Articles Posted in Elder Abuse

In battling elder abuse, one of the most important weapons we have is awareness. Our San Francisco elder abuse law firm represents elder abuse victims and also works to prevent future abuse by using this blog to spread awareness about the many forms of elder abuse. Among the lessons we hope to share is the fact that not all bruises are physical. Emotional abuse may not leave a visible scar, but it is still a very real form of abuse. We take emotional elder abuse very seriously, representing its victims and discussing its breadth to help community members recognize when it occurs.

Emotional Elder Abuse Explained

Emotional abuse can occur in any setting, including individual homes as well as our nation’s senior care facilities. Seniors, like everyone else, have a right to be treated with dignity and respect. Denying someone that basic right, treating someone as less than human, is the hallmark of emotional abuse. Focusing on abuse in a care center environment, some of the many forms of emotional abuse include: Isolation (ex. preventing a resident from speaking/meeting with family); Manipulation (ex. telling the resident that meals will be delayed if he asks for assistance during the staff member’s shift); Degradation (ex. making fun of a patient’s inability to control her bladder); and Threats (ex. telling a resident she won’t get help if she has another bathroom accident). Often emotional abuse builds on itself, such as threatening a patient if she reports family visits being withheld.

As we’ve often explained in these pages, the criminal and civil systems are separate and distinct. Our law firm focuses on the civil system, where individuals are able to bring claims against others for legal wrongs. In contrast, the criminal system focuses on claims brought by government representatives for violating statutory laws. One of our practice areas is elder law, a specialty area involving representing victims of elder abuse in Northern California courts in suits against their abusers, typically seeking monetary damages as compensation for the wrongs. In today’s blog discussion, we wanted to provide a brief glimpse at the other side of the elder law system, criminal elder abuse claims. In some cases, our clients are interested in the criminal side because the government is pursuing its own criminal elder abuse claim at the same time as we represent them in a civil matter (although this is not a requirement and a civil claim may exist even absent a criminal prosecution). In other cases, the criminal system is useful as a reference for understanding legal standards, even though they are not directly applicable in civil court.

California’s Criminal Elder Abuse Law

Criminal elder abuse cases in California are prosecuted as violations of Penal Code 368. The statute provides that it is a felony when someone: 1) Knows or should know that the person is elderly or dependent, 2) Under circumstances likely to lead to death or grave bodily harm; 3) Willfully causes or allows another to cause the person to suffer injury, unjustifiable physical pain or mental suffering. Misdemeanor level elder abuse is similar except for prong (2), with the lesser offense triggered by circumstances likely to endanger the victim’s life or health but that do not threaten death or great bodily harm. Other portions of the statute focus more directly on financial abuse, creating a special crime when financial abuse threatens an elderly or dependent individual. Either willful or “criminally negligent” behavior can trigger a violation, with the latter involving a substantial deviation from ordinary care. For these crimes, “elderly” means someone aged 65 or older. A “dependent adult” is defined as someone between the ages of 18 and 64 whose physical or mental limitations restrict the ability to perform normal functions and protect his or her own rights.

As your San Francisco nursing home abuse law firm, we understand that aging individuals and their families often face many tough decisions. It is difficult to come to the conclusion that your loved one can no longer live alone, especially when the loved one has long been the caretaker and suddenly finds him or herself in need of care. When facing this reality, it is important to be aware of the different levels of residential senior care available. In general, there are three primary categories of senior living options available:

Independent livingfacilities can be a great option when a senior simply needs a little bit of added security. In these locations, the residents take care of the majority of their own daily needs. Offerings vary, but these facilities can provide a living community and may include assistance with cleaning, cooking, or home maintenance.

Assisted living is an intermediate level of care that falls between that offered in independent living and nursing home facilities. Residents generally live in their own housing unit, but they receive more assistance with daily living tasks such as bathing and meal preparation. Assisted living facilities may also monitor ongoing health issues, oversee medications, and provide transportation to and from medical appointments. Some assisted living communities monitor residents with memory issues and those in earlier stages of Alzheimer’s.

We frequently use this space to discuss issues related to nursing home mistreatment and other forms of elder abuse. Our Northern California elder abuse law firm believes that talking about these issues will help to bring the problem out of the shadows. Increasing awareness can help prevent future cases and can protect the victims, in part by encouraging people to report suspected cases of elder abuse. The latter goal includes helping victims themselves to speak up; a goal expressed in the title of a San Bernardino campaign “It’s Not Your Fault,” a moniker that recognizes that shame and embarrassment keep victims from speaking up.

American Psychological Association on Factors Leading to Elder Abuse in the Home

In a report titled “Elder Abuse and Neglect: In Search of Solutions,” the American Psychological Association (“APA”) notes that most elder abuse cases occur in the home and at the hands of other household members or paid caregivers. While extreme cases sometimes make the headlines, most cases of elder abuse are more subtle and the distinction between strained relationships and abuse can be harder discern. Focusing on such cases, the APA asks an important question: Why does elder abuse occur? Of course, the answer is complex and case-specific, but the group focuses on three primary factors:

As the awareness of elder abuse grows, it is very fortunate that the amount of cases being reported have grown as well. Elder abuse comes in many forms and is perpetrated by many different types of individuals. It can include emotional, physical or financial abuse by friends, family members, or strangers alike.

Elder Abuse Legal Prosecution

In the past several decades, legal provisions have made it easier to report cases of elder abuse and pursue prosecution of those who commit it. In the early 1980’s, the California Penal Code 368 was enacted, which allowed for the prosecution of those abusing dependent adults. In this case, an “elder” was any person of age 65 years or older. The punishment for theft or embezzlement of elders could include fines, jail time, or both. In 1991, the Elder Abuse and Dependent Adult Civil Protection Act provided elders with a way to sue in civil court for financial abuse. More recently, the Financial Elder Abuse Reporting Acts of 2005 requires employees of financial institutions, including credit unions and banks, to report any suspected financial abuse to their local adult protective services or law enforcement agency.

Sometimes the outcome of a study leaves us thoroughly surprised. Other studies have results that seem like common sense. While a recent elder abuse study falls firmly in the latter category, it is still a study of great importance. First, our San Francisco elder abuse lawyer believes firmly that any study that forces people to focus on the problem of elder abuse is important. Second, the study presents yet another reason why elder abuse must be considered an important issue by pointing to a major economic cost that impacts victims and our society as a whole. Third, by confirming a suspected link, the study also provides one more “sign,” noting an outcome that should raise suspicions and encourage professionals to consider whether elder abuse may be affecting a particular individual.

The Study: Methods and Conclusions

A study published in the April 8 issue of the Journal of American Medical Association and detailed in a press release from Rush University Medical Center concluded that older adults who experience elder abuse or neglect are more likely to be hospitalized than other seniors. Dr. XinQi Dong, the study’s lead author, noted that while elder abuse clearly led to an increased mortality risk, especially due to cardiovascular problems, no prior study had focused on the relationship between abuse and health care utilization in the senior population. His study involved 6,674 community-dwelling seniors (i.e. those not living in a care facility) in Chicago, including 106 whom social services groups concluded were victims of elder abuse between 1993 and 2010.

To start, we’ll say that we believe the answer is “Yes.” The question is one posed in a recent article carried by Salon.com and The Crime Report – “Can elder abuse be stopped?” We believe the answer is yes, but we know this cannot occur without widespread efforts from law enforcement, courts, interest groups, and individuals. Our Northern California elder abuse law firm is proud to be a part of these efforts.

A “Dirty Little Secret”

As The Crime Report article notes, Americans over age sixty-five are the fastest growing demographic in the nation. Abuse targeting this growing population of seniors ranges from the economic to the physical, including sexual abuse and neglect. One advocate referred to elder abuse as “[a] dirty little secret” and experts agree too little is being done to stem the growing problem. A key obstacle to the battle against elder abuse is the lack of coordination between groups addressing the problem, including law enforcement, social services, and medical practitioners.