San Francisco Injury Lawyer Blog

Medicine can improve, and save, lives. Medicine can also be dangerous. In recent years, the media has called attention to the recreational abuse of both prescription and over-the-counter medications. However, much less attention has been paid to another medication-related threat – the misuse of medication to sedate or restrain elderly individuals. As an experienced San Francisco nursing home abuse lawyer, Attorney Brod believes it is crucial that people become aware of this dangerous form of elder abuse. We can only prevent nursing home abuse when we as a community stay informed about the threat.

California Nurse Sentenced to Three Years in Nursing Home Drugging Case

Attorney General Kamela Harris recently issued a press release announcing the criminal conviction and sentencing of a nurse for misusing drugs to chemically restrain nursing home residents. Gwen Hughes previously served as the Director of Nursing for a hospital-based skilled nursing facility in the Kern Valley Healthcare District. According to the evidence, Hughes ordered that psychotropic medications be administered to twenty-three elderly nursing facility residents. The medication was not given for therapeutic purposes but rather intended to quiet and control the patients for the convenience of the facility’s staff. The patients who received the medications were considered noisy, argumentative, prone to wandering, and had been known to complain about conditions in the home. Investigators concluded the medicines hastened three patients’ deaths and caused some form of adverse reaction to all twenty-three patients, many of whom were being treated for dementia or Alzheimer’s disease.

Modern medicine and an awareness of the public to important steps of living out a healthy lifestyle have helped life expectancy rates rise. As more and more people live well into old age, family members get a chance to enjoy their elderly relatives for a longer period of time. However, as these elderly citizens age, their ability to care for themselves, their mental capacity, and their sound decision making skills deteriorate. This makes them vulnerable to being taken advantage of by virtually anyone, from family members, to nursing home workers and even in some cases, public service officers.

Pinole Elder Abuse by Police Officer

When the phrase “elder abuse” is heard, most people think of physical abuse committed on an elderly individual. However, elder abuse does not only pertain to physical abuse. Often, elder abuse refers to when someone takes advantage of an elderly citizen for financial gain. This exploitation includes “illegal taking, misuse, or concealment of funds, property, or assets“. This is what happened to an 82 year-old woman, Jean Phyllis Jones by former Pinole police commander and his wife, Matthew Messier and Elizabeth Regalado. Messier was a neighbor of Jones’s who beginning in January of 2012, began taking control of Jones’s financial assets. Messier drafted documents that gave him control of Jones’s estate and placed himself as the sole beneficiary if and when Jones passed. Ms. Jones was noted to have diminished mental capacity and an inability to make financial decisions. She was unable to identify the legal documents concerning this matter and could not even recall Messier’s name.

Pleasanton police were alerted to the possible case of abuse and after months of investigation, have now charged both Matthew Messier and Elizabeth Regalado with defrauding the 82 year old. Messier had used his position as an officer of the law to gain Ms. Jones’s trust, eventually taking control of bank accounts, cars, and safety deposit boxes amounting to the sum of $750,000.
In this particular case, the type of elder abuse ranged from grand theft to the practicing of law without a license as Messier drafted the legal documents himself that gave him control of Jones’s estate. Fortunately, the Alameda County Adult Protective Services agency became aware of the situation and was able to alert police to investigate the matter. If you believe someone is sustaining elder abuse, here are some signs to look for:

• Physical o Bruises,
o pressure marks,
o broken bones,
o abrasions,
o burns
• Emotional
o Withdrawal from normal activities o Unusual depressed • Financial o Sudden changes in financial situation o Unauthorized use of property or assets
Please note that this list is not a comprehensive or guaranteed list of abuse. For a more comprehensive list, visit the National Center on Elder Abuse.

Sources:
Newly-Launched Elder-Abuse.net Focuses on Silent Epidemic in United States
Cop, Wife Charged in Elder Abuse Case
Former Pinole police commander arrested for ripping off 82-year-old
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Justice always requires someone willing to seek it. In many cases, the first step towards justice is a witness or victim speaking up and reporting a wrong. All too often, as our Oakland elder abuse law firm knows from first-hand accounts, witnesses and victims are afraid to speak. Even the most well-meaning and good-hearted people can be worried about retribution or be paralyzed by doubt about their role and whether it is their place to speak up. The law can help by clarifying responsibilities. A new provision in California law on mandatory reporting of elder abuse seeks to do just this, making it clear that certain witnesses have an obligation to speak up when they see a wrong and allowing the law to guide them when they might doubt the proper response.

Obligation to Report Elder Abuse Expanded for Care Center Staff

As reported recently in The Napa Valley Register, a new law took effect on January 1st that aims to help combat the problem of caregivers abusing, neglecting, or stealing from seniors by expanding mandatory reporting requirements. Assembly Bill 40 doubles prior reporting duties for those required by California law to report witnessing abuse of long-term care center residents. The mandatory reporters covered by the provision are employees, supervisors, and administrators at such facilities. Such individuals no longer have the option of choosing between reporting alleged crimes to either the center’s ombudsman or law enforcement; they now must notify both. This duty includes contacting local law enforcement by both phone and written report within two hours of a suspected incident involving an injury or within twenty-four hours when no injury occurs. Failure to comply with this duty to report abuse is classified as a misdemeanor and carries a maximum penalty a $1,000 fine and/or six months jail sentence.

We have recently focused a number of entries on this blog on the problem of elder abuse in California. This is not a new issue and it is not a new area of practice for our experienced Northern California elder abuse attorney. However, the problem is growing at a startling rate and we are committed to informing the public about the threat to our seniors. We hope this knowledge allows our readers to be better equipped to spot elder abuse and encourages them to speak up if they suspect someone they know is being mistreated. Just as it takes a village to raise a child, it takes a community to protect our older residents, especially those made vulnerable by physical or mental decline.

We have written about physical abuse, neglect, and financial exploitation of the elderly. This post will focus on a familiar topic but one that people rarely associate with the senior population. It speaks well of most of us that we’d never imagine the crime, but it is important that people become aware of the very real threat of sexual abuse of seniors, a danger lurking in nursing homes, other care centers, and even private homes.

Investigators Suspect More Victims May Be Involved in Nursing Home Sexual Abuse Case