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  • What are warning signs of elder abuse?

    While an individual sign does not necessarily mean there is abuse, some things to look for are:

    • Bruises, pressure marks, broken bones, abrasions, or burns
    • Depression or unusual behavior patterns
    • Bedsores, poor hygiene, unattended medical needs, weight loss, malnutrition
    • Sudden change in financial situation
    • Depression or agitation with anyone, especially the caregiver
    • Unsanitary conditions
    • Failure to attend doctor’s appointments or check ups

    Abusers can be master manipulators. It is possible that the victim is either suffering in silence out of fear of retribution, or that the abuser has the victim believing they are actually helping them. The most important thing is to be alert to any potential signs.

  • Where can elder abuse happen?

    Elder abuse can occur anywhere by anyone. Typically, abusers are either family members or caregivers at long-term or assisted living facilities. While there are many skilled and compassionate nurses, the main objective of nursing homes or long-term care facilities is to generate a profit. This can be done by reducing staff or hiring less experienced or skilled staff to replace nurses.

    The hours are round the clock, intensive, and can be very tiring, especially for those who are untrained and in a reduced staff setting. This can lead to negligent care. In some instances, caregivers are purposely abusive and try to take advantage. Unfortunately, loved ones don’t possess the physical/mental strength to fight back or withstand such abuse and the consequences can be quite severe.

    It is important to stay alert in any situation where a loved one is in one of these facilities or has regular in home care.

Elder Abuse Attorneys

As the baby boomer generation grows older, elder abuse is an increasingly important public health problem. Many of our loved ones are entrusted to the care of hospitals, nursing homes, long-term care and assisted living facilities. We, as well as the individuals themselves, trust that these facilities will take the place and even go beyond the care that family and close friends can provide. Unfortunately, it is estimated that over 15% of people 60 years and older were subjected to some form of elder abuse in the last year.

Many times, it is possible for the individual to not even recognize that the abuse or neglect is occurring until a significant injury occurs. Hospitals, nursing homes, assisted living, and long-term care facilities are all governed by California law with strict standards in how each should treat their patients and residents. It is already difficult enough on the individual being cared for, let alone being taken advantage of by unethical homes and facilities and trying to determine whether to hire an elder abuse attorney.

What is Elder Abuse?

Elder abuse is a single or repeated act, or lack of appropriate action, that occurs within a trusted relationship that causes harm to a person older than 65. The type of abuse can vary from physical, psychological, abandonment, neglect, loss of dignity, to even financial.

It is important to be aware of signs that point to elder abuse if you or someone you know is in a care facility. These can include:

  • Frequent bruises or other injuries.
  • Weight loss, malnutrition, or dehydration.
  • Depression or agitation.
  • Unusual behavior patterns.
  • Lack of personal grooming or hygiene.
  • Unsanitary conditions.
  • Failure to attend doctor’s appointments or check ups.

If Injured, What Can You Recover?

By statute, any plaintiff that can prove elder abuse under the California Patients’ Bill of Rights or any other state or federal regulation that relates to elderly care, may be able to recover up to $500 per violation in statutory damages. While this amount may seem small, the damages are per violation and where there is one violation, there tend to be many more instances of elder abuse.

In egregious cases, where a plaintiff can prove that the facility acted in a way that they knew would cause harm, they can be liable for punitive damages. These types of damages require the plaintiff to show “recklessness, oppression, fraud, or malice” in the treatment of the elderly individual.

Additionally, it is possible that due to the nursing home or care facilities negligence, that the individual will require ongoing medical care and experience additional pain and suffering. An elder abuse plaintiff who is injured like this may pursue these damages as well as attorneys’ fees in bringing the claim for more call (916) 619-5452.

Let Hanecak Law Inc
Be Your Elder Abuse Attorney and Help You Today!

We understand that nursing home and long-term care facilities who endanger elderly individuals will lie, deny, and try to intimidate those who take action. If you or a loved one have been the victim of elder abuse in Sacramento or the surrounding counties, please don’t hesitate to give us a call immediately. Our case evaluations are FREE and we don’t get paid unless you do. So please call us today at (916) 619-5452 if you have any questions or would like to set up your FREE case evaluation today!

SACRAMENTO OFFICE
2399 American River Dr,
Suite 2, Sacramento, CA 95825
(916) 619-5452
djhanecak@hanecaklaw.com

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4445 Eastgate Mall,
Suite 200, San Diego, CA 92121
(858) 812-2096
info@hanecaklaw.com

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