Elder Abuse

Dementia Puts the Elderly at Risk for Abuse and Neglect

May 5, 2017 | Gregory J. Brod

Many of us have become familiar with dementia because we may have witnessed its effect first hand in a parent or grandparent. The condition, which is both chronic and progressive, affects about 47 million people worldwide. Millions of those individuals are right here in the U.S. and in California. Dementia affects all aspects of an individual’s life, from memory, the ability to think clearly, and the ability to live independently and perform everyday tasks. While many elderly people can initially live alone or with a spouse in the early stages of dementia, the disease usually progresses to the point of the individual requiring constant in-home care or to live in a nursing home. It is at this time that the elderly become vulnerable to abuse and neglect.

Rates of Dementia in the U.S.

As the Baby Boomer generation ages, many in the medical and public health professions worry that the rate of dementia will skyrocket. However, it looks like dementia rates in the U.S. are actually falling. A study by researchers at the University of Michigan, Ann Arbor, observed 21,000 U.S. adults over the age of 65 between 2000 and 2012. The study uncovered that the rate of dementia decreased 24% during this time period. It was 11.6% in 2000 and 8.8% in 2012. In 2000, the average age at diagnosis was 80.7 years and by 2012, the average age rose to 82.4 years.

Fighting Elderly Isolation Can Help Reduce Neglect and Abuse

April 24, 2017 | Gregory J. Brod

Elderly individuals in California often become isolated over time. As family members and friends pass away, become less mobile, or move away, older individuals may find themselves living alone with few, if any, people to interact with. This isolation can lead to significant mental and physical ailments and puts individuals at risk for neglect and abuse by caretakers and financial scams. Fighting elderly isolation is essential in improving older individual’s health as well as protecting them from neglect and abuse.

Many of California’s Elderly Live in Isolation

It is not simply that we think elderly individuals are more likely to suffer mental health issues or additional physical medical problems, it is a statistical fact. Research conducted by the University of California, San Francisco, found that 18% of seniors in the state live alone and 43% reported feeling lonely on a regular basis. The same study found older individuals who reported feeling lonely had an increased risk of death by 45% and isolated elderly had a 59% higher risk of mental and physical decline compared to more social older individuals. Physicians across the state regularly witness the negative effects of isolation, which greatly contribute to an early death.

Three Sonoma County Contractors Face Multiple Charges Including Elder Abuse

April 17, 2017 | Gregory J. Brod

Three Sonoma County contractors are facing up to 50 felony and misdemeanor charges after an investigation led by the California Contractors State License Board found they were scamming customers. Some of the charges include grand theft, burglary, diversion of construction funds, conspiracy, and elder abuse.

Contractors Took Advantage of Clients

Tony Joseph Goodwin and Samuel Williams of Goodwin Millworks are accused of taking advantage of private consumers and non-profit organizations that house citizens with developmental disabilities. They are accused of unlawfully obtaining about $566,000 from their victims. The non-profits paid more than $460,000 for work on two different homes, which were abandoned by the contractors. They then had to pay an additional $685,000 to another contractor to complete the unfinished work.

Isolation is a Sign of Elder Abuse

April 12, 2017 | Gregory J. Brod

Elder neglect and abuse are a growing concern around the country. As of mid-2014, there were 46.2 million individuals in the U.S. over the age of 65 and by 2060, that number is projected to grow to 98.2 million, according to the U.S. Census Bureau. At that point, almost one in four U.S. residents will be elderly, and 19.7 million of them will be 85 years or older. As our population ages, these individuals become more vulnerable to physical and emotional neglect as well as physical, emotional, and financial abuse. However, there are ways to remain vigilant and prevent seniors from being hurt and taken advantage of. Isolation is one of the consistent signs that elder neglect or abuse is happening.

Who Can Isolate Your Loved One

Isolation can begin as minor changes in your loved one’s life until it becomes so extreme, your elderly family member or friend has little to no contact with others. This isolation can be caused by a family member, romantic partner, caregiver, or anyone who establishes a relationship of trust with your loved one like neighbors. Workers who your loved one sees consistently over time like bank tellers and grocery store clerks can also become overly involved in your loved one’s life and isolate them for financial gain.

Nursing Home Staff May Negligently Fail to Monitor Residents’ Blood Thinner Dosages

April 5, 2017 | Gregory J. Brod

Coumadin and other blood thinners are commonly used by elderly individuals. These individuals are often prescribed this type of medication to reduce the chance of heart attack, stroke, and other major medical events. However, blood thinners are serious medications and patients taking them need to be closely monitored by a physician or nursing home staff. Being on this type of medication when it is unnecessary or taking too much can lead to injuries and fatalities. In fact, ProPublica and The Washington Post found that 165 nursing home residents were hospitalized or died after suffering from Coumadin, or the generic Warfarin, errors between 2011 and 2014. These incidents are preventable when elderly patients are given proper care.

The Dangers of Failing to Monitor Blood Thinners

Coumadin has well-documented benefits. However, when patients are given too much or too little of a blood thinner, they are put at risk for serious health issues and early death. For instance, when patients who are at risk for negative health events are given too low of a dosage or not given their prescribed medication, they remain highly at risk for blood clots, stroke, and heart attack. When elderly individuals are prescribed or unnecessarily given too much of a blood thinner, they can suffer internal bleeding. Warfarin can also dangerously interact with other medications like commonly prescribed antibiotics. If physicians and other nursing home staff are not on the lookout for common medication interactions, then elderly patients are seriously at risk for injuries.

Golden Living Center in Napa Facing Elder Abuse Charges

March 31, 2017 | Gregory J. Brod

The care facility formerly known as the Golden Living Center along with its administration and four employees are being sued for negligent hiring and elder abuse. The suit is based on the death of Jeanne Roney, 91. Roney was diagnosed with scabies and then passed away nine days later. Her daughter, Tammy Cook, claims her mother died due to the facility’s negligence, which resulted in her mother falling several times, acquiring scabies and multiple urinary tract infections, and suffering from dehydration and malnutrition. Cook alleges her mother was not properly cared for, eventually acquiring a UTI that could not be treated with oral antibiotics and scabies that were so bad Queen of the Valley Hospital notified the California Department of Public Health about the case.

If your loved one at a care facility is suffering from unnecessary injuries like UTIs, bed sores, or dehydration, contact a San Francisco elder abuse lawyer at Brod Law Firm as soon as possible. An experienced attorney can help you get the proper care for your loved one and determine if he or she has the right to file a suit against negligent caretakers or facilities.

Negligent Hiring

HR 1215 Concerns Lawmakers, Attorneys, and the Elderly

March 20, 2017 | Gregory J. Brod

Under House Bill 1215, introduced in February 2017 by Rep. Steve King, R-IA, there would be a cap of $250,000 on non-economic damages for civil malpractice cases involving elderly and dependent adults. While California has a similar cap, it does not apply to lawsuits involving negligence and abuse toward the elderly and dependent adults. Lawmakers stress that the bill is intended to reduce healthcare costs and increase access to healthcare – it is even named “Protecting Access to Care Act of 2017.” Since the federal government is adversely affected by malpractice lawsuits for individuals insured through Medicare, legislators estimate it could save the government $62 billion in the next 10 years. However, many healthcare providers and attorneys feel this law would take away a crucial protection against elder abuse and interfere with state’s rights.

Elder Protection Issues in HR 1215

As David R. Cohen of Stark and Stark pointed out, civil lawsuits are one of the only ways elderly individuals and their families have to recover after an elderly person or dependent adult is significantly injured or killed due to negligent, reckless, or intentionally harmful medical care. Civil cases enable victims and their families to be reimbursed for their expenses and compensated for their pain and suffering, which can be severe in elder abuse situations. These civil cases also serve to make fraud in nursing homes and other care organizations known to the public, increase accountability, and improve the quality of care adults receive.

If You Believe Your Elderly Loved One Was Sexually Assaulted, Take Action Now

March 1, 2017 | Gregory J. Brod

It is impossible to give a specific figure, yet it has become clear to investigators and lawmakers that the country’s elderly are being physically and sexually abused in astounding numbers. Elderly women, in particular, are at risk of being sexually abused by caretakers due to a decrease in their physical and mental capabilities. Meanwhile, nursing homes and care providers are doing little to protect their residents from sexual abuse or to ensure perpetrators are apprehended and prosecuted. Elderly people’s accusations of sexual assault are often dismissed as hallucinations or unbelievable due to medical conditions or side effects of medications. Other times allegations are incredibly difficult to investigate when physician and mental deficiencies make it hard to identify or describe the attacker, even when they are believed. More egregiously, some nursing homes have been found to purposefully turn a blind eye or protect attackers to avoid a scandal.

If you believe your loved one has been sexually abused at a nursing facility, contact a San Francisco elder abuse attorney at Brod Law Firm immediately to ensure your loved one is taken care of, living somewhere safe, and has the ability to seek justice.

California’s Sexual Assault Laws

Defining Undue Influence in Elder Abuse Situations

February 20, 2017 | Gregory J. Brod

Financial elder abuse comes in many different forms, yet it often has the underlying element of undue influence exerted by a person over an elderly individual. During financially abusive situations, this undue influence results in a family member, caretaker, friend, or stranger unlawfully gaining money, real estate, personal property, or other assets from a senior. These circumstances are not only morally wrong, they are also illegal. Financial elder abuse can lead to both civil and criminal charges against the perpetrators.

Undue Influence under California Law

California’s Welfare and Institutions Code §15610.70 defines undue influence. It is excessive persuasion that causes an individual to act or not to act by overcoming that individual’s free will, resulting in inequity.

What Katherine Jackson’s Elder Abuse Accusations Can Teach Us

February 13, 2017 | Gregory J. Brod

Katherine Jackson, 86, the mother of famous siblings Michael and Janet Jackson, came forward earlier this year claiming that her nephew, Trent Lamar Jackson, had been financially and emotionally abusing her for years. According to documents filed in court for a restraining order, Mrs. Jackson stated that Trent made himself the custodian over her care and was employed as her driver. She heavily relied on him, yet Trent would refuse to take her home, would not drive her unless she met his demands, isolated her from other family members to exert undue influence on her, and did all of this to control her finances and live in her guest house for free. Trent’s psychological abuse confused Mrs. Jackson and caused her angst, fear, and depression. The documents also claim that Trent accessed Mrs. Jackson’s bank accounts and used her credit cards for his own purchases without her permission.

Mrs. Jackson was granted a temporary restraining order against her nephew, who is not allowed within 100 yards of her or within the gated community where she lives. Trent is required to move out of Mrs. Jackson’s home and return all keys, passwords, and combinations to the property. A hearing for a permanent restraining order is set for March 1.

Accusations of elder abuse like this are taken seriously by California courts. Physical, emotional, and financial abuse of individuals over the age of 65 can lead to civil lawsuits and criminal charges.