3 Most Common Types of Nursing Home Abuse in California
Nursing home abuse is a widespread issue in California and is projected to increase. In this article, California elder abuse attorney Ingrid Evans discusses the three most common types of nursing home abuse, how to check for warning signs that your loved one has been hurt or neglected at an elderly care or assisted living facility, and what you can do to seek justice.
The number of California residents who are 65 years of age or older is projected to double through 2030. Now, more than ever, families are turning to nursing homes and long-term residential care facilities to provide their elderly loved ones with the medical attention and daily assistance they need which, unfortunately, cannot easily be provided at home. We hope and believe, of course, that our elderly loved ones are being looked after at these centers by an experienced and caring staff. However, the truth about nursing homes is often a far cry from the idyllic image these facilities attempt to portray.
According to the State of California Department of Justice, over 400,000 elderly Californians reside in a nursing home, residential care or assisted living facility. The state also reports that 13% of the complaints filed against California’s long-term care facilities involved some form of abuse, neglect or exploitation – more than twice the national rate. What’s even more alarming is the fact that many incidents of abuse go unreported. Statistics show that the top three types of nursing home abuse are physical abuse, emotional abuse, and neglect. If you have an elderly loved one residing in a nursing home or long-term care facility, it’s important to recognize the warning signs of abuse and how to fight back.
The 3 Most Common Forms of Nursing Home Abuse in California
Nursing home abuse can take many forms, from more concealable actions such as continual derogatory comments to overt acts of violence, such as a physical attack. However, regardless of the actual type of abuse the victim may be suffering, it can – and usually does – result in long-lasting effects on the victim, as well as their loved ones. In some cases, elder abuse can even lead to death. Unfortunately, for many victims, abuse isn’t a one-time occurrence. Most victims suffer prolonged periods of abusive conduct, and many do so in silence.
In order to take a stand against nursing home violence and misconduct, it is imperative to recognize what constitutes abuse, first and foremost. In California, the three most common types of elder abuse are physical abuse, emotional abuse, and neglect. Let’s explore each of these types of abuse in further detail.
Physical elder abuse is one of the most frequently reported forms of abusive conduct in nursing homes and elderly residential facilities, and can involve a wide range of actions. It is characterized by the use of physical force (often unnecessary roughness) against an elder that results in pain or bodily harm. The abuse may manifest itself as a flagrant transgression, such as hitting an elderly person in front of several witnesses, or can involve less blatant actions, like shaking an elderly person to get their attention. Below are some examples of physical abuse that nursing home victims may suffer:
- Unnecessary or excessive restraint
- Pushing or shoving
- Hitting or slapping
- Severe beatings
- Sexual assault or rape
Who Are the Perpetrators of Nursing Home Abuse?
When we entrust the care of our elderly loved ones to the doctors, nurses, administrators, and staff at nursing facilities and assisted living centers, we assume they will be looked after, will have their needs met, and will have medical attention readily available. That is the hope, but it’s not always the reality. Sadly, those closest to our loved ones – those whom we may never suspect – are the ones who may be violating their rights.
Nursing home abuse perpetrators can include anyone who is employed at the facility, visiting doctors, vendors and even residents. In some cases, relatives of fellow residents can also inflict pain and suffering on elderly victims. Oftentimes, there is no motive aside from a desire to cause harm to those who cannot fully defend themselves. Other times, the motive is financial. Perpetrators may try to steal money or valuables from nursing home residents. It is not uncommon for smaller, unaccredited facilities to take part in financial scams and, even worse, employ physically abusive and emotionally threatening practices to force or coerce victims to give up money and valuables.
Many perpetrators are repeat offenders. Not all elderly care centers thoroughly screen applicants to ensure new hires have no history of violence, theft, neglect or other red flags. And so, many previous perpetrators gain access to elderly residents and continue to abuse new victims.
Why Incidents of Nursing Home Abuse Go Unreported
Despite the prevalence of nursing home abuse throughout California, the unfortunate truth is that many of these incidents go unreported. According to The National Center of Elder Abuse, only one in every 14 cases of nursing home abuse is reported, but the actual number may be higher. Sometimes, the victim is physically unable to report the abusive treatment because health conditions such as dementia or a speech impediment prevent him or her from doing so. Other times, victims are threatened by the perpetrator to remain quiet and fear retaliation if they file a complaint. Perpetrators may tell the victim that the abuse will increase in frequency or worsen if they report it, even worse, the victim’s life and the lives of their loved ones may be threatened.
Additionally, the victim may not have any family or a support system to turn to. Even if the victim does have someone to talk to, their complaints may not be taken seriously – especially if the victim suffers from dementia and if they do not show physical signs of abuse. Or, the victim may not want to burden their loved ones. They may already feel as though they have been a burden to their loved ones and do not wish to upset their families any further.
Finally, another reason why victims of elder abuse fail to report their circumstances is because they feel shame. This is often the case when sexual abuse has occurred. However, the longer the abuse goes unreported, the more the victim will continue to suffer. While the victim may not be able to report the matter themselves, loved ones can – and are encouraged to – act on their behalf.
How Families Can Protect Elderly Loved Ones From Abuse
There is no excuse for nursing home abuse and perpetrators can be held liable for their misconduct and may incur both civil and criminal charges for it. If you suspect your loved one has been hurt or neglected at a nursing facility, it is imperative you take action right away. Call 911 and report the matter to the facility where the victim resides, local law enforcement, the Licensing and Certification Division of the California Department of Public Health (DPH), the Bureau of Medi-Cal Fraud & Elder Abuse (BMFEA), your county’s long-term care ombudsman office. While immediate reporting to law enforcement is critical, also contact an experienced California elder abuse attorney for legal advice on how to proceed with filing a claim against the long-term care or assisted living facility, staff or other perpetrators. Law enforcement agencies are not able to pursue all the remedies to which the victim and his or her family may be entitled. That’s where a California elder abuse attorney can help.
Loved ones who notice any of the warning signs of nursing home abuse are encouraged to seek assistance immediately to stop the mistreatment and prevent further occurrences. Keep a log of evidence that supports your elder abuse claim, such as dates and names of those who refused to assist the victim or who displayed aggressive, emotional or neglectful behavior toward your loved one. Take plenty of photos of the facility’s conditions and any bruises or injuries the victim sustained. Ask the facility to provide you with a log of those who are in service on any given day and who have direct access to your loved one or who have previously interacted with them. Check records of medical treatment, including the medications that have been given to your loved one. Also, ensure the victim obtains medical treatment with a different doctor or facility and ask for a detailed report of their current conditions.
Obtain Assistance From an Experienced and Compassionate California Elder Abuse Attorney
At Evans Law Firm, Inc. we take nursing home abuse seriously and understand that the effects of long-term care mistreatment and neglect can harm the victim both physically and emotionally. Our goal is to ensure your loved one stops suffering and never falls victim to elder abuse or neglect again. We will help you file all the necessary reports and will not hesitate to take legal action against those who have caused your elderly loved one harm. To review your options and learn more about how we can help you put an end to the abusive treatment, call us today at 888-503-8267 or 415-441-8669, or reach out to us online.