceedings will ensue as if the elder were still living.

In many cases, where the elder has died, and the family believes the death was caused by misconduct, negligence, or abuse by the hands of another, two cases will evolve. One case will directly address the abuse, and proceed as if the elder were still alive. The second will be a wrongful death case filed on behalf of the survivors. The cases are very different. The injury/abuse case will take into account the injuries sustained by the elder, which will then be granted to the deceased elder’s estate. The wrongful death suit will serve to compensate the family and heirs of the elder who has passed away.

If you are unsure as to whether or not you have a case for an elder abuse lawsuit, contact Chris Walton today for a free consultation. Chris is an award winning elder abuse attorney who is based in San Diego, CA. Walton Law, APC focuses their entire practice on advocacy for elders who have been abused, or those who have suffered grave personal injury. Click here to schedule a consultation.
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May 2, 2019

The Systemic Over-Use of Antibiotics in Nursing Homes

By Walton Law, A.P.C.

The antibiotic is considered one of the greatest achievements in the history of mankind. However, scientist have been studying antibiotic resistance since the 1940’s. In 1947, penicillin became ineffective against its first bacterium. Unfortunately, only as recent as 2017 have nursing homes been forced to develop, implement, and maintain an antibiotic stewardship program.

An Overview of the Problem

In any long-term care facility, the spread of bacteria and viruses is all but inevitable. Mitigation techniques such as hand washing, frequent bathing, linen changes, and contact precautions do help, but at some point, this is not enough. Increasingly, nursing home residents are being prescribed antibiotics even when their indications do not meet the criteria. You may be surprised to know that, according to the CDC, 50%-70% of nursing home residents are prescribed antibiotics in any rolling 12-month period. Additionally,

March 4, 2019

The Long-Term Care Ombudsmen of Riverside County

By Walton Law, A.P.C.

If you have a loved one in a long-term care nursing home, you know how difficult it can be to visit more than once or twice per week. You are the eyes and ears of your elderly family member, but who is looking out for them when you are not around? The Long-Term Ombudsmen of Riverside County do just that.

What Is a Long-Term Care Ombudsman?

In 1978, amendments to the Older Americans Act mandated that each state create an Ombudsman Program. The Older Californians Act further solidified the funding and presence of the program by supporting the development of the Office of the State Long-Term Care Ombudsman (OSLTCO).

November 7, 2018

Financial Abuse of Elders: How to Prevent it

By Walton Law, A.P.C.

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.
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October 20, 2018

Innovation in Elder Justice is on the Horizon

By Walton Law, A.P.C.

According to the World Health Organization (WHO), “Elder abuse is a single or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to an older person.”

In a study conducted by the WHO in 2017, it was estimated that 15.7 percent of people aged 60 or older experienced some sort of abuse, such as physical, verbal, emotional and/or financial, when the WHO reviewed collected data from 52 studies in 28 countries. Of note, in institutions such as nursing homes and long-term care facilities, 2 out of 3 staff members reported committing elder abuse within the past year. The WHO described abuse in institutions to include, but not be limited to, “physically restraining patients, depriving them of dignity (for instance, by leaving them in soiled clothes) and choice over daily affairs; intentionally providing insufficient care (such as allowing them to develop pressure sores); over- and under-medicating and withholding medication from patients; and emotional neglect and abuse.”

The need for innovation and transformative procedures is highly desired in the elder community. In a press release issued last month by Senators Cory Booker and Bob Menendez, they announced that Rutgers’ Institute of Health, Healthcare Policy and Aging Research School is setting out to change those statistics and was permitted over $1.4 million in federal grants from The Elder Justice Innovation Grants which was established by the Administration for Community Living (ACL) in 2016. In their joint press release, Sen. Booker and Sen. Menendez agreed that Americans should not have to worry about falling prey to exploitation and abuse as they age, especially when suffering from an incurable disease such as Alzheimer’s.

September 20, 2018

The “Free Lunch” Scam Used on Seniors for Financial Abuse

By Walton Law, A.P.C.

Thousands of elders become victims of financial abuse each year. Studies have sought to determine why so many elders fall prey to financial scams, and by and large, it is the vulnerability of elders that puts them at greatest risk for being victimized. Whether that abuse is initiated via phone scams, where thieves claim to be from the IRS, or via people who are trying to scam elders via a trust mill, there are a lot of people seeking to take advantage of elders in California.

Senior seminars, which advertise a free lunch, are yet another common scam used for financial predators to target potential victims. The scam works like this:

*There is a “Senior Seminar” advertised/offered which provides a free lunch.

September 6, 2018

Tips for Securing Sensitive Information for your Elderly Loved One

By Walton Law, A.P.C.

There are plenty of opportunists (read: criminals) looking for ways to obtain the sensitive, personal information of seniors. From digging through trash, to stealing from mailboxes, identity theft is alive and well in 2015. Many criminals specifically seek out the information of California seniors, who may be more vulnerable to having their identity stolen.

While there is no foolproof way to guarantee that your private information (date of birth, bank account numbers, social security number, etc.) won’t fall into the hands of someone with bad intentions, there are things you can do to reduce the likelihood that you or an elder you love will fall prey to identity theft.

Shred Everything

July 20, 2018

Females are More Likely to be Abused, Studies Show

By Walton Law, A.P.C.

Nearly 70% of elder abuse victims are women, according to the Bureau of Justice Statistics. It is worth noting that the population of elder women is much larger than the population of elderly men in the United States, however, that does not make these alarming statistics any less disturbing.

Why are women the victims of elder abuse more often than men? There are a few reasons most experts tend to agree upon.

Elderly females may be seen as easier targets for physical, financial, emotional, or even sexual abuse.

July 6, 2018

Proving Elder Abuse in Southern California when a Loved One has Passed Away

By Walton Law, A.P.C.

In California, the family of an elder who has passed away due to nursing home neglect or abuse has the right to file a lawsuit against the perpetrators seeking damages for the pain and suffering the elder was subjected to, and the wrongful death caused by the neglect.

To prove that an elder died in a California nursing home due to neglect, experienced California elder abuse attorneys will help you complete a thorough investigation to determine whether the evidence supports the necessary elements to prove the defendant failures caused the death. The following include some of the criteria that will be analyzed:

1.Supplying the necessaries of nutrition, hydration, hygiene or medical care for an elder or dependent adult;