elder abuse attorney in Oakland

Types of Emotional Elder Abuse in California

October 19, 2018 | Gregory J. Brod

While elder physical abuse is typically easy to spot, as you notice bruises and scratches on your elderly loved one’s body, emotional abuse, or psychological abuse, can be more difficult to detect. In California, any type of elder abuse, including emotional or psychological abuse, is illegal and punishable under the law. If you suspect a loved one has been the victim of emotional or psychological elder abuse, contact the attorneys at Brod Law Firm today to help your loved ones seek justice and obtain the compensation they deserve.

What is Emotional Elder Abuse?

Emotional, or psychological elder abuse is similar to domestic abuse that an individual may experience in a bad relationship with their significant other or even with their parent or sibling. It often takes place in nursing homes by nursing home staff and caretakers, but it can also take place in the elderly individual’s home by his or her own family members. A person who is found to have committed elder abuse can be charged with a felony, which can result in two to four years of state prison time, or a misdemeanor, which can result in up to one year in county jail and thousands of dollars in fines, depending on the person’s background and history.

California Appellate Court Expands Reading of California Elder Abuse Law

June 19, 2017 | Gregory J. Brod

The First District Court of Appeal in California found the state’s Elder Abuse and Dependent Adult Civil Protection Act should be interpreted broadly. In Mahan v. Charles E. Chan Insurance Agency, Inc., the court determined that the Act covers claims arising from bad faith insurance sales practices. Despite the elderly plaintiffs not paying for the insurance policy directly, the court determined that they suffered a unique injury. This decision is likely to be important down the road as more financial elder abuse claims come to light, and individuals and their loved ones strive to protect their interests and punish those who attempt to take advantage. If you believe this decision may affect your civil claim regarding financial elder abuse, contact an experienced San Francisco elder neglect and abuse attorney from Brod Law Firm today.

Mahan v. Charles E. Chan Insurance Agency, Inc.

In the 1990s, Fred and Martha purchased life insurance policies that were held in a revocable living trust for the benefit of their kids. The trust was self-sustaining so that it could continue to pay the insurance policies’ premiums without the couple paying more money into the trust themselves. In 2013, when Fred was suffering from cognitive decline and confusion, and Martha had been diagnosed with Alzheimer’s disease, the defendants altered the couple’s policies through unfair practices.

UTIs a Sign of Elder Neglect and Abuse

May 17, 2017 | Gregory J. Brod

Urinary tract infections can pose a serious threat to the health of an elderly individual. While both men and women may get a UTI once or a few times throughout their lives, this infection should be caught as early as possible and treated right away. Without prompt and appropriate care, individuals suffering from UTIs can go on to have more complex and harmful complications, such as acute or chronic kidney infection, permanent kidney damage, urethral narrowing, and sepsis, according to Mayo Clinic. In elderly individuals, these complications are not only painful, they can result in early death.

The Elderly are at Risk for UTIs

Unfortunately, many elderly individuals are at a high risk of UTIs because of negligent care and abuse at nursing homes. UTIs are caused by bacteria entering the urinary tract and bladder through the urethra. While our bodies are meant to be able to combat dangerous bacteria, sometimes this is not possible due to medical conditions, prescription drugs, and other factors.

Pressure Ulcers Often a Sign of Nursing Home Neglect

December 4, 2016 | Gregory J. Brod

When we leave our loved ones in a nursing home we expect that they will be properly cared for. Sadly, that is not always the case. Sometimes nursing homes fall short of providing the care that is expected. Nursing home residents often suffer injuries due to neglectful care. One common medical problem that happens to elderly people in nursing homes is the appearance of pressure ulcers. Pressure ulcers, also known as bedsores, are often a sign of nursing home neglect.

What Causes Pressure Ulcers

Pressure ulcers are red sores that are caused by something that rubs against the skin on a continuous basis. They most commonly occur in the elderly and those who are bedridden. The sores form on areas of the body that are in contact with the bedding, such as the heels, tailbones, and elbows. The sores are painful, and if allowed to worsen, can be difficult to treat.

Fighting Financial Fraud in 2016: Northern California Lawyer Warns of Financial Scams Targeting Seniors

January 1, 2016 | Gregory J. Brod

As a new year dawns, it occurs to us that our work is a mix of retrospective moments and prospective planning, focusing on difficult moments with the hopes of helping our clients move forward. We are proud of this work, but enjoy using this blog to help prevent these terrible moments. In this spirit, we turn today to the problem of financial scams targeting seniors. Elder abuse, one of our firm’s specialty practice areas, includes physical, emotional, and financial harm. Although people of any age can be impacted, seniors are disproportionately targeted with financial fraud targeting seniors on the rise. Today, our San Francisco, Oakland, and Santa Rosa financial abuse lawyer looks at some common scams from 2015 with the hopes of helping readers guard their money in 2016.

The Top Ten Scams of 2016 (Plus Two)

The Santa Rosa Press Democrat recently ran an informative article that elaborates on the Better Business Bureau’s (“BBB”) list of the Top Ten Scams of 2015, a list we’d subtitle “That You Should Watch Out for in 2015”: