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Here are some of the most atrocious behaviors perpetrated by staff members of Nursing Homes and other Eldercare Facilities and corporations. Some of these abusive behaviors are red-flags for even more horrendous abuse:

Eldercare Facilities, including Nursing Homes have a legal obligation to have well trained and fully-qualified staff to deal with the needs of their clients. Corporate Greed and Administrative Negligence put these Paying Clients at Risk, because Corporations try to save money by not doing thorough criminal background checks when hiring, or refusing to adequately train and sufficiently supervise their careless and callous staff.

Most of the Eldercare Facilities, including Nursing Homes are owned and managed by Mega Corporations. These corporations vociferously advertise safety, habitability and quality care as the most important features of their services. Well, any deviation from these advertised promises could be construed as False Advertising. Moreover, the Mega Corporations must hire the right people, who care for elders. When they do not comply with their high standard of care imposed on them by law, the corporations must answer for their staff’s wrongs and pay for the various injuries they’ve caused to their elder clients. However, courts must see and hear evidence of abuse. Most elderly people are so overwhelmed and terrified from the perpetrated abuse, that all they want to do is: leave! And their families feel so guilty that all they want to do is to take their loved-ones to another facility. Chosen Lawyers are here to help you get through this nightmare and not just survive the ordeals, but also to thrive in recoveries. Chosen Lawyers have the proven track record of helping many other precious elderly people obtain Full Justice. And they are ready, willing and able to help you and your loved-ones. Chosen Lawyers believe that Silence in the face of Injustice emboldens the wrongdoers. We also believe, if we don’t stand for Justice for others, Justice will not stand for us, when we need it. After all, the Twilights of our Lives should be our Golden Years and Not our Medieval Dungeons!

According to Centers for Disease Control and Prevention (CDC) reports, more than 500,000 people over the age of 60 are abused or neglected per annum. However, the actual number is a whole lot more; since not all elder abuse and/or neglect are reported to authorities. In fact, according to a 2005 research by the National Center on Elder Abuse, as many as 2 million Americans, age 65 or older are abused or neglected by the very people in charge of their care, every year. Elder abuse and Neglect can occur anywhere including nursing homes, elder’s own homes and other facilities. While there are thousands of dedicated and caring professionals helping the elderly, Elder Abuse is unfortunately on the rise. The main reason for this dangerous trend in nursing homes and senior care facilities is corporate greed to maximize profits at the cost of injury to our most vulnerable people: the helpless elders. The Chosen Elder Abuse Lawyers have the professional experience and personal commitment to investigate and litigate the cause of your harm thoroughly, and diligently.

Elder abuse occurs when a caregiver to an elder person intentionally or negligently acts or refuses to act, when caring for an elder person; and this act or omission causes harm or serious risk of harm to a vulnerable elder person under their care. The Centers for Disease Control and Prevention (CDC) has categorized the following six types of abuse against people 60 years or older:

• physical abuse
• emotional abuse
• sexual abuse
• financial abuse
• neglect
• abandonment

Physical abuse does not have to be severe. For instance, pushing and slapping are construed as physical abuse. Even inappropriate physical or medicinal restraints would constitute physical abuse. Physical Abuse can be identified, when the elder bears unexplained injuries such as bruises or broken bones, burns or frequent visits from medical providers.

Elder Neglect occurs when caregivers refuse or fail to perform any part of their obligations or duties to an elderly person. Caregivers do not have to be a paid professional; they can be family members who are obligated to care for the elderly person. Although, neglect could include a wide range of needs, the typical ones can be identified as improper shelter, safety concerns, improper food, lack of proper clothing, hygiene and medical care. Generally, the tell-tale signs of Neglect are malnourishment, bedsores or skin ulcers; or medical needs not provided. Even unpaid bills could point to the Elder Abuse of Neglect.

Elder Emotional Abuse occurs when caregivers cause anguish, pain or distress through their words or acts. Such abusive behavior could be detected when an elder suffers from unexplained anxiety, severe mood swings; fear of interacting with caregivers; refusal to see family members or friends; hesitation to talk openly.

Elder Sexual Abuse occurs, when a caregiver performs any non-consensual sexual act upon the elder person. Sexual Abuse could be identified, when an elder person is inflicted with unjustifiable sexually transmitted diseases, pregnancy, genital lacerations and injuries, pain or bleeding and other circumstantial evidence. Sexual Abuse can also be construed if someone intentionally touching without treatment purposes, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of a person without competent consent.

Abandonment Abuse occurs, when a caregiver forsakes or deserts an elderly person who is under their care. The signs of Elder Abandonment could be visible in unclean living conditions, soiled clothing or bed; lack of proper administration of medicine or other types of treatments.

Financial Abuse or Exploitation of an elder person occurs, when the elder’s standard of living does not comport with his or her available resources; unjustifiable depletion of assets or transactions; missing property; and unexplained changes in living arrangements or any other improper use of an elder’s funds, property, or assets.

When abuse, abandonment or neglect occurs in a nursing home, retirement home or any other facility designated for care of elderly people, the facility can be held financially and possibly criminally liable if any of the following issues played a part in causing harm to the elders:

• Negligent Hiring
• Inadequate Staffing
• Inadequate Training
• Violation of Statutory or Regulatory Duties
• Medication Error
• Vicarious Liability

It is important to know that even if an employee of a facility performs an act that the facility does not condone, the facility could still be found liable vicariously, as long as the bad act was performed within the scope of employment. Liability could also be found, if a third party enters the resident or facility and injures or abuses an elder or patient. In such cases, a third-party security company in charge of the facilities’ security can be held liable under the Tort of “Negligence.” Thus, it may have to pay for damages it has caused.

If a loved one or you are a victim of Elder Abuse, or if you suspect that someone you know is a victim of elder abuse or neglect, you should contact the Law Enforcement Authorities.

California Elder Abuse Laws are designed to protect the elders, dependent adult and developmentally disabled people from all types of abusive behaviors and neglect. According to California Laws, a person who is 65 years of age or older is referred to as “Elder.” And any person between the ages of 18 and 64 who has physical or mental disabilities, which prevent him or her to carry out normal activities or to protect his or her rights is referred to as “Dependent Adult”. Moreover, any patient admitted to a 24-hour health care facility is also referred to as a “Dependent Adult.” This category of people may include those suffering from dementia, the developmentally disabled, the brain injured, psychiatric patients and, in some instances, those in rehabilitation facilities.

We want to empower all seniors and/or their families to identify, prevent and stop elder abuse. What constitutes elder abuse and neglect under California law? How can elder abuse be stopped? What are the rights of patients in nursing homes and other senior facilities? These are some of the questions we answer here. In recognition of the vulnerability of elders and dependent adults in California, the Legislature has mandated that all nursing homes provide their residents with a written policy of “Nursing Home Residents’ Bill of Rights.” The law mandates that residents be entitled to privacy, dignity, and respect. The Law also gives the residents the right to choose their own physician, possess personal property; plan their own medical care, manage their own finances, determine which visitors they may receive, and be discharged or transferred only for medical reasons.

NURSING HOME PATIENTS’ BILL OF RIGHTS

(1) To be fully informed, as evidenced by the patient’s written acknowledgment prior to or at the time of admission and during stay, of these rights and of all rules and regulations governing patient conduct.

(2) To be fully informed, prior to or at the time of admission and during stay, of services available in the facility and of related charges, including any charges for services not covered by the facilities’ basic per diem rate or not covered under Title XVIII or XIX of the Social Security Act.

(3) To be fully informed by a physician of his or her total health status and to be afforded the opportunity to participate on an immediate and ongoing basis in the total plan of care including the identification of medical, nursing, and psychosocial needs and the planning of related services.

(4) To consent to or to refuse any treatment or procedure or participation in experimental research.

(5) To receive all information that is material to an individual patient’s decision concerning whether to accept or refuse any proposed treatment or procedure. The disclosure of material information for administration of psychotherapeutic drugs or physical restraints, or the prolonged use of a device that may lead to the inability to regain use of a normal bodily function shall include the disclosure of information listed in Section 73524(c).

(6) To be transferred or discharged only for medical reasons, or the patient’s welfare or that of other patients or for nonpayment for his or her stay and to be given reasonable advance notice to ensure orderly transfer or discharge. Such actions shall be documented in the patient’s health record.

(7) To be encouraged and assisted throughout the period of stay to exercise rights as a patient and as a citizen, and to this end to voice grievances and recommend changes in policies and services to facility staff and/or outside representatives of the patient’s choice, free from restraint, interference, coercion, discrimination or reprisal.

(8) To manage personal financial affairs, or to be given at least a quarterly accounting of financial transactions made on the patient’s behalf should the facility accept his or her written delegation of this responsibility subject to the provisions of Section 73557.

(9) To be free from mental and physical abuse.

(10) To be assured confidential treatment of financial and health records and to approve or refuse their release, except as authorized by law.

(11) To be treated with consideration, respect and full recognition of dignity and individuality, including privacy in treatment and in care for personal needs.

(12) To be free from discrimination based on sex, race, color, religion, ancestry, national origin, sexual orientation, disability, medical condition, marital status, or registered domestic partner status.

(13) Not to be required to perform services for the facility that are not included for therapeutic purposes in the patient’s plan of care.

(14) To associate and communicate privately with persons of the patient’s choice, and to send and receive his or her personal mail unopened.

(15) To meet with and participate in activities of social, religious and community groups at the patient’s discretion.

(16) To retain and use his or her personal clothing and possessions as space permits, unless to do so would infringe upon the health, safety or rights of the patient or other patients.

(17) If married or registered as a domestic partner, to be assured privacy for visits by the patient’s spouse or registered domestic partner and if both are patients in the facility, to be permitted to share a room.

(18) To have daily visiting hours established.

(19) To have visits from members of the clergy at the request of the patient or the patient’s representative.

(20) To have visits from persons of the patient’s choosing at any time if the patient is critically ill, unless medically contraindicated.

(21) To be allowed privacy for visits with family, friends, clergy, social workers or for professional or business purposes.

(22) To have reasonable access to telephones both to make and receive confidential calls.

(23) To be free from any requirement to purchase drugs or rent or purchase medical supplies or equipment from any particular source in accordance with the provisions of Section 1320 of the Health and Safety Code.

(24) To be free from psychotherapeutic and/or physical restraints used for the purpose of patient discipline or staff convenience and to be free from psychotherapeutic drugs used as a chemical restraint as defined in Section 73012, except in an emergency which threatens to bring immediate injury to the patient or others. If a chemical restraint is administered during an emergency, such medication shall be only that which is required to treat the emergency condition and shall be provided in ways that are least restrictive of the personal liberty of the patient and used only for a specified and limited period of time.

(25) Other rights as specified in Health and Safety Code Section 1599.1.

(26) Other rights as specified in Welfare and Institutions Code Sections 5325 and 5325.1 for persons admitted for psychiatric evaluations or treatment.

(27) Other rights as specified in Welfare and Institutions Code, Sections 4502, 4503 and 4505 for patients who are developmentally disabled as defined in Section 4512 of the Welfare and Institutions Code.

Penal Code 368 PC is the California Statute that defines the crime of “elder abuse.” Here is the actual text of the law: “Any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured, or willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000) upon a first conviction or a fine not to exceed ten thousand dollars ($10,000) upon a second or subsequent conviction, or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years.”

Under Penal Code 368, Elder Abuse can be prosecuted as either a Felony or a Misdemeanor crime. The prosecutor has the discretion to consider the defendant’s criminal history and the attendant circumstances, under which the alleged abuse took place. When such crimes are prosecuted as misdemeanors, potential penalties include up to one (1) year in county jail and a fine of thousands of dollars. On the other hand, if it is prosecuted as a felony, the defendant may be sentenced to state prison from (2) to (4) years. Of course, the person/s and/or organizations, which cause such wrongdoings can also be held civilly liable for monetary damages under tort law; which may be substantial amounts in compensatory and punitive damages. In fact, even if the criminal prosecution does not convict the defendant/s, they can still be found liable civilly, because the standard of proof for civil cases is NOT “Proof Beyond Reasonable Doubt.” At Chosen Lawyers, we believe, Together, we can turn the Twilights of our Elderly People to their True Golden Years!