The laws regarding the handling of nursing home complaints may vary slightly by state, but most states have a policy requiring that investigation of nursing home complaints begin one to two weeks after they are filed. Individuals who file legitimate nursing home complaints have the right to be free from retaliation, to remain anonymous, to receive a response, and to accompany the investigator to the site if desired. According National Committee for the Prevention of Elder Abuse (NCPEA), a recent national study of Adult Protective Services (APS), there were 253,421 reports of abuse of adults age 60 or older. Considering the large amount of underreporting, the Senate Special Committee on Aging estimated has that as many as five million older Americans may be victims of abuse, neglect, and/or exploitation every year.
There is good news in California, however, regarding the development of ways to prevent elder
abuse and protect seniors. Specifically speaking, during 2010 new efforts were made at zeroing in and cracking down on the different types of abuse against elders. One such effort was the creation of a new software system to increase safety for domestic violence victims. The system, called the California Courts Protective Order Registry , will be used by the trial courts in all 58 counties and will help judges issue protective orders, including protective orders for elders. Another effort is being made by the California Department of Managed Care, which involves an investigation into insurance agents who defraud seniors by disenrolling them in Medicare– without their knowledge– and enrolling them in Medicare Advantage, a program where the federal government pays the premiums to the private insurer.
If your loved has been of elder abuse, please contact our office today. Or if you have questions regarding elder abuse law, please feel free to call us. Here at the Brod Law Firm we have over 10 years experience and a track record of successes in recovering compensation for personal injury victims.