Nursing
Home Abuse, Elder Abuse and Dependent Adult Abuse and Neglect
on the Rise in California
Reports of abuse, neglect and
financial exploitation of the elderly number
in the hundreds of thousands annually in California.
Even so, it is estimated that only
1 in 5 cases are reported. Source:
www.safestate.org
On this Page:
Elderly people and dependent adults become
the victims of abuse and neglect when nursing homes or dependent
adult and assisted living facilities either intentionally injure
them or fail to protect them from dangers that result in injury.
According to the U.S. Department of Health and Human Services,
the primary types of elder abuse and neglect involve emotional,
physical, and verbal abuse and neglect, and financial abuse.
Most elder abuse and neglect occurs in
understaffed and overcrowded long-term care facilities. Frequently,
elderly residents require assistance dealing with complex medical
issues as well as daily personal needs. Unfortunately, caregivers
often are overworked, underpaid, and poorly trained — conditions
that create the opportunity for neglect and abuse to thrive.
Identifying Signs of Nursing Home or Elder
Abuse
Sometimes it is difficult to tell whether
your elderly loved one is simply aging, or has been a victim
of nursing home abuse and neglect. The following list describes
the most common types of elder neglect and abuse.
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Reporting Suspected Nursing Home Abuse
in California
If you identify any of these signs of
nursing home or elder and dependent adult abuse and neglect,
there are steps you can take to investigate your concerns. First
and foremost, take all needed action to remove your loved one
from any potentially dangerous situation. Then:
- Report your concerns to
the administration of the nursing home or dependent adult facility
where your loved one lives. Identify your specific observations,
as well as the complaints of your loved one or other residents
regarding potential nursing home abuse and demand that immediate
action be taken to correct the condition, including an investigation.
Your complaint should be in writing.
You should additionally request a personal
meeting with the facility administrator regarding
your concerns.
- If the facility does not respond
to your concerns, you should contact one of the following California
State departments to file a complaint:
 California
Department of Health Services (DHS)
California
Department of Aging (CDA), or
Department
of Social Services (DSS)
The contact information for
these facilities, as well as others, is listed
below in California Resources.
Your complaint may initiate a visit to the
facility by the state of California to investigate
the suspected nursing home, elder, or dependent adult
abuse or neglect. You should follow-up
with the investigator to see what investigation
and actions are underway to prevent nursing home and
elder abuse in the facility.
- You should additionally notify
the California Ombudsman of your concerns. The California
Ombudsman is a nursing home resident advocate that supports
the residents' right to the highest quality of life possible.
The Ombudsman is further responsible for investigating complaints
of nursing home abuse, as well as assisting in the
resolution of complaints made by California residents.
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Request a Free Case Evaluation
If you suspect nursing home abuse or
neglect, elder or dependent adult abuse, you may need
to take steps to enforce the legal rights of your loved one. Please
contact an elder abuse attorney at Kershaw, Cutter & Ratinoff
for a free consultation.
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California Resources
The following agencies are resources
to aid and assist you in ensuring that your loved ones are protected
from nursing home, dependent adult or assisted living facility
abuse and neglect in California:
The California Department of Health
Services administers investigations into complaints, as well
as licensing, and certification surveys on skilled nursing
facilities, acute care facilities, and transitional care centers. Annual
survey results of these facilities as well as results of investigations
are available for public viewing at the CDHS office within
the county where the facility is located. This is a good source
of information for the general public.
To determine the
district office nearest you, call (916) 445-4171. The
contact number for licensing and certification is (916)
552-8700.
The California Department
of Social Services provides a similar function to that
of CDHS, but for residential care facilities only. Results
of investigations, as well as annual survey results are
available at the CDSS office within the specific county
where the facility is located.
Use this hyperlink
to access a California directory or HOTLINES to report suspected
elder or dependent adult abuse. The chart is organized
by County.
The California Department of Aging is a part of the California
Health and Human Services Agency.It administers home and
community-based services throughout California, working primarily
with the Area Agencies on Aging who serve seniors, adults with
disabilities, and caregivers. You may contact the CDA at (800)
735-2929 or (916) 419-7500.
This agency provides public information
on nursing homes and residential care facilities. The primary
responsibility of the program is to investigate and attempt to
resolve complaints made by or on behalf of residence in long-term
care facilities, including nursing homes and assisted living
facilities. The
agency additionally provides ombudsman, or advocates assigned
to a resident at a facility, if necessary.
Central Program Office: (800)
231-4024 or (916) 323-6838
Provides free individual counseling regarding
Medicare, Medigap, Health Insurance, and Long Term Care Insurance. The
service is offered in every county.
Central Office: 800-434-0222.
The primary purpose
of this tool is to provide detailed information about the past
performance of every Medicare and Medicaid certified nursing
home in the country. Users can search for nursing homes by state,
by proximity to a city or zip code, or by name.
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Nationally recognized civil litigation attorneys
Injured plaintiffs, businesses, and
consumers throughout the nation rely on Kershaw,
Cutter & Ratinoff for excellent representation
in the areas of personal injury, class actions and cases
involving defective products and medical devices, insurance bad
faith, consumer fraud, nursing home and elder abuse, and medical
malpractice, to name a few.
If
you are looking for attorneys with a proven record of success,
please call us toll-free at 888-285-3333 for
a free case evaluation. To find out more about our excellent
team of lawyers, visit our attorney
profiles.
Copyright © 2007 Kershaw, Cutter & Ratinoff LLP.
All Rights Reserved.
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Bilking the Elderly, With a Corporate
Assist
The New York Times — May
20, 2007
Elderly victim in financial abuse
case dies
The Union Democrat, Sonora, CA — May
14, 2007
Elder
abuse cases rising, but funding to help hasn’t
San Jose Mercury News — May
1, 2007
Woman
Accused of Financial Elder Abuse; Complaints Include Not
Handing Over Cremated Remains
KABC-TV, Los Angeles — April
27, 2007
Better
protection for elderly, retirees sought
San Diego Union Tribune —
April 24, 2007
Oversight
of Nursing Homes Is Criticized
New York Times — April 22,
2007
Nursing
home review critical; Auditors say state overseers failed
to gauge problems well and respond quickly
Sacramento Bee — April
13, 2007
Elder and Dependent Adult
Abuse Statistics
From SafeState.org — A Project of the California
Attorney General's Crime and Violence Prevention Center
A
Citizen's Guide
to Preventing and Reporting Elder Abuse
A PDF handbook from SafeState.org
Definition & Symptoms of Elder Abuse and Dependent Adult Abuse
Psychology Today
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