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 (888) 649-7166
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