How To Spot Caregiver Neglect
We entrust our aging loved ones to certified caregivers who can give them the attention and medical care that they need. But when bed sores and other unhealed bruises, family member personality changes, and a distinct lack of good hygiene make an appearance, among other signs; it can indicate extreme caregiver neglect.
Keep reading to learn about how to spot caregiver neglect, reporting misconduct, and what your legal options are for accountability. California elder abuse attorneys from BD&J are here for you.
Call 855-906-3699 or fill out our online form to schedule your free consultation with a BD&J team member.
Is There a Shortage of Elderly Caregivers Right Now?
According to data collected by John Hopkins University, there are about 63 million caregivers in America, with about 53 million of these caregivers being unpaid loved ones. A shortage of caregivers is happening throughout the country, and it boils down to a few factors:
- A growing elderly population (There was an increase of 73% for the 65+ population in just 8 years)
- Low pay for the job duties
- Lack of state and federal funding for care
- The job duties are often viewed as repetitive and demanding
- A general lack of respect for the job title and duties
Caregivers have an important role in society, but low pay and a generally underestimated view of the job have impacted the number of certified caregivers available in California and throughout the rest of the country.
What Does Neglect Mean?
Neglect in legal terms means that a person with a duty of care failed to uphold this duty. When it comes to caregiver neglect, this means that the caregiver failed to commit the reasonable actions to uphold their duty of care to their care recipient in providing basic needs for their health and general wellbeing.
Signs of Caregiver Neglect
A shortage of caregivers means there are overworked, under certified, and burnt-out people in positions of providing care to elderly and often physically impaired family members, clients, and even friends or acquaintances.
This can lead to neglect and situations of abuse of an elderly loved one. If your loved one has been in the care of a caregiver for some time, what are signs there may be neglect going on?
Telltale indicators may include:
- Untreated injuries: Bed sores, unhealed bruising, and other unattended medical problems can be a red flag.
- Unsafe or unsanitary living conditions: Soiled bedsheets, bedbugs, piled up dishes, rotten food, and overall neglected and filthy conditions of an elderly person’s home can show a neglectful caregiver.
- Lack of personal hygiene: Dirty or soiled clothes, going too long without baths, uncut nails and hair, and the presence of dirt, sores, and rashes on a person can point to a problem with their care.
- Weight loss and malnutrition: Sudden weight loss, dry skin, vocal confirmation by a senior loved one about extreme hunger, and unexplained weakness or fatigue may signal malnutrition and dehydration in an elderly individual.
If you’re unsure whether what your loved one has lived through would be considered neglect, talk to a BD&J elder abuse attorney to learn more. We’re in your corner and can advise you on how to spot caregiver neglect.
Is Neglect Always Intentional?
No, neglect can be both intentional and unintentional. A caregiver that doesn’t understand an elderly adult’s needs, is burnt out, disagrees with prescribed medical care, or is in denial about how much care a senior patient needs may be unintentionally neglectful.
Risk Factors for Elder Neglect and Abuse
Some of the risk factors that make already vulnerable elder family members at risk for neglect or abuse include:
- Cognitive impairment
- Extreme dependence
- Social isolation
- Physical decline
- Financial dependence or coming into financial gain
How To Spot a Burnt-Out Caregiver
Spotting a burnt-out caregiver can possibly help prevent cases of neglect for an elderly friend or family member. Spot a stressed or overworked caregiver with the following signs:
- Difficulties with concentration. – A burnt-out or stressed caregiver will have difficulties paying attention or concentrating on conversations or on their environment.
- Sleep deprivation and low energy. – A caregiver who looks tired, sluggish, and lacks energy can be dealing with lack of sleep and reduced energy from stress.
- Increased irritability and frustration. – If you’re visiting a family member or a friend, pay attention to the caregiver’s attitude. Impatience, increased sarcasm, short answers, and even yanking items or slamming and pushing things can signal stress and being overwhelmed.
- Talk to your loved one. – Ask them how their day is and if they’ve had any issues with their caregiver. A vocal confirmation or clues to a caregiver’s attitude when you’re not around can also be helpful.
We want our senior loved ones to feel protected and cared for as they enter another stage of life. But even careful vetting, research, and our trust in certifications and the experience of a caregiver doesn’t guarantee neglect or abuse won’t occur.
When a caregiver is stressed, burnt-out, or just intentionally negligent, leading to injuries for your loved one, they should be held legally accountable.
Frequently Asked Questions
What Evidence Do I Need to Prove Elder Abuse?
Evidence like photos and videos of an elderly loved one’s home and their injuries, medical reports highlighting malnutrition and trauma, witness testimony, and any reports from the care facility if relevant could be strong evidence in a case.
Can Family Testimony Help?
Absolutely. If your loved one is a nursing home, testimony from visiting family members highlighting anything they may have witnessed is very helpful. This is also the same for testimony from visiting family at their elderly loved one’s home who interacted with a caregiver.
How Long Do I Have to File a Claim on Behalf of My Loved One?
You usually will have 2 years from the last date of injury or incident to file a claim.
What Are Common Types of Elder Abuse?
The most common types of elder abuse are physical, emotional, financial, and sexual.
What if My Loved One Doesn’t Want to Talk About It?
Asking elderly loved ones about abuse is never an easy thing, but it’s important to start the conversation reminding your loved one that you’re here for them, and they can trust you with anything. Find a quiet and private place where it’s just the two of you and ask them a couple of open-ended questions to see what they are comfortable disclosing.
What if Elder Abuse Happens in a Nursing Home?
Elder abuse in nursing homes can be especially overwhelming, because this is a facility with a larger team that is meant to care for its residences. If you suspect elder abuse in a nursing home, call the police, document any injuries on your loved one, and remove them from the facility as soon as possible.
From there, you’ll want to speak to an elder abuse lawyer in California to learn more about the next steps.
How Common is Elder Abuse in California?
Unfortunately, reports of elder abuse in California are pretty common, with an estimated 15,000 reports of elder and dependent adult abuse being made monthly. Elder abuse is also notoriously underreported.
What if a Family Member is Being Neglectful to My Elderly Loved One?
If a family member is in charge of caring for your loved one and is being neglectful, you must call 911 for any immediate dangers. If there is no immediate danger, you must report the abuse to Adult Protective Services and speak to an attorney.
Is There a Difference Between Elder Abuse and Elder Neglect?
Yes, elder neglect focuses on an ignored duty of care and ultimately the deprivation of a person’s wellbeing through the actions (or inaction) of an elder.
Elderly abuse begins to go into other actions, like physical hitting, psychological torment, financial abuse and stealing or fraud of an elderly person, and sexual abuse through nonconsensual sexual acts.
Can BD&J Help My Family After a Case of Elder Abuse?
Absolutely. Since our establishment in 2007, BD&J attorneys have been dedicated to representing numerous victims in California when it comes to injuries from neglect or misconduct in car accidents, motorcycle accidents, wrongful death lawsuits, and other incidents where vulnerable family members have been hurt.
Our attorneys are strong and dedicated legal advocates who will fight for you and your loved ones for the compensation you deserve. We also work on a contingency fee basis, which means no upfront costs* to get started on your case.
How Can I Connect with the BD&J Law Firm?
Call us at 855-906-3699 or complete our online form to connect with a team member and schedule your free consultation with an attorney. With offices in Riverside, Los Angeles, Pasadena, Rancho Santa Margarita, Sacramento, and throughout California, you don’t have to worry about traveling far to find our attorneys.
If you can’t make it to us, we’ll come to you.
Caring Elder Abuse Lawyers in California Who Fight Injustices and Neglect
Knowing how to spot caregiver neglect can further prevent consequences for our senior loved ones. If someone you love has dealt with caregiver neglect or abuse, don’t wait to call BD&J.
BD&J elder abuse attorneys in California will relentlessly fight for your loved ones in the uncertain aftermath of a case of neglect.