Lowell Steiger's Los Angeles Law Blog

Elder Abuse in America: Videos

 

    Injured people have a right to legal representation.  In my practice, I fight for those that have been injured by the negligent and intentional acts of others. Elder Abuse is the egregious mistreatment of those people who depend on their caretakers to, well, care for them.  Instead, for a variety of reasons, they are mistreated by those who have been entrusted with their care.  This can be in the form of physical abuse, emotional abuse, sexual abuse, neglect or financial abuse.  Are any of these forms of Elder Abuse worse than another?  I say no, they're all horrific and need to be addressed both criminally and civilly.  

    As a plaintiff's lawyer, I represent people on the civil side -- if an elderly person has been abused, I will sue their abuser and, where appropriate, the abuser's employer (i.e., nursing home, care facility, care agency, etc.) and any and all other persons or entities that are responsible for the physical, emotional and/or financial abuse suffered by a vulnerable older person. 

    Remember, the victim could be your grandparent, your mother, your father, your aunt or uncle, your sibling, or you.

    I want to devote this posting to just a few of the many, many Elder Abuse videos that I found on the web that illustrate this American (and worldwide) epidemic.

Hidden Surveillance Elder Abuse

91 year old resident of assisted living facility assaulted by night shift care provider. Assault captured on a hidden surveillance camera. Law suit to hold care provider and owners of assisted living facility accountable for abuse of vulnerable adult. 

Break The Silence: Elder Abuse in America 

    There is a silent crisis that effects every community in America: Elder abuse. Every year an estimated 5 million of America's older adults are beaten, ignored or financially exploited. Yet, as a country, we remain silent about this growing crisis.   Elder Justice Now (.org)

Elder Abuse Commercial 

    27 seconds that will tear your heart out.

Is Someone You Know a Potential Victim of Elder Abuse? 

CALL ME NOW - WE HANDLE ELDER ABUSE MATTERS

For a Free Consultation please contact Attorney Lowell Steiger immediately at

(323) 852-1100

[email protected]

Skype (with or without video): Lowell_Steiger

"Treated With the Respect and Understanding That You Deserve"

The Horrors of Elder Abuse and Neglect

 

    Hey, sometimes Elder Abuse is not so obvious.  It is reprehensible, it is outrageous, it is legally actionable but is it always apparent? 

    There are basically five types of elder abuse:

• Physical Abuse
• Emotional Abuse
• Sexual Abuse
• Neglect or Abandonment by Caregivers
• Financial Exploitation

    In this article, I'm going to give a brief description of these types of abuse.

    Keep in mind that an elderly person can be subjected to any one of these abuses or a combination of them.  In the next article, I will discuss what you can do if you suspect, or know, that an elderly person is being abused.

Physical Abuse

 

   Physical elder abuse is non-accidental use of force against an elderly person causing physical pain, impairment or injury.  This includes physical assaults (hitting, shoving) and/or inappropriate use of drugs, restraints, or confinement.  In California, "physical abuse" is defined in Welfare & Institutions Code Section 15610.63. 

Emotional Abuse

    Emotional elder abuse is the emotional or psychological abuse of an elderly person that causes him or her emotional pain or distress.  This can include intimidation through yelling, threats, humiliation, ridicule, blaming or scapegoating. 

    There are even non-verbal forms of psychological abuse such as ignoring the elderly person, isolating him or her from friends or activities or even terrorizing or menacing the elderly person.

Sexual Abuse

     What kind of monster would sexually abuse an elder?  Well, for that matter, what kind of monster would sexually abuse anyone?  The focus here, though, is on elder abuse.  It may seem obvious but, just in case, here are some of the ways in which an elder can be sexually abused:

• Sexual Battery per California Penal Code Section 243.4
• Rape, per California Penal Code Section 261
• Rape in Concert, per California Penal Code Section 264.1
• Spousal Rape, per California Penal Code Section 262
• Incest, per California Penal Code 285
• Sodomy, per California Penal Code Section 286
• Oral Copulation, per California Penal Code Section 288a
• Sexual Penetration, per California Penal Code Section 289 
• Lewd or Lascivious Acts per California Penal Code Section 288b (2) 

Neglect or Abandonment by Caregivers

     Horrifically, those charged with the care of the elderly can often neglect or abandon them, leaving them helpless and unable to fend for themselves. Here is a list of acts, or failures to act, which constitute neglect, per California Welfare & Institutions Code 15610.67(b): Failure to...

• assist in personal hygiene, or in provision of food, clothing or shelter
• provide medical care for physical & mental health needs
• protect from health & safety hazards
• prevent malnutrition or dehydration

Even more simply put (and still per the above code), neglect is defined as "the negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.  Sort of a catch-all.

Financial Exploitation

    The unauthorized use of an elderly person's funds or property by a caretaker or outside scam artist.  Blatant, and maybe not so blatant, exploitations may be as follows:

• Misuse of elder's personal checks, credit cards or other financial accounts
• Steal cash, income checks, or household goods
• Forge the elder's signature
• Engage in identity theft
• Phony charities
• Investment Fraud

Don't Ignore The Signs or Cries For Help!

     We all want to think that these things can't happen to someone we love.  However, it you see it happening (either to someone you love or to yourself), tell the elder's doctor, a trusted friend or family member.  You can also call Eldercare Locator at 1-800-677-1116.

Is Someone You Know a Potential Victim of Elder Abuse? 

CALL ME NOW - WE HANDLE ELDER ABUSE MATTERS

For a Free Consultation please contact Attorney Lowell Steiger immediately at

(323) 852-1100

[email protected]

Skype (with or without video): Lowell_Steiger

"Treated With the Respect and Understanding That You Deserve" 

Recognizing Signs of Elder Abuse

The following is an excerpt from a posting on my website entitled Recognizing Signs of Elder Abuse

A U.S. Bureau of Justice study in 1998 estimated that as many as 500,000 cases of elder abuse were reported and substantiated in 1996. Further, estimates indicate that over 2 million additional incidents went unreported that same year. One reason that so many incidents were not reported may be that relatives and friends are not always sensitive to signs of abuse. Frequently, the most reliable indicators of abuse are complaints made by the elder, but the elder may be unable or unwilling to complain. Because most states impose reporting requirements on those who become aware of elder abuse, it is important to recognize the signs. The following are some of the possible signs indicating common forms of elder abuse.

 

Neglect Indicators

• Poor hygiene, evidenced by an unkempt appearance and stained or torn clothing
• Untreated problems, such as abrasions or bedsores
• Unexplained weight loss, malnutrition or dehydration
• Unsanitary and unclean living conditions, especially beds
• Limited staff at nursing facilities

Emotional or Psychological Abuse Indicators

• The elder is withdrawn and unresponsive, generally unwilling to communicate
• The elder is visibly upset or agitated
• Anger or evident fear
• Unusual or atypical behavior indicating dementia, such as sucking or rocking

 Physical Abuse Indicators
 

• Bruises, black eyes, welts or signs of choking or rope burns
• Suspicious scratches, cuts, pinch marks or cigarette burns
• Broken bones or skull fractures
• Radical changes in behavior, such as being withdrawn, disoriented or agitated
• Refusal of the caregiver to allow visitors

Financial or Material Exploitation Indicators

• Changes in bank accounts or banking practices; additional signatories on accounts
• Abrupt changes in a will or estate plan; documents signed without understanding them
• Disappearance of money and/or valuable possessions
• Payment for unnecessary services or overcharging for services
• Failure to pay bills in a timely manner, despite having sufficient resources from which to pay them 
  

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If you, or someone you know, has been injured, please call me immediately at

(323) 852-1100 or send an e-mail to me at [email protected]

"Treated With the Respect That You Deserve"