California Elder Abuse Attorneys: Risk Factors for Elder Abuse
Nursing homes, caregivers, and other avenues of care for our elderly loved ones can seem like the best choice for those loved ones to get the attention and care they need. But what happens when these parties fail to provide the care needed, or even engage in acts of abuse against our vulnerable family members?
California elder abuse attorneys from BD&J explain risk factors for elder abuse, signs of elder abuse, and what you can do if you suspect a loved one is going through this ordeal.
Why is Elder Abuse So Common?
The elderly are unfortunately one of the most vulnerable populations in the country, and California is no exception. According to the California Adult Protective Services Department, there are over 202,459 reports of elder and dependent adult abuse made to the state every year.
However, even these numbers aren’t fully accurate. For every case of abuse, there’s an estimated 44 that go unreported. Older adults who may be experiencing health problems, including mental decline, can be targeted due to their physical inability to fight back, especially if they are alone or in a care facility.
Call 855-906-3699 or complete our online form to connect with an elder abuse attorney in California today.
Common Risk Factors of Elder Abuse
According to BD&J elder abuse attorneys in California, some of the most common risk factors for elder abuse include:
Physical and Cognitive Decline
Most elderly adults experience physical and cognitive decline. Health conditions like:
- Dementia
- Alzheimer’s disease
- Diabetes
- Hearing loss
- Vision loss
- Limited mobility
- Parkinson’s disease
Can affect an elderly loved one’s movements and ability to be aware or protect themselves from any instances of physical or sexual abuse.
Stressed Caregivers
There is a massive caregiver shortage in California and throughout the country. This means stressed, underpaid, and unprepared caregivers are given the role of caring for senior adults, which can lead to caregiver neglect or abuse.
In some cases, friends and family members can step up to take care of an elderly person, but this can further increase the risk of abuse.
Social Isolation
Many elderly family members may live alone, due to a combination of adult children going off to form their own families and households and the inevitable passing of a spouse. This may lead to dependency on a caregiver or moving into a nursing care facility.
Certain Living Situations
Certain living situations can also increase the risk of an elderly person being subjected to abuse.
Besides living alone and depending on a caregiver, living in an understaffed nursing facility with stressed caregivers can increase the chances of elder abuse. In fact, 2 out of 3 staff members of nursing homes and long-term care facilities reported committing abuse in a year.
Similarly, living in a household with family conflict and financial pressure can lead to negative emotions and reactions among family members toward an elderly adult.
How To Spot Signs of Elder Abuse
If you suspect elder abuse is going on with a friend or family member, it’s important to keep an eye out for the following signs:
- There are consistent unexplained bruises or other injuries. – Unexplained lacerations, bruises, or other cuts that keep reappearing or refusing to heal could point to physical abuse.
- A loved one displays poor personal hygiene. – Bedsores, dirty and soiled clothing, lack of showers/baths, and uncut hair and nails can be key indicators of abuse or neglect.
- An elderly adult is residing in unsanitary living conditions. – If a senior adult lives with a caregiver, the presence of mold, pests, piled dirty dishes, accumulation of trash, and other unsanitary living conditions can signal serious neglect.
- A loved one shows anxiety, withdrawal, or fearful reactions to certain people. – These emotions can signal that an elderly person may be intimidated or traumatized.
What Do I Do if I Suspect Elder Abuse?
If you suspect elder abuse in a family member, you should do the following:
- Report the incident to Adult Protective Services.
- Call the police if there is an immediate threat of danger.
- If the abuse is occurring in a nursing home or other care facility, see the fast removal of your family member from there.
- Seek immediate medical attention for your family member.
- Document all necessary evidence, including photos and videos of injuries and living conditions, any communications with a caregiver or nursing facility, and if there’s financial abuse, document bank transactions and missing resources.
- Talk to a California elder abuse attorney about available legal options.
Why Talking to an Elder Abuse Lawyer in California Can Help
Discovering physical, sexual, emotional, or financial abuse happening to someone we love can be earth-shattering. But you don’t have to go through the aftermath alone.
Working with an elder abuse lawyer in California can help you hold the appropriate parties accountable through a legal claim. An attorney can represent you through the filing process, evidence collection, negotiations, and much more.
Frequently Asked Questions About Elder Abuse
How Can I Report Elder Abuse?
Reporting elder abuse could be done through Adult Protective Services, the Department of Justice, or the Long-Term Care Ombudsman Program. For any instances of immediate danger, you need to call 911.
If you’re unsure of where to report elder abuse within the state, a BD&J attorney can help.
What Evidence Can Help Support an Elder Abuse Claim?
Photos and videos of injuries and living conditions, bank statements, testimony from your senior loved one and other witnesses, medical documentation of injuries, and any formal communications with a nursing or care facility can help.
What Should I Look for in a Nursing Home?
When choosing a long-term care facility for an aging family member, it’s always recommended you visit a facility, ask questions about how many caregivers work there, read reviews about facilities, ask friends and other family for recommendations, and comparing care facilities in California through the CDHP’s Cal Health Find Database.
Are There Any Laws That Protect the Elderly in California?
Absolutely. The Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) enforces the state’s protection of elders and other vulnerable populations against abuse, defines what constitutes as abuse, and also reinforces the legal rights of victims to recover damages through a legal process.
California Penal Code § 368 enforces that inflicting great bodily harm, injury, and emotional suffering on an elderly adult is a crime and outlines legal punishments.
Who is Legally Responsible for a Senior Family Member?
California Family Code § 4400 states that an adult child, to the extent of their ability, must support a parent who is unable to work and sustain themselves. However, enforcement of this law can vary.
What Are Common Injuries from Elder Abuse?
Some common injuries can include lacerations, broken bones, head injuries, and neck injuries.
Can I File a Claim on Behalf of My Loved One for Elder Abuse?
If a loved one is mentally competent and willing, they can file a civil claim for elder abuse.
However, if a loved one has passed away from their injuries, or is mentally incompetent, you may be able to be appointed by the court as a guardian ad litem or conservator or obtain power of attorney to represent them. If your loved one has passed, you may be eligible to file a claim with a wrongful death attorney in California.
What Do I Need to Bring to an Elder Abuse Attorney Consultation?
Supporting evidence is crucial to be able to consult with an attorney about your claim. You’ll want to come prepared with questions about the attorney’s prior case experience, case results, and how they would proceed with your claim.
What Kind of Compensation Can Be Recovered in an Elder Abuse Claim?
Compensation can include medical expenses, property damage or loss, recovery of financial resources, and pain and suffering.
Where Can I Connect with BD&J?
You can connect with BD&J attorneys at our offices in Los Angeles, Pasadena, Rancho Santa Margarita, Sacramento, and more.
But don’t worry. If you can’t make it to our offices, our attorneys will make it to you!
Why Should I Work with the BD&J Law Firm in California?
Since our establishment in 2007, the BD&J attorneys have dedicated themselves to working with clients throughout California in the fight for justice. With over $3 billion* in compensation recovered for victims of car accidents, construction accidents, truck accidents, and other personal injury accidents, we don’t turn our backs on any case.
Our team is eager to help you and your loved ones share your story.
BD&J California Elder Abuse Attorneys Protect Victims and Their Families
Our elderly loved ones may often be at risk of abuse in certain situations. While we want to protect them and know they’re in good hands, elder abuse can take place in even the most certified care facilities.
When elder abuse occurs, BD&J is the law firm you can trust. Our attorneys understand the delicate nature of elder abuse cases, and we’re ready to fight on your behalf.
Connect with BD&J elder abuse lawyers to get started on your claim for compensation.