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What Is Elder Abuse In A Nursing Home Or Care Facility Setting?

According to the CDC, elder abuse is “an intentional act or failure to act that causes or creates a risk of harm to an older adult.” California law explicitly defines elder abuse or the abuse of a dependent adult as any of the following actions:

• Financial abuse,
• Physical abuse,
• Psychological abuse,
• Sexual abuse,
• Neglect,
• Abandonment,
• Isolation,
• Abduction, or
• The deprivation of goods or services necessary to avoid physical harm or mental suffering.

In all these cases, nursing home abuse typically occurs at the hands of a caregiver or a person working for the nursing home that the elder trusts.

Nursing Home Neglect

Nursing home neglect is another form of abuse. It can include medical, physical, and psychological mistreatment. While many of the signs of neglect often occur alongside the signs of abuse listed above, additional concerns to look out for include:

• Dehydration,
• Recurring falls,
• Malnutrition,
• A caregiver’s failure to assist with personal hygiene,
• Unsanitary and unclean conditions,
• An elder’s unexplained weight loss,
• Poor access to medical providers,
• Lack of care for existing medical problems, and
• Failure to take measures to protect an elder from health and safety hazards.

Any abrupt physical, mental, or emotional change may also signal abuse or neglect. If you notice changes in a loved one, ask questions straightaway because your loved one may have difficulty communicating the maltreatment. If your loved one expresses any indication that they have been abused or neglected, call Silva Injury Law and speak with an experienced Monterey nursing home lawyer immediately.

What Are California’s Nursing Home Abuse Laws?

California Penal Code 368 is a criminal code that protects against the physical or emotional abuse, neglect, or financial exploitation of victims 65 years of age or older and dependent adults (18+). Numerous other California laws protect California’s older population from abuse by defining and criminalizing neglectful and abusive behavior.

California law allows victims of elder abuse to collect civil penalties. For instance, Civil Code 3345 addresses actions brought by, on behalf of, or for the benefit of senior citizens or persons with disabilities in cases where an abuser’s actions amount to unfair, deceptive acts or practices. Other civil penalties for elder abuse in California fall under the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). The Act designates which organizations—for example, adult protective services agencies, long-term care ombudspersons, and local law enforcement agencies—it charges with investigating reports of elder abuse. The EADACPA also outlines the parties responsible for taking necessary actions to protect older adults and remedy any problems.

Under the EADACPA, mandated reporters are required to report suspected incidents of elder abuse to appropriate authorities. Mandated reporters include:

• Eldercare guardians,
• Healthcare workers,
• The staff of public and private care facilities,
• Employees of adult protective service agencies,
• Law enforcement officers, and
• Clergy members.

Mandated reporters must report actual or suspected elder abuse to local law enforcement and ombudspersons within two days. For elder abuse involving serious bodily injuries, reporters must contact law enforcement and an ombudsperson within 24 hours. Reports may also be filled out online.

Failure to report elder abuse is a misdemeanor punishable by a $1,000 fine, up to six months in jail, or both. If unreported abuse results in death or severe disability, punishment can be as severe as a $5,000 fine, one year in jail, or both.

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