Sadly, elder citizens are especially vulnerable to abuse and neglect in medical care facilities. The case that our office is currently working on, Carl v. Rancho Specialty Hospital & Vista Health Care, is only one example of the horrific level of abuse that senior citizens may suffer at the hands of their caregivers. Furthermore, nursing facilities, which are meant to be safe havens for seniors, are rampant with varying degrees of deficiencies. In fact, 98% of California nursing facilities were found to have some type of deficiency in their operations.
Because the potential for elder abuse and neglect is very real, it is important to watch for signs of abuse from the onset of your senior relative’s stay at a medical care or nursing facility. While certain signs of physical abuse may be visible, other forms of abuse, such as verbal intimidation or forced isolation, may not be apparent. Do not allow your loved one to become a victim of elder abuse or neglect; please take note of the following signs of abuse, and do not hesitate to contact The Law Offices of James R. Gillen if you fear that a medical facility or caregiver has improperly treated your elderly relative or friend.
Physical Abuse
While physical abuse can be as severe as assault, battery, or rape, it can also occur in the form of forced restraint by either mechanical or chemical means. For example, a patient may be strapped to his or her bed (which occurred in William Carl’s case even though he only had the ability to move one arm at the time he was restrained) or drugs may be administered to induce lethargy. Never ignore visible signs of physical abuse, such as unusual bruising or bleeding; burns and abrasions; open wounds, sores, or cuts; poor hygiene, soiling, or the smell of urine or feces; loss of hair; and torn, stained, or bloody clothing or bedding. Health care staff may blame the condition on the elder patient’s deteriorating health or on a self-caused accident. However, if you suspect abuse, initiate an investigation by notifying management and contact an experienced elder law attorney.
Emotional Abuse & Neglect
Emotional abuse may involve insults, threats, humiliation, and attempts to frighten the elderly patient. For example, in William Carl’s case, emotional abuse ranged from a nurse mocking his lack of lower teeth to another threatening, “you are going to die.” Emotional abuse can also take the form of an omission, such as ignoring, disregarding, and/or isolating the patient against his or her will. Signs of emotional abuse are inherently less obvious than signs of physical abuse, so be especially watchful for listlessness or unresponsiveness; infantile or other strange behaviors; and physical or emotional withdrawal.
Neglect occurs when a health care provider fails to accommodate a patient’s basic needs by withholding food, water, and/or medication, as well as failure to change bedding or take care of hygiene needs. Like manifestations of emotional abuse, signs of neglect may be subtle and remain hidden for a long time; please see our article Circumstances Constituting Elder Neglect for more information about this form of abuse.
Seek Experienced, Compassionate Counsel
If you fear that your loved one is the victim of elder abuse or neglect, do not hesitate to contact The Law Offices of James R. Gillen for additional advice and assistance.
