Elder abuse is a social problem that still occurs very frequently. It’s an alarming issue that governments and citizens must act on. These repulsive acts constitute a violation of human rights. As we will see below, these acts can manifest themselves differently. Still, any type of nursing home abuse and neglect is unquestionably illegal and fully punishable in the eyes of the law.
Today, the exposure of these incidents has given rise to new regulations and measures that protect the integrity of the elderly. In fact, since 2006, the United Nations General Assembly has designated June 15 as World Elder Abuse Awareness Day (WEAAD). However, despite awareness, cases of elder neglect continue to occur.
If you are considering filing a claim for elder abuse, please do not hesitate to contact us. Our team of personal injury lawyers takes these incidents very seriously. We’ll work with you to make sure offenders pay for their crimes. On this page, we’ll explain everything you need to know about nursing home abuse and neglect in California.
What is Elder Abuse?
Essentially, it occurs when someone physically or mentally hurts, neglects, steals, threatens, or unlawfully deprives a person over the age of 65 of their liberty. According to the World Health Organization (WHO), it is “a single or repeated act that causes harm or distress to an older person, or the failure to take appropriate steps to prevent it, that occurs in a relationship based on trust.”
As California law mentions, elder abuse stems from any “type of conduct that causes physical harm, pain, or mental suffering.” This also includes taking the basic things or services that the elderly person needs away from them.
Due to the isolation experienced by many victims, cases of elder mistreatment, abuse, or neglect are difficult to detect. Despite the growing number of resources devoted to tracking down situations of elder mistreatment, ongoing internal investigations confirm the worst-case scenario. There are many more cases of nursing home abuse and neglect of the elderly than is generally believed.
Types of Elder Abuse & Neglect
One of the first steps to fully understanding elder abuse is to look at its different types. There are many ways older people are mistreated or taken advantage of.
According to the National Institute on Aging, any older person can be a victim of elder abuse, regardless of their race, religion, or environment. The latter is important, as it can occur in nursing homes, be committed by the caregiver responsible for assisting the victim at their home, or happen at another family member’s residence.
In total, there are seven types of elder abuse and neglect:
- Physical abuse
- Sexual abuse
- Neglect
- Emotional or psychological abuse
- Abandonment
- Isolation or abduction, and
- Financial abuse
In California, the law also includes self-neglect as another type of abuse. Self-neglect is the failure to live a life following social and cultural standards of self-care. It involves behaviors that undermine the person’s own well-being, whether due to physical or mental deterioration. This impacts the elderly person’s ability to obtain basic food, clothing, medical care, or manage their financial affairs.
Before discussing the types of abuse that exist, it’s important to understand that they can be classified as:
- Domestic abuse happens when the victim is abused by someone with whom they have a family relationship or by a private caregiver.
- Institutional abuse is any abuse that occurs in an assisted living facility, nursing home, or full-time residential care facility.
Physical Abuse
Physical abuse is one of the most common forms of elder abuse. It occurs when someone intentionally uses force on an elder for particular reasons.
Sexual Abuse or Harassment
This form of elder abuse constitutes any non-consensual, forced, or unwanted sexual contact toward an older person. It can also occur if the caregiver forces the elder to witness a sexual act.
Neglect
If the individual in charge of assisting the elderly person does not attend to their needs, we can speak of negligence and/or lack of care. These needs can be physical, emotional, or social.
Emotional or Psychological Abuse
Emotional abuse occurs when a family member, caregiver, or person responsible for an elderly person addresses them with vexatious words to humiliate or hurt them emotionally. It may involve shouting, threats, or belittling words that can be very harmful to mental health.
Abandonment
Abandonment happens when an elderly person needing assistance is voluntarily abandoned without the person in charge of their care looking for someone to replace them.
Isolation or Abduction
This occurs if an individual who has been assigned to care for an elderly person prevents them from performing certain activities or attending certain appointments.
Financial Abuse
This type does not usually result in physical personal injury, but does affect mental health. It involves individuals who make illegal use of an elderly person’s financial resources.
Penalties for the Types of Nursing Home Neglect & Abuse
California’s elder abuse laws have set various penalties for crimes against older adults.
| Offense | Potential Penalty(ies) |
| Murder |
|
| Sexual abuse |
|
| Elder abuse causing serious physical injuries or death |
|
| Elder abuse with minimal injury or no death occurred | The offender can serve a six-month sentence in county jail, pay a $1,000 fine, or both. |
| Financial abuse |
|
| Criminal threats |
|
| Long-term healthcare facility violations | Operators of assistive living facilities who breach California’s Safety & Health Code requirements or laws covering their establishments may serve 180 days in county jail, pay a $2,500 fine, or do both. |
| Failing to report nursing home abuse |
|
Identifying Elder Abuse Cases
Identifying and comprehending elder or nursing home abuse and neglect cases is the initial stage of a lengthy and sensitive legal process. As we will see in the following sections, understanding the statute and the law regarding the rights of the elderly is essential. For further insight, the details are in the Dependent Adult Civil Protection and Elder Abuse Act. Specifically, this law is found in the California Welfare and Institutions Code, section 15600.
Abuse of a person, although it may not seem like it, can be challenging to detect. In addition to the fact that there are many types and levels of abuse, perpetrators know that their victims are not likely to report them. Even so, there are certain recognizable characteristics of abuse and neglect.
The National Institute of Justice (NIJ) shared the keys to identifying this problem in 2012. The federal agency lists different aspects surrounding elder mistreatment as “potential markers”: the victim’s physical condition, previous negative testimony, facilities, recent personality, inconsistencies between events, and staff behavior.
Physical Condition and Quality of Care
- Documented but not properly healed or untreated injuries.
- Unreported and undocumented wounds and fractures.
- Numerous sores or ulcers without justification.
- Non-compliance with medical instructions.
- Poor general hygiene, lack of cleanliness of residents, poor oral care, and body odor. For example, unchanged incontinence diapers, untrimmed fingernails, or unwashed hair.
- Malnutrition or drastic weight loss without justification.
- Bruising in non-mobile residents or bruising in unusual places.
- Previous statements and claims from other families about poor care by the caregiver or facility.
Facilities Conditions
- The bedsheets are not changed.
- Bad smell or strong odors in common areas (from urine, feces, etc.).
- Unemptied garbage cans.
- Problems with food: stench in the cafeteria at all hours, food residue on trays, etc.
Staff Behavior
- The worker or a group of employees instigates or pursues the case manager too closely.
- A staff member is unaware of or disinterested in a resident or patient.
- Evasiveness, both unintentional and deliberate, verbal and nonverbal.
- The nursing home facility does not provide medical records.
Is Medical Malpractice Considered Elder Abuse?
Once we know what elder abuse and neglect mean, it is important to understand what medical malpractice is. This refers to situations or actions in which a doctor or medical professional has failed in their duty of care to the patient.
When any worker fails to comply with the professional practices of medicine and causes injury, they commit medical malpractice. This wrongdoing, however, can be active or passive. That is, they may have made a wrong decision that has led to a series of injuries to the victim, or they may have failed to act, which increased the victim’s pain.
Medical malpractice and elder abuse are not categorized under the law in the same way. A medical error involves negligence, which violates the duty of care. However, this action has unintentionally caused harm.
In contrast, elder abuse is an intentional action that causes physical or emotional injury. However, this offense isn’t punished in the same way in California. Its legislation holds elder mistreatment cases accountable as a felony or civil infraction. California has one of the strictest elder protection laws in the country.
Medical Malpractice & Elder Abuse & Neglect Overlap
Many medical malpractice cases are brought before the law as elder abuse. The answer lies in the legislation itself.
The Medical Injury Compensation Reform Act of 1975 determined that cases brought against a healthcare provider would be capped at $250,000. However, Governor Newsom changed the law by 2023 with a $350,000 limit. In this way, these legal claims escape MICRA and achieve a higher compensation amount. Furthermore, in most medical malpractice cases, punitive damages are not possible.
If you have questions about your case, do not hesitate to contact a personal injury professional. An experienced nursing home abuse attorney will know how to handle your case so that you obtain maximum damages.
What Financial Compensation Can Be Obtained in Case of Nursing Home Abuse & Neglect?
When pursuing a nursing home or caregiver personal injury claim, there’s no limit to compensation in California. Putting the case in a skilled nursing home abuse attorney’s hands helps maximize your options for a successful settlement.
However, to maximize financial recovery in these cases, one must first assess the situation and determine the available damages. When we say having damages available, we’re referring to whether the victim or plaintiff can properly allege and prove what is being claimed. In other words, the victim must show that the defendant acted with recklessness, oppression, fraud, or malice.
To bring a lawsuit, the California Welfare and Institutions Code section 15600 summarizes the following facts as elder neglect:
- Failure to assist with personal hygiene or the provision of food, clothing, or shelter;
- Failure to attend to physical and mental health care needs;
- Failure to protect against health and safety hazards;
- And failure to prevent malnutrition or dehydration.
Victims of elder abuse have the same rights as plaintiffs in a personal injury accident. As a complainant, whether a family member or the victim itself, the potentially recoverable damages are:
- Loss of both past and future income
- Disability from work
- Past and future medical expenses, including medical bills
- Inability to provide services in the home
- General damages, from physical pain suffered previously to psychological suffering and future emotional distress.
Once the situation has been assessed, it’s important to speak with a nursing home or caregiver abuse attorney. This way, you’ll know the exact type of compensation to recover.
Other Possible Claims Resulting From The Case
The plaintiff’s family, partner, or spouse also has the option to file a claim, especially if the victim has died as a result of the negligent accident.
Anyone who has personally witnessed the abuse can initiate a nursing home abuse lawsuit. When you’ve seen the abuse firsthand, it is normal to suffer emotional distress. Therefore, you can sue again for witnessing negligence that has caused emotional distress.
Elder Abuse Protection Laws
As we will see below, cases of elder neglect and abuse aren’t decreasing, and this trend may remain as such. The first attempt to take action against elder abuse was in 1965 through the Older Americans Act (OAA). This bill unified a group of laws that guaranteed certain services for nursing home residents.
The Nursing Home Reform Act in 1987 was a turning point for society at the time. It was passed after a study by the Institute of Medicine (IOM) revealed devastating data regarding the ongoing mistreatment of nursing home patients. At the time, nursing home abuse lawsuits were constantly brought to court.
Faced with the need for stricter laws to protect the rights of the elderly, the government passed a new nursing home abuse law in 2010. The Elder Justice Act was the first federal legislation that specifically addressed elder abuse, neglect, and exploitation.
California’s Nursing Home & Caregiver Abuse & Neglect Laws
With older adults being such a vulnerable population group, mainly because of the dependency they require, states started to create their own bills. They include California, which is one of the states with the largest number of elderly residents: about 6 million people are 65 years of age or older.
In 1982, the Golden State created legislation to preserve the elderly’s constitutional rights as much as possible. The California legislature enacted the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) to protect the elderly in the state’s nursing homes.
Later, in 1991, additional measures were taken to encourage victims to report. Under Penal Code 368, the nursing home and caregiver abuse and neglect statute covers a variety of offenses that may occur in different situations. This California nursing home abuse law is intended to detect acts of abuse and hold the perpetrator accountable. Within the state, the city of Los Angeles also has a specialized unit that focuses solely on investigating elder abuse.
Who’s Most Likely to Abuse The Elderly?
Anyone can be responsible for abusing or neglecting an older person. Typically, those who spend the most time with the person are most likely to abuse. Abusers can be both men and women.
Likewise, perpetrators can be:
- Family members;
- Nursing home staff;
- Private caregivers who attend the home;
- Friends, neighbors, property owners, or any individual in a position of authority and power;
- Or other residents with whom the victim lives.
Recent research shows that a high rate of these offenses is committed by a family member. Although we often publically see more lawsuits against nursing homes, family members are the culprits in 60% of elder abuse and neglect-related incidents. Children and spouses account for two-thirds of the cases.
On the other hand, nursing home staff members also have a strong presence in cases of mistreatment of this social group. Nursing home abuse statistics note that many nursing home workers commit some form of elder abuse and neglect against a nursing home resident. Without going any further, almost two-thirds of these employees confirmed having mistreated a patient in 2017.
Elder Abuse By Family Members or Caregivers vs. Nursing Home Staff
The differences between domestic abuse and institutional abuse lie in how each type of abuse is or was committed.
Data from the National Center on Elder Abuse (NCEA) shows that emotional abuse is the most common type of nursing home abuse. The agency even mentions which ones are most commonly employed: yelling at the elderly when they have done something wrong or do not remember information, mocking, threats to get them to listen to them, banning them from basic items such as showering or food, etc.
On the other hand, the family or caregivers who attend to or live with the elderly have a slightly different tendency to mistreat. In these cases, financial abuse takes precedence over the rest. Most of the time, family members or caregivers use physical violence or commit psychological abuse to gain financially.
Common Nursing Home Abuse & Neglect Injuries
When an elderly person is mistreated, emotionally or physically, there are certain patterns of injuries that are often present. Although there are many forms of physical injury in nursing homes or by caregivers, the most common are:
- Malnutrition or dehydration
- Urinary or renal infections
- Contusions
- Oval (finger-shaped) bruises or pinch marks
- Repeated bruising in the same area
- Soft tissue injuries: burns, cuts, or sores/ulcers
- Fractures (broken bones) or sprains
But what if the abuse was emotional? Indicators of these injuries are usually as follows:
- A defensive attitude
- Anxiety and constant irritation
- Depression or fear of talking about day-to-day life
Injuries from nursing homes and caregiver abuse and neglect can be physical or mental.
Signs of Elder Care Neglect
Besides physical and mental abuse, older adults may show the following signs of neglect.
- Inconsistent explanations of the how and why of injuries by caregivers – both in the home setting and in specialized facilities
- Inattention to medical appointments, arriving late, or missing appointments
- Frequent visits to the hospital and emergency rooms for various reasons
- Malnutrition or dehydration
- Injuries such as sores or ulcers not improving
- Contradictions between what the elder claims and what the caregiver/family member says
- Changes in the victim’s personality, specifically a passive attitude and a frightened look.
- Mood changes
- The caregiver does not want to leave the elder alone.
- If the area where the victim sleeps does not meet hygienic conditions: bad smell, dirty unwashed clothes, same sheets, etc.
- Incorrect doses of daily medications or forgetting to administer them
- Neglect due to understaffing of caregivers or frequent new workers
- Dirty or unprepared facilities for the care of the elderly
- Caregivers talking inappropriately to visitors
- Physical injuries in the same area
Other Signs of Abuse Against Nursing Home Residents
Other warning signs of elder abuse include:
- No medical aids given to the victim
- Sunken eyes or unexplained weight loss
- Avoiding questions about injuries or denying that they occurred
- Unexplained or unusual behavior shown by the victim
- Inadequate care or unpaid bills despite having sufficient finances
- Huge amounts of money taken from bank accounts or suspicious ATM transactions
Can a Family Member Report Elder Abuse?
Anyone can report elder abuse. The California Welfare and Institutions Code section 15630 states: “Any person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult.” This includes family members and other elderly persons whom the victim lives with, facility staff, nurses, or friends.
Can I Be Penalized For Reporting In Error?
No. When you report elder abuse in goodwill, with real indicators that may have confused authorities, you won’t be punished under the law.
Can I Be Prosecuted for Failure to Report Elder Abuse?
Yes. As mentioned earlier, you could be jailed for six months, fined $1,000, or do both if you fail to report a nursing home abuse case. However, if the victim of the case dies or suffers a serious injury, the law could impose up to one year in jail or a $5,000 penalty.
How to Prove Nursing Home or Caregiver Elder Abuse & Neglect In California
Once we’ve identified the signs of possible elder abuse, we must try to gather evidence to hold the perpetrator accountable. As one of the states with the best elder abuse protection laws, these crimes can lead to civil repercussions and criminal charges in California. However, gathering all the documentation and evidence to prove the case can be challenging.
As we have seen, nursing homes are not the only place where elder abuse and neglect occur. It can happen during a visit to a family member’s home, at home under the care of a daycare attendant, or in a medical facility. While the location of these nefarious occurrences remains in the background, the priority for a successful case is to have as much evidence as possible.
Before initiating a legal claim, we at Adamson Ahdoot LLP advise you to try to have the following evidence to have a solid case:
- Photograph physical injuries such as cuts, bruises, hematomas, or contusions.
- Take pictures of private and common areas that are poorly maintained and unhygienic.
- Attempt to gather the testimony of witnesses who were present during some situations of mistreatment, from workers such as a family member or patient of the nursing home.
- Gather all documentation confirming constant visits to emergency services or missed medical appointments.
- If there are security cameras, try to obtain a copy of the negligent actions of the perpetrator.
- Save the objects broken or damaged by the aggressor.
- Keep a personal diary or calendar in which the victim documents the abuse as it happened.
Financial Abuse is Easier to Prove
If you or your loved one are suing for financial abuse, the evidence may be easier to gather. In fact, elder financial abuse cases in California often require physical evidence to be successful.
Typically, the plaintiff needs the following four pieces of evidence to make a strong case:
- Prove that the victim was over the age of 65 when the abuse and mistreatment occurred.
- Demonstrate a relationship with the elder, whether a caregiver, relative, or friend.
- Show physical evidence of fraud or coercion by the defendant to gain access to the elder’s assets through bank receipts, text messages, testimonials from friends or neighbors present at the act, etc.
- Show evidence that the defendant took and withheld the property without the intention of returning it.
Discovering Nursing Home Abuse Cases
Any elder abuse and neglect attorney must follow a thorough and detailed investigation of the case. This depends on the amount of compensation for the client and the perpetrator’s potential punishment. Without an experienced nursing home abuse lawyer to represent you or your loved one, navigating the complexities of elder abuse cases can become very difficult. There are countless rules, regulations, and standards.
As a law firm specializing in personal injury, including elder abuse, we want to help. Our nursing home abuse attorneys highlight the key points for a successful case involving elder abuse. Among the most important findings are:
- Become familiar with state and federal regulations and the offending institution’s rules of the institution.
- To qualify for extensive compensatory and punitive damages, your nursing home attorney must provide as much evidence as possible. Plaintiffs’ legal representation must be supported by documents, information, and witnesses to prove unquestionable evidence.
- For example, one way to prove a nursing home’s recklessness, abuse, and negligence is to expose that the facility had terrible conditions that have also injured other patients.
What To Do If You Suspect Nursing Home Abuse or Neglect
Suspecting or becoming aware of any type of nursing home abuse or neglect can be shocking. It is normal to ask yourself hundreds of questions, “Who do I go to? How do I report? Can I sue?”
Fortunately, whether as a victim or family member, you can seek help in different ways in California. The state offers dozens of resources to defend against any type of elder abuse.
The law also stands with abuse victims. The elderly, through a specialized attorney, can fight for their rights through California law. The California Welfare and Institutions Code, including the Elder Abuse and Dependent Adult Abuse Civil Protection Act and the Endangered Adult Protective Placements and Custody Act, protects elder abuse victims.
Which Agencies Investigate Elder Abuse in California?
Despite being a deplorable crime, neglecting and mistreating the elderly is a frequent occurrence throughout the state. While prevention is better than cure, it’s sometimes impossible to preempt abuse.
California has many government agencies that investigate elder abuse and neglect. These entities dig into reports and statements to draw conclusions about nursing homes or attendant caregivers.
California’s primary investigating entity is the California Adult Protective Services (APS). Each county in the state has an APS agency to deal with these issues. APS agencies aid and assist seniors over 65 or dependent adults when they experience abuse, neglect, or mistreatment. In addition to nursing homes, these government agencies investigate cases in private homes, hotels, and hospitals.
Other agencies that can be contacted include:
- The Long-Term Care Ombudsman
- Department of Social Services
- The police
Possible Actions for Caregiver or Nursing Home Elder Abuse & Neglect
As friends, family members, or workers, we can take multiple steps to defend the affected person’s rights. Even the victim can raise their voice and report the case to the law.
In addition, people don’t have to witness and gather evidence of the incident to sue. It’s already important to suspect abuse or neglect.
Still, what do you do next?
Some of the standard procedures to follow after suspecting or witnessing elder abuse and neglect are:
- Call 911 for immediate medical assistance in an emergency or an elder protection agency to report abuse.
- Alert or notify others of your situation, such as doctors, family, or friends visiting you.
- If you can’t call 911, seek online assistance from the agencies listed above.
- Locate the Nursing Home Ombudsman for assistance.
- Create a safety plan to keep yourself safe.
How to Prevent Elder Abuse
Many factors make older people vulnerable, including their age, physical condition, and economic situation. Whether it be in a family setting, through a live-in caregiver, or in a nursing home, abuse, neglect, mistreatment, and neglect of the elderly is still persistent. However, there are actions to prevent these heinous acts.
Preventing Abuse & Neglect in Nursing Homes
When an elderly person is sent to a nursing home, we cannot guarantee their well-being. Since we’re far away from them, we can’t ensure they’re healthy and safe in their new home. Yet, we can take steps to prevent the quality of their lives from being affected by abuse and neglect.
Some steps to prevent elder abuse include:
- Always visiting older family members
- Learning the types of elder abuse and its signs to recognize it instantly if it occurs
- Constantly calling an older loved one
- Taking an in-depth look at the nursing home, covering its past and current condition
Additionally, a nursing home can help prevent elder abuse and neglect by:
- Creating policies and protocols for reporting elder abuse
- Encouraging visits from family members and volunteers
- Setting high standards for quality care
- Giving employees proper training about elder abuse and neglect
Preventing Abuse at Home
Elder abuse and neglect at home may stem from the caregiver’s stress or failure to earn the trust of their patient. Establishing a cordial and honest relationship with the caregiver is an effective way to prevent abuse, but you can also take these steps to ensure older adults avoid it.
- Ensure seniors are surrounded by other people. If older family members are part of the community and maintain friendships, they’re less likely to be isolated or lonely. Older adults who are well cared for are less likely to be taken advantage of.
- Value the work of their caregivers. Keeping an open mind and complimenting caregivers can increase trust and strengthen their bond with your family.
- Keep the elderly healthy. Older adults with more vulnerable physical health are prone to abuse. Likewise, as these individuals are more dependent, they cause more burnout in their caregivers, increasing the risk of abuse.
- Avoid hiring caregivers with a history of abuse or violence. Get physically, psychologically, and financially competent caregivers for your older loved one.
- Pay attention to your loved one’s bank account. The elderly person’s caregiver, friends, or anyone they know may try to take advantage of their financial situation. Likewise, it’s important to help the elderly avoid phone or Internet scams.
What’s the Statute of Limitations for Nursing Home & Caregiver Abuse and Neglect in California?
When reporting cases of elder abuse and neglect, the parameters of a personal injury claim must be followed. While it is best recommended to file a claim as soon as possible, California’s statute of limitations provides two years to initiate the lawsuit. This period begins, specifically, following the injury.
Elder abuse cases have a pattern of several injuries and negligence cases. Typically, it is not usually just one incident. Most commonly, the abuse continues over months or even years, and sometimes, these incidents can lead to a wrongful death. In such cases, the two years would start from the date of death. Wrongful death claims must be filed within this time limit for maximum compensation.
On the other hand, financial abuse has a different statute of limitations. The claim cycle is four years from when the claimant discovered the abuse.
Can a Nursing Home Abuse Attorney Help You With Your Case?
Yes, especially if you hire an experienced elder abuse attorney. As we have stated throughout this page, expert legal representation is critical. The myriad of laws and regulations regarding elder abuse and neglect can be exhausting. Therefore, finding knowledgeable nursing home abuse attorneys can make or break a case.
When the victim and their family hire an expert, they can focus more on their lives. It would benefit their mental health as it takes the stress out of the legal process. Elder abuse lawyers use their expertise and resources to create the best legal strategy.
Our attorneys will build your case and help you seek justice with determination, empathy, and tenacity.
Elder Abuse Statistics
Elder abuse is a real public and private health problem. It’s a subject that has seemed to capture our society’s full interest lately. In fact, numerous investigations, studies, and analyses have been carried out on the abuse and mistreatment of the elderly in recent years.
The results coincide in many respects: it’s a prevalent issue in both rich and poor countries and at all levels of society. Thanks to recent awareness, we can learn more specific information about elder abuse and neglect.
Every year, millions of elderly people in nursing homes and private homes are affected by abuse and neglect. In the United States, 52 million people are currently over 65 years old. Of these individuals, according to the Department of Justice (DOJ), one in ten seniors suffers abuse.
However, in 2022, the WHO stated that that figure was even worse than previous estimates: one in six people over 60 suffered some form of mistreatment.
In other words, there are up to five million victims every year. Of these, women are the group that suffers the most. According to the National Institutes of Health (NIH) and the NCEA, elderly women are more likely than men to be abused.
Of the total cases, it is estimated that only one in 24 cases of elder abuse and neglect is reported to authorities.
Many Elderly People Are Affected
The CDC reported that between 2002 and 2016, nearly 650,000 seniors were seen in emergency rooms for physical abuse, and more than 19,000 died from it. While women were the most affected group, the rate of verbal and physical assaults on men increased by as much as 75% during this time. For women, it was 35%.
When we talk about deaths, certain people are more likely to experience fatalities. If we look especially at race, the elderly who were most harmed were American Indian/Alaska Natives and Hispanic or Latino people.
When it comes to statistics on types of abuse, recent research has given us a more detailed insight into which are the most prevalent.
A WHO study shows that emotional abuse is the most common mistreatment of the elderly. The agency indicates that one in three (33.4%) nursing home residents has suffered some form of psychological abuse. Interestingly, one in three employees has admitted to abusing patients emotionally. However, this form of abuse is very difficult to detect: it does not leave physical marks, and the victims feel mentally self-conscious.
Physical abuse, since it is more visible, is not as frequent. When it does occur, this mistreatment can often contribute to death. In fact, according to an analysis by the Journal of the American Medical Association, older people who are physically abused are up to 300% more likely to die prematurely. In 60% of cases, the perpetrators are often their partners.
Sexual Abuse & Neglect Are the Least Reported Cases
Although the DOJ and WHO state that sexual abuse is the least denounced case, other reports point to neglect as the least denounced form of abuse. Either way, these are two types of maltreatment that are pervasive and under-punished.
Since 2000, about 16,000 complaints of sexual abuse in nursing homes have been processed. Between 2013 and 2016, more than 1,000 nursing homes were cited for some indication of sexual abuse. Of these, 100 had multiple citations during that time.
On the other hand, neglect cases are believed to be reported in one in 57 cases. In 2011, a study showed that 21% of nursing home residents were neglected at least once during a 12-month period.
Since 2000, about 16,000 complaints of sexual abuse in nursing homes have been processed. Between 2013 and 2016, more than 1,000 nursing homes were cited for some indication of sexual abuse. Of these, 100 had multiple citations during that time.
On the other hand, neglect cases are believed to be reported in one in 57 cases. In 2011, a study showed that 21% of nursing home residents were neglected at least once during a 12-month period.
Other Nursing Home Abuse & Neglect Data
The NCVC breaks down nursing home maltreatment complaints as follows: 29% physical abuse, 22% physical violence between residents, 21% psychological maltreatment, 14% severe neglect, 7% sexual abuse, and 7% financial abuse.
- Recently, in 2020, there were more than 15,000 complaints of nursing home abuse or neglect.
- In 2017, 64% of nursing home employees admitted to verbally or physically abusing a patient.
- In 2019, one in five ER visits by nursing home seniors was due to neglect or abuse.
- A 2012 study corroborated that 24% of seniors suffered physical abuse in the nursing home.
- Latinos comprise only 6% of the total population of nursing home residents. Nearly 80% of patients are white.
California Elder Abuse & Neglect Statistics
California is one of the states with the largest elderly population in the country. Almost 6 million older adults (65 years old and above) live in the state as of 2021, comprising nearly 15% of California’s total population. According to the Office of the Attorney General (OAG), predictions project that the number of registered seniors in 2010 will have doubled by 2030.
The OAG indicates that California has more than twice as many reports of elder abuse and neglect as the national average. The Golden State has 13% of claims, compared to 5% on average. In fact, 11% of all elder abuse cases nationwide occur in California. Specifically, over 200,000 complaints are filed each year.
An NCEA survey of nursing home patients in California showed that 28% suffered some type of abuse or neglect. Specifically, 26% suffered financial abuse, 25% suffered emotional abuse, and 21% received a personal injury from physical abuse. In Los Angeles County alone, it is estimated that 16,000 elderly people experienced abandonment, abuse, neglect, or negligence on the part of their caregivers. The most reported cases are those involving financial abuse, at 60%.
Out of all of California’s elderly residents, about 110,000 live in 1,300 nursing homes. In addition, it’s been reported that more than 150,000 seniors are spread across 7,500 residential care facilities for the elderly. About 150,000 Californians over 65 live in unlicensed assisted living facilities with a potentially excellent or unsatisfactory level of care shown toward them.
Urgent Solutions Needed
The problem of elder abuse and neglect needs to be fixed as soon as possible. This is because, according to statistics, the number of elderly people will increase progressively as the years go by. It is believed that by 2060, 95 million Americans will be 65 years old or older.
While in 2017, about 1.2 million people needed the professional care of a nursing home, the estimate for 2030 is nearly two million. If the incidence of elder abuse continues, what does the future hold for the elderly?
Adamson Ahdoot Has the Best Nursing Home Abuse Attorneys in California
Do you have a physically dependent friend who has been beaten by a caregiver at home? Is your grandparent being emotionally abused in the nursing home? If you or a loved one has been the victim of elder abuse or neglect, call us today.
Elder abuse is a very serious and important issue for us. As grandchildren, children, and future grandparents, we at Adamson Ahdoot LLP want to ensure a better present and future for seniors. Our team wants to fight against those responsible for these deplorable and heartbreaking acts. To do so, we’ll do everything to ensure the victims receive the compensation and justice they deserve.
Our nursing home abuse lawyers stand out as the best. Together, they bring more than 100 years of combined legal experience in personal injury cases. Diligent and determined, each member of our firm will fight to make the perpetrator pay for the crime.
Interested in finding out more about your case? Call us at (800) 310-1606 today. Our team of nursing home lawyers is here to help you with a free case evaluation, including bilingual attorneys to assist you in English and Spanish.
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