Articles Posted in Elder Abuse

p_pnznnd7-y-ashim-d-silva-300x200In July, Gary Lee Potts, 62, was arrested for his part in the 2014 death of Mauricio Edgar Cardenas, 65, who was an elderly nursing home resident with dementia at The Manse on Marsh. Potts, the owner of the facility, and another former facility administrator, Christopher E. Skiff, have been accused of elder and dependent abuse and involuntary manslaughter based on the care they and their facility failed to give to the elderly man.

If you believe your elderly loved one is not receiving the care he or she is entitled to at a nursing home, or you think that negligent care caused your relative’s death, contact our San Francisco elder neglect and abuse attorneys at Brod Law Firm right away. It can be difficult to investigate nursing home care. However, we are well-versed in these matters and will fight to get to the bottom of what has happened to your loved one.

Nursing Home Owner and Employee Charged With Manslaughter

christian-langballe-78684-copy-300x200The day may come when you have to help your elderly parents move into a nursing home. You may have struggled against this decision for quite some time, or your mom or dad may have resisted the idea of losing his or her independence. However, at a certain point, it becomes clear a professional health care facility is the best place for your elderly loved ones to receive the medical care and attention he or she truly needs. As a child, grandchild, or close friend, you can do a great deal to help your loved one make this difficult transition.

Ways to Help Your Loved One Transition to a Nursing Home

If your elderly loved one has made the decision to move into a nursing home or you have had to make this decision on his or her behalf, take these steps to try and smooth the transition:

fabian-blank-78637-copy-300x200The California Department of Business Oversight (CDBO) had disturbing news. The CDBO released a report in May on California’s Deferred Deposit Transaction Law, which showed senior citizens, those older than 62, took out more deferred deposit loans than any other age group. In fact, 23.4% of those over 62 relied on these “cash advance” or “payday” loans in 2016. These are short-term loans during which an individual borrows a small amount of cash, which they then have to pay back with a very high interest rate. There are usually lending fees involved too.

This is just one example of how elderly individuals are often put in financially precarious situations and can easily be taken advantage of by lenders and individuals.

Payday Loans Have Extremely High Interest

freestocks-org-126848-copy-300x200Whether or not a terminally ill individual should have the right to decide when he or she dies is a vehemently contested issue. Throughout most of the U.S., physician-assisted suicide is illegal. If it goes on, it is not talked about or done within the eyes of the law. Only six states have some form of legalized physician-assisted suicide, including Colorado, Oregon, Washington, Vermont, California, and the District of Columbia. However, California’s current law is up for debate with a new legal challenge.

California’s Current Law

California’s current physician-assisted suicide law is known as the End of Life Option Act and went into effect in June of 2016. The law enables qualified, terminally ill individuals to ask for and obtain medications that would result in death when they chose to administer them. The law is entirely voluntary for both patients and physicians, and there are safeguards in place to ensure it is not abused.

tim-evans-88330-copy-300x200The 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.

christian-langballe-78684-copy-300x200There may come a time when you have to put mom or dad, or grandma or grandpa, into a care facility. It is never your first choice, yet it is often the best one. Your elderly loved ones may need more physical support, supervision, and medical care than you are capable of giving them. By letting your loved one continue to live at home or with you, you are actually doing him or her a disservice and increasing the risk of negative health effects or early death. However, there are a number of practical questions that arise after you have decided a facility is best for your loved one, including:

  • What are his or her needs?
  • What care facilities are available and how do they differ?

mark-rabe-240392-copy-300x200Cheryl and Eric Mills were arrested for kidnapping and elder abuse after suddenly removing an elderly relative from a care facility without permission. Police found the Mills and the elderly individual 90 miles away from the care home in Stockton. The 88-year-old victim was not harmed during the incident, but the individual has continuous health concerns and is unable to give consent, according to a detective on the case. Neither of the Mills had permission to remove the individual from the facility and did not have the capability to care for the elderly person as was necessary.

Civil Liability for Elder Abuse

When an elderly individual is abused by a relative, caretaker, or other person and suffers physical, psychological, or financial injuries, he or she has the right to pursue compensation through a personal injury claim. Any person who harms an elderly person can be held civilly liable in court for the economic and non-economic damages associated with the abuse. For instance, if the Mills had harmed their elderly relative during this incident, the individual would have had a cause of action against them.

cristian-newman-63291-199x300When you have elderly parents in nursing homes, it can be difficult to monitor their health and safety. You are not around every day to ensure that they get enough food and water, are properly bathed, receive their medications, and are not neglected or abused. You may not even be able to see your loved ones each week if you live far away. This can enable nursing home staff and others to take advantage of your parent’s situation, either neglecting to give them the care they need or emotionally, physically, or sexually abusing them. If you have begun to notice signs of abuse when you visit, you are probably wondering what you should do. Where do you turn when the people who are supposed to care for your loved ones are harming them?

If you suspect your elderly mother or father is being abused at their care facility, take the following steps:

  • Speak with a facility administrator: If you believe something is wrong, you need to speak with the management of the facility as soon as possible. This is the best time to gauge their reaction and take careful note of how they try to rectify – or explain away – the situation. If you see no changes in the following days or weeks, move head through more formal channels.

zi8-e3qj_rm-cristian-newman-300x199Urinary 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.

alvaro-serrano-133360-copy-300x200If you are a devoted grandparent or your elderly mom or dad dotes on your kids, you need to be aware of how this love and affection can be manipulated. Over the years, more and more elderly people have been targeted by what is known as a grandparent scam. In this situation, someone poses as a grandchild to fraudulently obtain money from the elderly person. This ruse can go on for months and cost elderly grandparents hundreds or thousands of dollars, seriously putting their finances at risk. Once the fraud is discovered, there is often little the elderly individual can do to recover. By learning more about this scam and educating your elderly loved ones, you can avoid being the victim of financial elder abuse.

How the Grandparent Scam Works

An individual posing as a grand- or great-grandchild phone, emails, or writes to an elderly person. This individual says they are in some sort of trouble, maybe they were arrested and they need bail or despite working hard, their bills have gotten away from them. Whatever the story, this individual may spin a tale that makes them look in need, yet not at fault for their circumstances. After their sad story is complete, they imply that they could use some help. They may be sold bold as to imply or outright state that if grandma or grandpa sent them some money, they could get themselves back on track. Many elderly grandparents are so distraught to hear their grandkids are in trouble, they are willing to do whatever they can to help. They do not think twice about checking with other family members about their supposed grandchild’s story. Ultimately, grandma or grandpa may end up mailing a check, giving over their credit card or banking information, or purchasing and sending store gift cards.

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