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« A California Elder Care Attorney Talks About Elder Abuse | Main | California Nursing Home Resources - Where to get Information on Nursing Home Centers »

Jury Verdict Award for Nursing Home Abuse

Many families may ask in desperation, "What can I do about it?" if a loved one is abused or maltreated in a nursing home. Many of these skilled nursing facilities are corporately-owned and some may not accurately and completely report on medical conditions that deteriorate without proper care and place a person's well-being at great risk. In Sacramento, California, a jury recently awarded over $1 million on behalf of an abused and medically-neglected senior citizen who was a patient. In fact, the jury also found against a local hospital for its poor treatment of the senior even before she was transferred to a long-term care facility. An award for punitive damages for intentional infliction of emotional distress is still pending. The elder abuse attorney representing the patient and her family reported that the lady had received only one shower and one shampoo in over 90 days at the hospital and transitional care center (another name for "skilled nursing facility" or "nursing home").

What can you do if your loved one is not being treated properly at a hospital or nursing home? The IS action you can take to hold the negligent persons responsible. Physicians, treatment staff, hospitals, and nursing homes can be held to account if they are provide poor care, or no care, and cause injury and harm to those who are under their care. If the malpractice or mistreatment is found to be intentional, additional punitive damages can be assessed. Intentional mistreatment can be in the form of elder abuse, infliction of emotional distress, withholding of indicated or proper medical care or treatment, or allowing medical conditions such as bedsores to remain untreated. An elder abuse attorney can provide a family with invaluable guidance and assistance in dealing with these egregious and unfortunate situations. The victim in this case was 85 years old. She surely deserved better care and treatment then she received. The bedsores that were ignored required surgery to correct. If you think that something like this is happening to your family member, an elder care attorney should be contacted immediately.

Comments

Elder abuse is a blight on our society. Everyone talks about child abuse, but elder abuse gets very little attention.

I'm glad that you are out there fighting elder abuse.

Jack Halpern
myelderadvocateblog.com

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« What is Elder Abuse? | Main | Jury Verdict Award for Nursing Home Abuse »

A California Elder Care Attorney Talks About Elder Abuse

Every year more than one million seniors are victims of physical, psychological, financial, or other forms of abuse. Unfortunately, however, this may be significantly higher, as only one in every five cases is reported to authorities. Hardly a day passes without a news article reporting abuse to a senior citizen, sometimes resulting in injury or even death.

There are many misconceptions about elder abuse: that is just happens in nursing homes; or to elderly persons who live alone and don't have visitors; or that perpetrators of abuse are mostly strangers. All of these misconceptions are just that: myths.

Elder abuse happens in our communities, to seniors living in their own homes, and typically at the hands of family members or friends. These cases are often shocking and unbelievable, yet they are on the increase as the Baby Boomer Generation ages out. A California elder abuse attorney can be a valuable resource in helping you sort out this complex and disturbing problem that affects all levels of our societies and cultures.

Most incidents of elder abuse don't happen in a nursing home. Only about 4% of our elders reside in skilled nursing facilities. Reports of abuse or neglect are investigated by the Nursing Home Ombudsman program in California.

Abuse at home is most often at the hands of a family members, friend, or paid caregiver, and can be difficult to discern or very subtle. An experienced California elder abuse lawyer can help you sort out these concerns if a loved one may be an abuse victim.

It isn't just infirm or mentally ill elders who are vulnerable. Seniors who are ill, frail, disabled, or depressed may be at significant risk of abuse or neglect at the hands of others.

Financial abuse has become an epidemic; elders in increasing numbers are losing their assets, incomes, even their homes, to artful and designing con artists, acquaintances, and family members.

A California elder care or elder abuse attorney can help you sort through the often distressing and confusing maze of elder abuse, neglect, and financial exploitation. Here are some guidelines for recognizing possible abuse:

Physical: Bruises or grip marks on arms or neck; welts on wrists or ankles; bruises under arms, behind legs, or other parts of the bodies that cannot be explained by a fall or bump against furniture

Emotional/Psychological: Uncommunicative, unresponsive, suddenly or unreasonable fearful or suspicious; lack of interest in social contacts; chronic physical or emotional complaints; evasive to questions about health or well-being

Sexual abuse: Unexplained vaginal or anal bleeding; torn or bloody underwear; bruised breasts; venereal diseases or vaginal infections

Financial Abuse or Exploitation: Life circumstances don't match the size of the estate; large withdrawals from bank accounts, unusual ATM activity, bounced checks; check signatures don't match the elder's handwriting; co-signers being added to bank accounts; sudden or unusual large or expensive purchases

Neglect: Sunken eyes, loss of weight, extreme thirst, bed sores, brittle skin

Unsure how to proceed? Check with a California elder care attorney. Call the Wallin Law Firm

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Main | A California Elder Care Attorney Talks About Elder Abuse »

What is Elder Abuse?

What is elder abuse?

Physical: Slapping, hitting, bruising, beating, or any other intentional act that causes physical pain, suffering, or injury. This could also included excessive restraint like tying someone to a chair or locking them in a room.

Emotional Abuse: Threatening, intimidating, or humiliating a person and causing this emotional pain, distress, or anguish. This can be verbal or non-verbal and may include insults, yelling, threats of harm or isolation, or constantly demeaning behavior.

Sexual Abuse: Any non-consensual sexual activity against an older adult in which the senior either does not or cannot agree.

Financial exploitation: Misuse or mishandling of an elder's property, possessions, or finances. This includes using those assets without the senior's permission or manipulating the elder for financial benefit or material gain; pressuring, threatening, misrepresenting or other actions taken to gain control of financial assets, ownership of property, access to bank accounts, or possession of other assets of the elder.

Neglect: May be intentional or unintentional failure to provide physical, emotional, or social needs that are crucial to the senior's health and well-being. This is the most common form of elder mistreatment in domestic settings.

Isolation: Preventing access to mail, telephone calls, or visitors. Telling visitors, friends, or family that the elder does not want to see them or consistently cannot see them for any reason, contrary to the express or implied wishes of the elder. This can include physical restraint of a senior to prevent contact from others.

Abandonment: Deserting an elderly person; commonly called "granny-dumping."

Self-neglect: This may require some form of intervention when the elder becomes incapable of meeting his/her own needs for food, clothing, shelter, social, or other needs. This may be due to a physical or emotional illness, substance abuse (such as alcoholism), or self-imposed isolation. This form of elder abuse often requires intervention and assessment by qualified medical and psychological experts as well as an experienced California elder care attorney.

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