Every year millions of older Americans suffer assisted living abuse. These victims rely on caregivers to tend to their basic needs such as food, hygiene, and administering medicaments. When elderly residents are neglected and left to care for their needs, they become helpless and isolated. Some of them are too frail and may no longer have the mental capacity to handle these stressful situations. Whether physical, emotional, or financial, elder abuse is wrong. There are laws in California that protect elderly victims from maltreatment. If you believe a loved one has become the victim of elder abuse, reach out to a Westlake Village elder abuse attorney.
At The Kaufman Law Firm, we have a depth of experience in handling elder abuse claims. Sometimes nursing homes don’t provide residents with adequate care. Elderly residents rely on these facilities to meet their daily needs yet they end up experiencing neglect and isolation. Elder abuse can result in a variety of injuries and physical discomfort. Some common examples include: dehydration, malnutrition, failing to administer medication or provide medical supervision, hiring staff without proper training, and facilities failing to obtain the required licenses.
The Elder Abuse and Dependent Adult Civil Protection Act (known as “EADACPA” or the “Act”) is a legislation that protects elder abuse victims and allows them to recover compensation for all their losses and damages, including attorney’s fees as well as pain and suffering. There are also other damages such as punitive damages you may be able to recover with the help of an experienced Westlake Village elder abuse attorney.
Elderly individuals tend to become frail and experience mental difficulties over the years. The natural aging process generally makes them more vulnerable. Unfortunately, some caretakers take advantage of these weaknesses and abuse them. Some of the most common types of elder abuse include:
Emotional/psychological abuse – Some common indicators of emotional abuse include depression, denial, fear, helplessness, and isolation.
Physical abuse – Physical abuse can manifest through hitting, slapping, burns and marks, lacerations, cuts, or any other indicators of punishment and restraint.
Financial abuse – It’s common seeing unusual activity in the elderly person’s bank accounts, unpaid bills, items missing, and signature falsification.
Healthcare fraud – Fraudulent medical activity such as billing or suggesting unnecessary medical procedures, treatment, and medicine.
Elder abuse of any kind if abhorrent. Unfortunately, one aspect of physical abuse in nursing homes that many people shy away from discussing is sexual abuse. While it may be unthinkable that anyone would take advantage of a nursing home resident in this way, the reality is that this type of abuse does occur.
There are currently no comprehensive studies that have analyzed how often nursing home sexual abuse occurs. As with other types of elder abuse, it is likely that this sexual abuse is underreported. The most common types of elder sexual abuse that occurs in nursing homes include the following:
It is incredibly important that family members and caregivers be on the lookout for signs that their loved ones may be experiencing sexual abuse in a nursing home. These signs can include:
The Centers for Medicare and Medicaid Services (CMS) has launched a system that displays certain icons on their website that indicate whether a nursing home has had any recent incidents of abuse, neglect, or exploitation of residents. Now, when you are conducting a search of nursing homes in a specific geographic area, the CMS website will display an icon with a red circle surrounding a hand that indicates “stop” for any facilities that have had a questionable incident. The icon will appear for one year on the information page of a nursing home where a resident was the victim of neglect or abuse, including proven cases of sexual abuse.
When the coronavirus outbreak began in the US, the first major hotspot was a nursing home in Washington. Unfortunately, nursing home residents have been hard-hit by COVID-19, and many of the deaths have been of those residing in long-term care facilities. According to the Centers for Disease Control and Prevention (CDC), nursing home residents are, unfortunately, usually at higher risk of becoming seriously ill and dying due to the coronavirus. There is serious concern about the quality of care that nursing home residents are receiving for a number of reasons right now:
If you suspect that your loved one is being abused during this ongoing pandemic, please seek legal assistance as soon as possible.
Although there are laws in California that protect victims of elder abuse, it’s often difficult to prove your case unless you have an experienced Westlake Village elder abuse attorney by your side. At The Kaufman Law Firm, we pride ourselves on being zealous advocates for elder abuse victims in Westlake Village and nearby cities. It’s important these victims retain an attorney with the required experience in this field as these laws can be very complex to navigate. Our proficiency and insightful advice will get you where you need to be. We will make sure the individuals or entities responsible for the abuse are held accountable for their actions. Contact us today and schedule your initial case evaluation.
Your job is more than just a source of income. It is a major part of your lifestyle. If you have been the victim of wrongful termination, wrongful demotion or any kind of discriminatory business practices, it is time to take action and contact a Ventura employment law attorney that can help. Attorney Matthew A. Kaufman and the team at The Kaufman Law Firm bring experience and a vast arsenal of legal resources to help clients recover the money they deserve.
To learn more, contact our Westlake Village or Los Angeles law office today and schedule a free initial consultation to discuss your case.