Elder Abuse

Elder abuse is a big problem–in fact, it is much more common than we might realize. In fact, only one in five cases is actually believed to be reported and more than two-thirds of elder abuse cases involve family members. If you suspect a case of elder abuse, please don’t hesitate to call an experienced San Diego elder abuse attorney at the Law Offices of Elliott N. Kanter. We’ll handle the case with respect, dignity, and a true desire to see that justice is served.

Protect your rights. Call the Law Offices of Elliott N. Kanter in San Diego County for a no-cost, no-obligation consultation.

SKILLED ATTORNEY DISCUSSES THE CALIFORNIA LAW ON ELDER ABUSE

Under California law, an “elder” is anyone over the age of 65.  There are many laws protecting our senior citizens from various kinds of abuse.  The California WELFARE AND INSTITUTIONS CODE SECTION 15610-15610.65 defines abuse of an elder: 

 “Abuse of an elder or a dependent adult” means either of the following:

(a) Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.

(b) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.“

If you believe your loved one is a victim of elder abuse, contact experienced attorney Elliott N. Kanter to schedule your free legal consultation. It is imperative that you know your rights and hold those accountable for their abusive behaviors.

WHAT ARE THE DIFFERENT TYPES OF ELDER ABUSE ACCORDING TO SAN DIEGO ATTORNEYS?

Elder abuse is the mistreatment of an elderly person. Because family members or close friends are often involved, elder abuse is often difficult to spot and prosecute. In fact, only one in five cases of elder abuse is actually believed to be reported. Elder abuse manifests in many forms:

• Financial Abuse. Seniors may trust a family member or friend to oversee their assets. In turn, this trusted individual may abuse that trust and mismanage money, property, or other assets. Signs of financial abuse may include:
  • Unusual bank activity, such as large, unexplained withdrawals, frequent transfers between accounts, or frequent ATM withdrawals.
  • Unpaid bills, eviction notices, or discontinued utility services.
  • Improbable explanations given about an elder adult’s finances by a relative or caregiver.
  • A change in spending patterns (often with a new “best friend” in the background).

• Physical Abuse. This can include bruises, lacerations, swelling, or other visual signs like limping. Signs of physical abuse may include:
  • Unexplained injuries.
  • Bruises, scratches, or other injuries.
  • Incorrect use of a physical restraint or medication.

• Emotional Abuse. This can include verbal assaults, threats, humiliation, or isolation. Even if it’s carried out by a family member or friends, social services or the police should be called. Signs of emotional abuse may include:
  • The elderly person withdraws physically and/or emotionally.
  • The elderly person is suddenly restricted on whom they can see.
  • The elderly person becomes confused or extremely forgetful.

• Neglect. If a senior is lacking basic needs—food, shelter, medical care, personal hygiene products, or necessary medicine—the caretaker may be accused of neglect. Signs of physical neglect may include:
  • Poor hygiene, dirty, or torn clothes.
  • Lack of appropriate shelter, heating, or air-conditioning.
  • Untreated medical conditions.
  • Malnourishment or dehydration.

If you spot any of these serious signs of abuse, contact an elder abuse lawyer as soon as possible. Victims deserve justice and our team of lawyers can help them fight for it.

KNOWLEDGEABLE LAWYERS DISCUSS THE LINK BETWEEN NURSING HOMES AND ELDER ABUSE IN SAN DIEGO

If your loved one is in an assisted living community or nursing home facilities in the state of California, he or she is entitled to an environment free from verbal, physical, sexual and financial abuse, but unfortunately that is not always provided. The nursing home staff may be poorly trained or unqualified to take care of your loved one, or the facility may be severely understaffed, leading to abuse and neglect. Residents may sometimes be embarrassed or humiliated, so they fail to tell their loved ones about the abuse. Sometimes, older loved ones do not want to seem like a burden, so they keep complaints to themselves. Or, your loved one may not be able to properly communicate the abuse they are suffering from at the nursing home. Unfortunately, this happens all too often in nursing homes across the country.

HOW CAN YOU PREVENT ELDER ABUSE? SAN DIEGO LAW FIRM SAYS LOOK FOR THESE SIGNS

Knowing the warning signs of elder abuse or neglect is the first step towards protecting the safety of your loved ones. Keep a close eye on family, friends, neighbors, and other people in your loved one’s life. If you have concerns, don’t hesitate to speak up. It’s better to catch the situation early than fear being wrong. If your loved one is in a nursing home or care facility, signs of abuse may include:

• Medication errors
• Unexplained injuries
• Caretaker cannot adequately explain condition
• Open wounds, cuts, bruises or welts
• Forcing an older person to stay in a room
• Bedsores or Pressure Ulcers
• Dehydration and malnutrition
• Falls and fractures
• Restraint Injuries
• Wandering and Leaving the Facility
• Wrongful Death

WHAT SHOULD YOU DO IF YOU SUSPECT ELDER ABUSE?

Everyone should be familiar with the process of reporting elder abuse. If you suspect that abuse of an elder has taken place you should immediately report it to your local Adult Protective Services agency. The elders’ financial assets, health, dignity and/or life may depend on your courage to act and report. Abuse can continue and often worsens if there is no intervention. In California, all APS agencies are mandated to provide a 24-hour, 7-day a week hotline to respond to all reports of suspected abuse.

If the abuse continues and you want to speak with an attorney, call our law firm today for legal advice. Our attorneys will help you decide if there is evidence for a lawsuit and work hard for your rights while maintaining your dignity. The Law Offices of Elliott N. Kanter have over 30 years of experience representing our clients’ best interests. Give us a call today for a no-cost, no-obligation consultation. You can also fill out the online form on this website to speak with one of our team members.

WHEN YOU NEED TO CALL TOP LAW FIRMS IN SAN DIEGO TO DISCUSS YOUR ELDER ABUSE CASE

If you have a concern about a loved one or family member, don’t hesitate in giving us a call. The Law Offices of Elliott N. Kanter have over 30 years of professional experience representing our clients’ best interests. Our personal injury practice areas include elder and nursing abuse, car accidents, slip and falls, and wrongful death, among others. We’ll do our best to rectify the situation. Contact us today by phone or by email at ekanter@enkanter.com for a no-cost, no-obligation consultation. Tell us your story during your case evaluation, and we’ll get started right away.