Articles Posted in Elder Abuse

A West Virginia jury awarded $90.5 million in damages to a family who alleged nursing home abuse and neglect back in 2010. The nursing home has taken the case to the West Virginia Supreme Court once already, according to an article in West Virginia’s State Journal. And this time, they’re arguing that the state’s Medical Professional Liability Act (MPLA) should require the court to apportion damages in their favor.

This case could have important implications for nursing home abuse damages in California. While the West Virginia Supreme Court’s ruling won’t bind California courts, it may set the tone for the ways in which damages are approached and apportioned in nursing home abuse cases.

Details of the Nursing Home Neglect

A recent study in JAMA Internal Medicine confirmed that abused and neglected elderly persons face much higher risks for hospitalization, and not necessarily for injuries suffered as a result of their mistreatment. According to Dr. Theresa Soriano, an associate professor of medicine in geriatrics and palliative care in the Icahn School of Medicine at Mount Sinai, “It is understandable how a vulnerable older person experiencing abuse may fail to prioritize the prevention or care of their health conditions.”

Hospitalization rates especially tend to increase when elderly persons rely upon an abusive family member as a caregiver. They can miss medical appointments, adhere poorly to required diets and medication schedules, and they can experience increased stress and anxiety. As a result, all of these things can contribute to “poor control of any medical conditions and increased hospitalizations,” according to an article in Health magazine.

Details of the Study

We often hear stories about elder abuse in nursing homes, but there are other places where seniors face threats of abuse. Perhaps we don’t like to think about older adults being abused by their caregivers, but according to a recent report in US News, nearly 10 percent of adults over the age of 60 experience some kind of abuse, and “it’s often perpetrated by a victim’s own offspring.”

In the past few years, certain nursing homes have been taking action to help these elder adults to find a safe place for shelter, medication, and care.

What Kinds of Abuse Occur in the Home?

The California State Attorney General, Kamala D. Harris, has plans to “aggressively” pursue and build more criminal cases against nursing homes as reported in The Sacramento Bee.

Much of the article is discussed within the backdrop of Don Esco’s story. Mr. Esco recently died at the age of 82. The article describes how he measured the passage of time over the last couple of years by exactly how much time had passed since his wife’s death in 2008. Johnnie Esco, Mr. Esco’s wife of 61 years, spent just 13 days at a care center in Placerville before dying. Mr. Esco was convinced that it was a criminal matter, the state concurred and four years, seven months and 24 days after Mrs. Esco’s death one of the nurses charged in connection with the death pleaded no contest to the charge of felony elder abuse. Mr. Esco did not live long enough to see this development in the case, but his “persistence has made its mark on California” states the article.

Investigating and proving instances of elder abuse presents multiple challenges which requires more than the expertise of a single investigator. Attorney General Harris is forming specialized teams to investigate and pursue situations that potentially merit criminal charges. The three teams, two in Southern California and one in Sacramento, will consist of an attorney, a nurse, and an auditor. Each team will also be supported by a “medical person with a specialty in geriatrics” according to Harris’ office.

Dealing with abusive behavior from an in-home caregiver is a nightmare scenario for the victims and their loved ones. In previous blog posts, we discussed issues surrounding the selection of at home caregivers, but sometimes nefarious individuals slip through the cracks. In certain situations, firing an in-home caregiver suspected of abusive behavior will stop the immediate threat of additional physical harm. The threat of civil and criminal penalties will keep some criminals from continuing the abusive behavior. However, you do have additional remedies if you feel the threat of continued abuse. In a number of incidents, elderly individuals reported that abusive in-home caregivers threatened them with more severe abuse if they called the police or reported the behavior to friends or family. Additional remedies or measures must be taken in these situations.

The obvious first step is to call 911. If you are in immediate danger from your caregiver, letting them know that you are on the phone with the police and that help is on the way will hopefully scare them off. The police officers have the authority to contact a judicial officer who has the legal authority to issue an immediate Emergency Protective Order. This order prohibits the abusive caregiver from coming near you or contacting you in any way. This is an emergency order so it only remains in effect for 7 calendar days or 5 court days. This order is designed as an emergency measure that stops the immediate problem until a more permanent solution is implemented. By going this route, you start a paper trail to catalog the reported instances of abuse.

The next step to take is a Temporary Restraining Order. This will extend the Emergency Protective Order already in place with the same restrictions on any contact between the abuser and victim. This is a more formal order requiring you to fill out and file certain forms with the courthouse. The judge then must sign the Temporary Restraining Order and the order must be delivered to the abuser for it to go into effect.