San Bernardino Elder Abuse Lawyer
Our elders are the patriarchs and matriarchs of the family and are deeply loved. We remember when they were physically and mentally strong, but we must all face the reality that they suddenly become dependent upon the care and compassion of others as they age.
As more of our loved ones enter into their golden years, many will need the care of a nursing home and other care facility. When this difficult decision has been made, we enter the decision with the expectation that the caretakers will adhere to a high level of respect and care. Unfortunately, nursing home neglect and abuse is a tragic reality that many face each year.
By law, nursing homes are required to provide a specific level of care to all of its patients. Failure to meet the needs of the patients is a form of abuse and should be immediately reported to law enforcement and the associated government agencies. Speaking to an attorney about the abuse is highly recommended.
In an attempt to cut costs and increase profits, many nursing homes are guilty of violating health and safety standards and hiring people without the proper training or education to reduce employee costs.
As a result, the California Attorney General’s office recently doubled the size of its elder abuse division after a study found that:
- Only one nursing home in Los Angeles County was in full compliance for health and safety standards.
- Only eighteen homes were in compliance in the San Francisco Bay Area
- Zero nursing homes in the Santa Barbara area were in full compliance with these regulations.
Four Categories Of Elder Abuse
The law classifies elder abuse as any type of abuse against a person 65 years old or older. This devastating type of abuse is categorized into four main types of abuse.
Physical abuse includes any action that willfully inflicts bodily harm on the individual. For elder abuse, this may include, but is not limited to:
- Inflicting physical pain by hitting, kicking, slapping, biting or otherwise injuring the elderly person
- Physically restraining the individual
- Withholding water or food causing dehydration or malnutrition
- Sexual abuse of any kind
- Not properly administering medications or withholding medications
Signs of physical abuse can include:
- Bite marks, burn marks, bruises, black eyes, welts, lacerations, rope marks
- Bone fractures or breaks, including skull fractures
- Open wounds, cuts, punctures, untreated injuries in various stages of healing
- Sprains, dislocations, internal injuries/bleeding
- Broken eyeglasses/frames
- Physical signs of being punished and/or signs of being restrained
- Laboratory findings of medication overdose or under utilization of prescribed drugs
- An elder’s sudden change in behavior
- The caregiver’s refusal to allow visitors to see an elder alone
- Bruises around the breasts or genital area
- Unexplained venereal disease or genital infections
- Unexplained vaginal or anal bleeding
- Torn, stained, or bloody underclothing
- An elder’s report of being hit, slapped, kicked, or mistreated
- An elder’s report of being sexually assaulted or raped
Neglect can include many different scenarios and is not limited to the following:
- Allowing bed sores to occur because of not turning individual
- Not maintaining a level of hygiene to keep the individual clean
- Starvation, malnutrition or dehydration
- Creating conditions that are dangerous for the individual
Signs of neglect can include:
- Dehydration, malnutrition, untreated bed sores, and/or poor personal hygiene
- Untreated health problems
- Hazardous or unsafe living condition/arrangements (improper wiring, no heat, or no running water)
- Unsanitary and unclean living conditions (dirt, fleas, lice on person, soiled bedding, fecal/urine smell, inadequate clothing)
- An elder’s report of being mistreated
Emotional abuse can come in several forms, including:
- Intimidation of being harmed or mistreated
- Isolation from others out of neglect or as punishment
- Ridicule or verbal abuse
Signs of emotional abuse can include:
- Being emotionally upset or agitated
- Being unusually withdrawn and non communicative or non responsive
- Unusual behavior usually attributed to dementia (sucking, biting, hitting, rocking)
- An elder’s report of being verbally or emotionally mistreated
Financial abuse can include many different situations, but are most commonly associated with:
- Theft of personal property for personal gain
- Forgery or fraud, including identity theft, or the signing of legal documents
- Mismanagement of finances
Signs of financial abuse can include:
- Sudden changes in bank account or banking activity, including any unexplained withdrawal of large sums of money by a person accompanying the elder
- The inclusion of additional names on an elder’s bank signature card
- Unauthorized withdrawal of the elder’s funds using the elder’s ATM card
- Abrupt changes in a will or other financial documents
- Unexplained disappearance of elder’s funds or valuable possessions
- Bills left unpaid or substandard care being provided despite the availability of adequate financial resources
- Discovery of an elder’s signature being forged for financial transactions or for the titles of his/her possessions
- Sudden appearance of previously uninvolved relatives claiming their rights to an elder’s affairs and possessions
- Unexplained sudden transfer of assets to a family member or someone outside the family
- The provision of services that are not necessary
- An elder’s report of financial exploitation
California nursing homes are required by law to provide the following to all of their residents:
- A standard of care for each resident that allows them to thrive in a safe environment that encourages them to have the highest quality of life possible with their specific limitations taken into consideration.
- Services and activities provided that enhance quality of life and maintain a healthy psycho-social balance. Programs should be in place to adjust to the changing needs of each patient.
- A written care plan should be done on each patient so that all of their specific needs are met. This written plan should be followed daily and re-evaluated every couple of months to ensure health and happiness.
What To Do If You Suspect Nursing Home Abuse in San Bernardino, CA
If you suspect that your elderly loved one has been abused or is currently being abused in a nursing home, you must do the following:
- Speak to your loved one in an open manner and ask them to tell you what is going on. Document all information received with a time and date. Remember, many elderly people suffer intimidation at the hands of their abuser. If they deny abuse, yet you still see physical signs, you must act to protect their interests.
- Photograph any evidence that has led you to believe there is abuse taking place. This includes bite or burn marks, bruises, bed sores, and dry and cracked lips, which are a sign of dehydration.
- Contact local law enforcement immediately. You need to file a police report that abuse is taking place. Any type of abuse is illegal and a police report should be made to ensure that the authorities get involved.
- Follow through with your police report by contacting government agencies that are in charge of elder abuse cases. The police will most likely provide you with the information on whom to contact.
- Contact an attorney. Elder abuse is a very serious issue and your attorney can aggressively represent your loved one to ensure that the abuse is stopped, the criminals are held accountable, and compensation is issued.
At the San Bernardino Law Offices of Brent A. Duque, we maintain a staff of a highly professional, knowledgeable, aggressive and successful elder abuse attorneys who represent injured people through our offices that stretch across Southern California. Time limitations apply to any injury claim you might have, so for purposes of investigating a possible case and possibly preserving evidence, it’s best for you to contact us immediately after an injury or case of neglect.
Contact our San Bernardino County Personal Injury Attorney at 1-877-241-9554 to learn more about your legal options. A free consultation is just a phone call away. You can even use our online contact form, and we’ll reply to you quickly.