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In the state of California, individuals aged 65 and older are considered elders. The occurrence of elder abuse, which can have severe implications for victims and their loved ones, is deemed unacceptable under California law. It is crucial for the public to be aware of elder abuse in order to detect and prevent such incidents effectively. If you need legal assistance or wish to discuss a specific case, we invite you to contact ACTS Law today at (833) ACTS-LAW or email us at info@actslaw.com to create a new email.
Defining Elder Abuse
As per the Welfare & Institutions Code § 15610, elder abuse encompasses various forms of mistreatment inflicted upon an elderly person. These include physical abuse, neglect, financial abuse, abandonment, isolation, abduction, and other acts that result in harm, pain, or mental suffering. Elder abuse can be either unintentional, arising from negligence or carelessness, or intentional, involving a deliberate attempt to cause harm to the victim. Additionally, it involves the denial of necessary goods or services by a care custodian, leading to physical harm or mental suffering.
Support for Elder Abuse Victims in Southern California
If you suspect or have evidence that your elderly loved one has been a victim of abuse in Southern California, ACTS Law offers experienced representation to assist you in seeking justice.
Our services cover various types of elder abuse, including:
- Emotional Abuse: Elders can experience emotional abuse through verbal mistreatment, such as constant yelling, isolation for extended periods, bullying, threats of physical harm, or degrading and racist comments. Emotional abuse can significantly impact the overall well-being and health of elders.
- Physical Abuse: This form of abuse can involve direct physical contact like kicking or hitting, but it often stems from neglect. Physical abuse can lead to bedsores due to inadequate care, malnutrition, dehydration, broken bones, bruising, and can result from assault, improper supervision leading to falls, and more.
- Financial Abuse: Elder abuse can also involve scams perpetrated by con artists who may appear legitimate but manipulate victims into bad investments or other fraudulent schemes. Cases of financial abuse may include theft of money or property, check forgery, or theft.
Identifying the Main Perpetrators
Typically, elder abuse is committed by individuals in positions of authority over the elderly, such as caregivers, hospice care providers, nursing home staff, nurses, and home health aides. However, abuse can also occur at the hands of family members, friends, or even strangers who have unsupervised access to the elderly victim. Caregivers are more likely to engage in elder abuse if they lack proper training, rely financially on the elder, or have issues with substance abuse or mental health.
Risk Factors Associated with Elder Abuse
Elders with disabilities, including poor physical health, illness, cognitive impairment, confusion, or dementia, are often targeted for abuse due to their vulnerability and reduced ability to report the mistreatment. Other risk factors to consider are shared living situations and elders who experience social isolation.
Recognizing Signs of Elder Abuse
Elderly victims who endure abuse or neglect may exhibit various signs indicating mistreatment. The specific indicators depend on the type of abuse but may include:
- Unexplained physical injuries
- Frequent illnesses, infections, or sepsis
- Neglect or poor hygiene
- Bedsores or pressure ulcers
- Malnutrition or dehydration
- Sexually transmitted diseases
- Agitation or emotional distress
- Anxiety, fear, or post-traumatic stress disorder
- Depression, withdrawal, or suicidal thoughts
- Decreased self-confidence or self-esteem
- Decline in physical or mental health
- Unaccounted for bank withdrawals
- Suspicious financial transactions
In severe cases, elder abuse can even result in wrongful death.
Preventing Elder Abuse
To protect your elderly loved ones, conduct thorough research before entrusting their care to others. Visit nursing homes in person, read reviews, and observe how staff members interact with one another, as this can indicate their treatment of residents when unobserved. Check the facility’s history for any citations or violations. Once your loved one has been placed in a care setting, maintain regular communication and frequent visits to detect any changes in their well-being that may signify elder abuse.
What to Do if Elder Abuse is Discovered
If you become aware of elder abuse within your family, take immediate action to ensure the safety of the victim. Move the individual to a secure location and involve the appropriate authorities, such as the police or nursing home management. Ensure that your loved one receives necessary medical care and psychological therapy.
Subsequently, contact an elder abuse attorney for a free consultation. The victim and their family may be entitled to financial compensation.
Filing a Lawsuit for Elder Abuse in California
Elder abuse is a crime in all 50 states, and perpetrators can face criminal consequences and civil penalties. The victim or their family can file a civil lawsuit against the facility and/or perpetrator to seek financial compensation. Holding the responsible parties accountable not only provides closure and justice for the survivor but also prevents further harm to others. The compensation available may cover medical expenses, related financial losses, legal fees, physical pain and suffering, emotional distress, psychological therapies, diminished quality of life, loss of consortium, and wrongful death damages.
To build a strong case, evidence of elder abuse can include photographs, surveillance footage, eyewitness statements, medical records, and expert testimony. The plaintiff must establish the elements of a personal injury or wrongful death claim, while adhering to all relevant laws in California. An elder abuse lawyer can guide you through the legal process.
ACTS Law: Your Partner in Pursuing Justice
For further information about how our elder abuse attorneys can assist you, please reach out to us at (833) ACTS-LAW or email us at info@actslaw.com to create a new email.