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Elder Abuse and Neglect
Nursing Home and
Elder Care Facility Litigation
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To simplify and accelerate gathering information regarding elder abuse, we have compiled a suggested list of Resources.html.




MORE ABOUT ELDER ABUSE:

Abuse of an elder or dependent adult means either (A) physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment resulting in physical harm or pain or mental suffering or (B) deprivation by a care custodian of goods and services necessary to avoid physical harm or mental suffering.

The statute further defines different kinds of abuse. For example, physical abuse includes assault, battery, sexual assault, and improper use of physical or chemical restraints (i.e. over-medication). Neglect includes the failure to assist with hygiene, the failure to provide adequate food, clothing and shelter, the failure to provide medical care and the failure to prevent malnutrition or dehydration, to name a few. Goods and Services Necessary to Avoid Physical Harm or Mental Suffering include medical care, personal hygiene services, adequately heated and ventilated shelter, and protection from malnutrition.


How to Spot Elder Abuse

You know it in your gut. Listen to your inner voice. If it is telling you that something is wrong, it probably is.

Many clients who come to me have worried themselves sick over a situation involving a loved one. There is a familiar theme to their concern. They wonder why no one will listen to them. They ask for help, but no one responds. They are polite at first. Then they scream, shout, cry, beg, pray. They start to doubt themselves. They wonder whether they are exaggerating the problem. They wonder whether the experience they are going through is normal. They wonder if they are crazy to think that the care should be better.

Don't give in to the doubt. Our loved ones often cannot speak for themselves. You need to give them a voice. Keep talking. Someone, eventually, will hear you.

The law does not begin to describe the true nature of the abuse and neglect that occurs in nursing homes and elder care facilities. It is often difficult to know how your loved one is feeling or what he or she is experiencing because of overall difficulty communicating, dementia, confusion, forgetfulness, depression, and other physical and mental ailments which effect the elderly or ill. One should be alert to some common signs of abuse and neglect and be prepared to react and intervene on the elder's behalf once one or more of these signs are recognized.

Physical Abuse
  • Bruises
  • Red Marks
  • Broken Bones
  • Signs of over-medication or unauthorized use of psychotropic medications (i.e. lethargy, sleeping all the time, even during the day).
  • Change in behavior (i.e. elder becomes combative, agitated - this may be a sign of a change in his or her condition or due to lack of pain management).


Mental or Emotional Abuse
  • Change of Mood
  • Depression
  • Abrupt change in communication status (i.e. elder stops talking)


Neglect
  • Dehydration
  • Malnutrition
  • Sudden or Dramatic Weight Loss
  • Loss of Appetite
  • Pressure Sores/Bed Sores
  • Broken Bones
  • Falls


This list is not meant to be exhaustive. The presence of one of these conditions is not conclusive proof of abuse or neglect. Likewise, abuse or neglect may manifest in some other way. Determining whether or not someone has been subjected to "Elder Abuse" often involves complex technical and medical assessments. Therefore, it is important to have an overall understanding of the elder's condition, and to look for a change in condition or behavior, then look for an explanation.

If you suspect someone has been the victim of elder abuse or neglect, we want to hear about it. Contact Us now.



ADDITIONAL Resources.html:

To simplify gathering information regarding elder abuse we have compiled the following list of Resources.html:


California:
California Advocates for Nursing Home Reform
1610 Bush Street
San Francisco, CA 94109
Contact: Patricia McGinnis
ph: (415)474-5171
www.canhr.org

Nursing Home Guide - sponsored by CANHR
www.nursinghomeguide.org

Foundation Aiding the Elderly
P.O. Box 254849
Sacramento, CA 95865-4849
Contact: Carole Herman
ph: (916)481-8558
fax: (916)481-8329
e-mail: carole@4fate.com

National Senior Citizens Law Center
Los Angeles, CA Office
3435 Wilshire Blvd., Suite 2860
Los Angeles, CA 90010-1938
(213) 639-0930
(213) 639-0934 fax
Send an e-mail to the Los Angeles office
www.nsclc.org

California Department of Health Services' Licensing and Regulation
Regulates Skilled Nursing Facilities and Acute Care Hospitals
Los Angeles County
(323) 869-8519
Toll Free: (800) 547-8267
Ventura County Office (805) 604-2926

California Department of Social Services' Community Care Licensing
Regulates Residential Care Facilities for the Elderly, Adult Residential Facilities and other Non-Skilled group homes.

Ventura County and Santa Barbara County Office
360 S. Hope Avenue, C-105
Santa Barbara, CA 93105
(805) 682-7647

L. A. County Office
(310) 568-1807

Long Term Care Ombudsman Program
Los Angeles County Office
(310) 393-3618 or (800) 334-9473

Ventura County Office
(805) 656-1986

For statewide listing of Ombudsman Programs:
Ombudsman Contacts

Elder Abuse Reporting Hotline
Los Angeles County (800) 992-1660
Santa Barbara County (805) 692-4011
Ventura County (805) 654-3200
Kern County (800) 277-7866

Adult Protective Services
Los Angeles (213) 351-5401
Oxnard (805) 240-2800
Ventura (805) 654-3260
Simi Valley (805) 582-8062

National:
National Citizens' Coalition for Nursing Home Reform (NCCNHR)
1424 16th Street, NW, Suite 202
Washington, D.C. 20036
202-332-2276 (phone)
202-332-2949 (fax)
www.nccnhr.org

Elder Care Online
54 Amuxen Court
Islip, N.Y. 11751
info@ec-online.net



WWW Links


Elder Law Related Legal Resources.html on the Web
(C) 2008 Law Offices of Jody C. Moore, llc