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Elder Abuse Reporting Laws – Where To Report – Nursing Home Abuse

Elder Abuse Reporting Laws – Where To Report – Nursing Home Abuse Abuse of the elderly in nursing homes and resident care facilities is a growing issues facing tens of thousands of senior citizens every year. Federal and state laws including mandatory reporting duties have been instituted in reaction to the growing issue of elder abuse. Failure of employees, staff, operators and owners of nursing homes to reports acts of elder abuse may be considered a violation of state and federal reporting laws. Below is a brief description and analysis of mandated elder abuse reporting laws and guidelines. If you suspect acts of physical and mental abuse, neglect, financial fraud, or isolation of the elderly in a nursing home or care facility contact our law offices toll free (855)385-2529.

How to Recognize the Presence of Elder Abuse- Identification of Abuse in Nursing Homes

It is important to recognize elder abuse so that you are able to report it to the proper authorities. Significant signs of elder abuse are as follows.
  • Physical manifestations: Including bruising, bed sores, repeated trauma and injury in the same part of the body, cuts, scratches, burn marks
  • Sexual Abuse: Vaginal bleeding, unexplained sexually transmitted diseases, bruising around the genital region.
  • Elderly Neglect, Deprivation and Isolation: Malnutrition resulting in unexplained weight loss, repeated bouts of dehydration, personal with dementia being left unsupervised, forced isolation. poorly maintained beddings, unsanitary conditions lack of basic hygiene.
For more information on the signs and symptoms of nursing home abuse see here.

Nursing Home Neglect & Elder Abuse

Legal Definition of Elder Abuse
Nursing Home Medical Malpractice Lawsuits
Can you sue a Nursing Home
Physical abuse by residents of nursing homes
Sue nursing home for elderly financial abuse
Sued for Abandonment of Elderly Resident
Elder Abuse Statistics
Nursing Home Class Action Lawsuit
Nursing Home Restraints Lawsuit
Nursing Home Falls Lawsuit
Spider Bites in Nursing Home
Nursing Home Isolation Lawsuit
Caregiver Neglect Attorney
Elder Abuse Reporting Laws

California and Federal Reporting Laws Pertaining to Elder Abuse in Nursing Homes

Upon identification and investigation of abuse nursing home operators and employees have a duty to reports such incidences to proper authorities. Under California Welfare and Institutions Code Section 15630-15632 certain individuals have a legal duty to report instances of elder abuse including
  • Any person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, whether or not he or she receives compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency, is a mandated reporter.
There are several agencies where cases of abuse can be reported too.
  • Report to Adult Protective Services (APS) – County APS investigates cases of elder abuse
  • Local law enforcement agencies
  • The Licensing and Certification Program of the California Department of Health Services
  • The Long-Term Care Ombudsman’s office of the California Department of Aging
  • The California Attorney General Bureau of Medi-Cal Fraud and Elder Abuse

COMMENTS (1)
Reply

I would like to file a complaint against. The Oaks of Mayview in Raleigh NC a five star Rehab facility for absolute neglect for my family member whose was admitted for rehab for a stroke and seizure. This complaint includes two separate incidents.
These concerns need to be addressed immediately because I believe my family member’s health is in immediate jeopardy.

While housed in the facility on December 12, 2013 the 80 plus aged patient under their care fell out of the wheel chair by no fault of their own in their room, and was on the floor for 15 minutes during a fire drill per Mayview’s account. The patient was not checked by the doctor of the facility until 5 hours later, even though according to the nurse the doctor was notified regarding the incident. The patient received a mobile scan at the facility which revealed a fractured hip. The patient was not taken to the hospital to be examined even though the medical staff is well aware that the patient is on a daily regiment of blood thinners and aspirin to prevent strokes or determined if a brain bleed occurred. In addition the patient has a bed sore that was not there previously.
After the first incident I requested a meeting with the administrator and doctor and was surprised by their hostile demeanor during the discussion.

On January 4, 2014, a second incident occurred eight days later. A voice mail message was left for me by the nurse indicating, “the patient was noted on the floor”.
I arrived for a normal visit not knowing this had occurred, and none of the nurses, nor the CNA staff members approached me about the incident. I find this behavior disturbing especially knowing a similar incident has occurred.

As of today neither the Administrator nor the doctor on duty that day has discussed this incident or even acknowledged the incident occurred with me.
The following day I called EMS to have the patient transformed to ER against the advice of the nursing supervisor to be checked for brain bleeds as well as other fractures due to multiple falls in less than 10 days.

I am applauded at the type of healthcare my love one is receiving. If this is what we get for paid healthcare, what can we expect from free care could it be any worse?
I have not been please with my experiences at this facility. Therefore I am seeking to have them relocated to another facility. However, this process has proven to very challenging. As of today I a have not found a place for my love one.

The attitude and behavior of management influences the other employees sending the message that this behavior is acceptable treatment for the patients.
Based on the concerns I have expressed I request you investigate this facility immediately.
For additionally information contact me at this number. Juanita 919-815-2496.

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