How to identify, report elder abuse and neglect, and raise awareness to end these tragic cases

June 9, 2021 | 9:03 am


It’s hard to imagine that anyone would deliberately want to harm an elderly person — senior citizens, after all, are some of our frailest and most vulnerable citizens. Yet, elder abuse and neglect is a widespread problem.

California sees more than 175,000 cases of reported elder abuse cases each year, according to Kern County Aging & Adult Services. And officials estimate that for every case known to reporting agencies, 24 cases go unreported.

For Elder Abuse Awareness Month, Chain | Cohn | Stiles would like to draw attention to this problem and provide facts, prevention tips, vital resources, and other information to help reduce neglect and abuse (World Elder Abuse Awareness Day this year takes place June 15). The law firm has been at the forefront in fighting for victims of elder abuse and neglect in Bakersfield, Kern County and throughout the state.

Read below to learn more about elder abuse and neglect, and how we can work together to bring these cases to an end.

 

WHAT IS ELDER ABUSE / NEGLECT

Some instances of elder abuse are intended to exploit the person financially, including scams targeting seniors. In other cases, it’s simple negligence: Caregivers don’t provide the basic necessities, like nutritious food, appropriate medication, safety, or assistance with hygiene. Abuse can include physical, emotional, financial, abandonment, isolation, and neglect.

Here are five facts about elder abuse:

  1. Elder abuse instances happen mostly in the home where the senior lives.
  2. One in every 10 elder adults experience some form of abuse in their lifetime.
  3. The most common form of abuse is financial exploitation and extortion.
  4. In around 90% of elder abuse and neglect incidents, the perpetrator is a family member.
  5. Only one of every six instances of elder abuse and neglect is reported.

The purpose of elder abuse awareness is to provide an opportunity for communities around the world to promote a better understanding of abuse and neglect of older persons by raising awareness of the cultural, social, economic and demographic processes affecting elder abuse and neglect.

The COVID-19 pandemic exposed neglect and abuse tragedies in elder care and nursing home throughout the United States, including in Kern County. Local skilled nursing facilities experienced COVID-19 outbreaks that affected staff and residents alike. During the pandemic, Kern County Department of Public Health requested immediate help with staffing shortages at Kingston Health Care Facility in Bakersfield, and healthcare professionals throughout the state were sent to assist the facility.

A report by media agency Al Jazeera English highlighted how an elder care system already in crisis imploded under the weight of the coronavirus pandemic. The coverage included an interview with Chain | Cohn | Stiles attorney Matt Clark, an elder abuse and neglect lawyer.

 

REPORTING ELDER ABUSE, NEGLECT

So why does elder abuse go unreported? Many times, elders have no family to report to. They also fear retaliation from “caregivers,” or they feel shame in regards to abuse. Another reason is they fear they will lose independence, or fear they will upset their own family members. Many times, however, victims simply lack understanding of how to report abuse.

Another issue lies is recognizing elder abuse and neglect. In fact, elder abuse can take many forms including:

  • Physical abuse: Inflicting physical pain or injury on a senior (slapping, bruising or restraining by physical or chemical means).
  • Sexual Abuse: Non-consensual sexual contact of any kind.
  • Neglect: The failure by those responsible to provide food, shelter, health care, or protection for a vulnerable elder.
  • Exploitation: The illegal taking, misuse, or concealment of funds, property, or assets of a senior for someone else’s benefit.
  • Emotional Abuse: Inflicting mental pain, anguish, or distress on an elder person through verbal or nonverbal acts (humiliating, intimidating, or threatening).
  • Abandonment: Desertion of a vulnerable elder by anyone who has assumed the responsibility for care or custody of that person.
  • Self-neglect: Characterized as the failure of a person to perform essential, self-care tasks and that such failure threatens his/her own health or safety.

So, how do you recognize elder abuse and neglect, and what are the warning signs. Here are a few of them:

  • Bruises, broken bones, abrasions and burns may be an indication of physical abuse, neglect or mistreatment.
  • Unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression may be indicators of emotional abuse.
  • Bruises around the breasts or genital area can occur from sexual abuse.
  • Sudden changes in financial situations.
  • Bedsores, unattended medical needs, poor hygiene and unusual weight loss.
  • Behavior such as belittling, threats, and other uses of power and control by spouses are indicators of verbal or emotional abuse.
  • Strained or tense relationships, frequent arguments between the caregiver and elderly person.
  • If you notice changes in a senior’s personality or behavior, you should start to question what is going on.

It’s important to alert others if you have suspicions, and to retain an attorney. In an emergency, call 9-1-1. To report cases of elder abuse, whether it is on your own behalf or that of someone you know, please call Adult Protective Services as part of the Kern County Aging & Adult Services, or contact the Long-Term Care Ombudsman.

  • Adult Protective Services responds to reports from individuals, concerned citizens, social service and health providers, and law enforcement representatives about developmental disabled adults, physically and mentally disabled adults, and the elderly who may be physically or financially abused, neglected, or exploited. Upon receipt of a referral, APS sends a social worker to make a home visit or contact the elder or dependent adult.
    • 24-Hour Hotline: 800-277-7866 or 661-868-1006
  • Long-Term Care Ombudsman Program investigates elder abuse complaints in long-term care facilities and in residential care facilities for the elderly. The primary responsibility of the program is to investigate and endeavor to resolve complaints made by, or on behalf of, individual residents in these facilities, including nursing homes, residential care facilities for the elderly, and assisted living facilities. The goal of the program is to advocate for the rights of all residents in long term care.
    • Phone: 661-323-7884

 

HOW YOU CAN HELP

Know the symptoms of abuse: Bedsores, bruises, or chafing could indicate that your loved one is being restrained to a bed or wheelchair, or otherwise physically abused. If he or she has recently lost weight, malnutrition or dehydration could be at play, while poor hygiene is also an indicator of possible abuse. Watch, too, for changes in the person’s mood; if they seem depressed, anxious, agitated, or listless, see if you can discover why. In short, any changes to an elder’s behavior, disposition or physical condition could be cause for concern.

If you suspect something, say something: If you do detect signs of abuse, document them. Take pictures of bruises or injuries, get a statement from the victim or any witnesses, and keep a log of any suspicious behavior or circumstances. You can then address your concerns with the manager or director of the long-term care facility or home care provider; if they do not take action, contact the police or an elder abuse attorney.

Spread the word with social media: There really is no better way to get the word out and foster awareness than through social platforms. Share informational articles and use the hashtag #WEAAD.

———

If you or someone you know is injured in an accident at the fault of someone else, or injured on the job no matter whose fault it is, contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or fill out a free consultation form at chainlaw.com.

Nursing homes become ‘ground zero’ during COVID crisis in the United States and Kern County, Al Jazeera reports

December 9, 2020 | 5:00 am


More than 60,000 nursing home residents have died of COVID-19 in the United States. They account for roughly a quarter of all coronavirus fatalities in the country. So, what makes nursing homes so vulnerable to this pandemic?

A new report by media agency Al Jazeera English answers that question with the help of Chain | Cohn | Stiles attorney Matt Clark. In its “Fault Lines” series, Al Jazeera reports on how an elder care system already in crisis imploded under the weight of the coronavirus pandemic, which includes an interview with Clark, an elder abuse and neglect lawyer.

“When the coronavirus pandemic hit the United States, nursing homes became ground zero,” Al Jazeera reported. “By November, more than 60,000 nursing home residents had died of COVID-19, accounting for roughly a quarter of all fatalities nationwide. Yet the nursing home industry had already struggled with chronic problems before the pandemic. From allegations of systematic understaffing to toothless government oversight, ‘Fault Lines’ examines what made residents and workers so vulnerable. Fault Lines meets relatives who accuse nursing homes of neglect – and asks if some facilities put profit before patients.”

The investigation focuses on Bakersfield’s own Kingston Healthcare Center, which is listed by the federal government as a “special focus” facility, one that officials monitor due to serious concerns about the quality of care. The report also highlights the shady business practices and structures of nursing homes, and the impact on real local families with loves ones in these facilities, as well as employees who feel they are being put in danger.

You can watch the full segment here:

 

As Al Jazeera reports, patients and their families have filed 192 formal complaints against it, compared with the state average of 21.

In America, the vast majority of long-term care facilities are private enterprises that rely on state funding, creating incentives that put profits over people, Al Jazeera reports. Operators receive government money on a per-patient basis, with the government doling out more money for some patients than others. In the most egregious circumstances, officials have accused nursing homes of a practice known as “dumping,” ejecting one person and replacing them with more billable patients.

As COVID numbers continue to rise, nursing homes will likely once again become hotspots this winter. Another expert in the report called nursing homes during this period “this country’s killing fields.”

Earlier this year, local media reported on the COVID-19 outbreak affecting staff and residents at Kingston, and subsequent takeover by the California Department of Public Health.

Matthew Clark shared with 23ABC News that families with loved ones in the Kingston facility have reached out to the law firm about the quality of care since the COVID pandemic. He says over the last three years his firm has had around a half dozen cases against the facility.

“… Any case we’ve had against Kingston or any other elder care facility for that matter, it almost results from inadequate staffing. It’s an inadequate amount of staffing that leads to poor patient care. Poor patient care leads to poor patient outcomes. Poor patient outcomes especially in the elder care world often times leads to death,” Clark said in an interview with 23ABC.

Clark shared with viewers that the best way for people to review nursing home conduct and reports is my visiting Medicare.gov. Users can research any skilled nursing facility, and check ratings and staffing ratios.

———

If you or someone you know experiences elder abuse or neglect, please contact the attorneys at Chain | Cohn | Stiles by calling (661) 323-4000, or visit the law firm’s specialized website focused on elder abuse at bakersfieldelderabuse.com.

To report cases of abuse locally, whether it is on your own behalf or that of someone you know, please call Adult Protective Services or the Long-Term Care Ombudsman:

  • Adult Protective Services responds to reports from individuals, concerned citizens, social service and health providers, and law enforcement representatives about developmental disabled adults, physically and mentally disabled adults, and the elderly who may be physically or financially abused, neglected, or exploited. Upon receipt of a referral, APS sends a social worker to make a home visit or contact the elder or dependent adult.
    • 24-Hour Hotline: 800-277-7866 or 661-868-1006
  • Long-Term Care Ombudsman Program investigates elder abuse complaints in long-term care facilities and in residential care facilities for the elderly. The primary responsibility of the program is to investigate and endeavor to resolve complaints made by, or on behalf of, individual residents in these facilities, including nursing homes, residential care facilities for the elderly, and assisted living facilities. The goal of the program is to advocate for the rights of all residents in long term care.
    • Phone: 661-323-7884

———

MEDIA COVERAGE