Elder Abuse

Vangelisti Kocher LLP is committed to raising public awareness and preventing elder abuse. Elder abuse can take the form of physical, emotional, sexual or financial abuse.

Physical, Emotional or Sexual Abuse

Although comprehensive national data is not collected, it is estimated that between 1 and 2 million elderly Americans have been injured, exploited or otherwise mistreated by someone on whom they depended for care or protection. 

Though definitions of elder abuse vary, it is generally defined as the intentional or negligent act by any person that causes harm or a serious risk of harm to a vulnerable adult. Elder abuse may take the form of neglect, financial exploitation, abandonment or physical, emotional or sexual abuse. Elder abuse can be caused by a stranger, family member, caregiver or those persons working in a boarding home, residential care facility, assisted living facility or nursing home.

An alert friend or family member can detect danger signs of abuse by looking for: 

• Unexplained injuries such as bedsores, pressure sores, cuts, bruises, burns or fractures.

• Emotional changes, anxiety, depression or a sudden change in behavior.

• Malnutrition, dehydration or ongoing infections.

Families can take a number of steps to prevent elder abuse:

• Maintain frequent contact with elders to monitor for any signs of abuse.

• Ensure that any caregivers—whether family or  otherwise—are qualified to provide care.

• Visit with caregivers on a regular basis to ensure that they are providing proper care.

• If selecting a long-term care facility, collect as much data on the facility as possible.  Visit the facility several times, and obtain a copy of its most recent inspection survey.

• After narrowing a search for a facility to fewer than six, contact the Office of the Long-Term Care Ombudsman (in Oregon, 1-800-522-2602; in Washington, 1-800-562-6028) to obtain additional information on particular facilities.

If elder abuse is suspected, there are a number of immediate steps a family should take:

• Seek medical attention.  If an injury is a life-threatening emergency, call 911.  Otherwise, depending on the seriousness of the injury, the victim should be treated in a hospital or by the victim’s primary care physician.

• Report the suspected elder abuse to your state’s Ombudsman for Long-Term Care. In Oregon, the number is 1-800-522-2602.  This will ensure that the suspected abuse is reported to the appropriate law enforcement or adult protective services agency.

• Contact a qualified Oregon elder abuse lawyer for assistance.  Elders' safety depends on the accountability the civil justice system provides.  In appropriate cases, pursuing a civil claim serves dual purposes of accountability and obtaining appropriate compensation for the resident’s injuries.

Vangelisti Kocher LLP is a Partner in the Everyday Heroes Campaign.  This effort by the Governor’s Commission on Senior Services recognizes people who help stop elder abuse by reporting abuse, and raises awareness of the need to report and prevent elder abuse.

Abuse in Nursing Homes

About 1.7 million elderly and disabled people receive care in approximately 17,000 nursing homes across the United States, and these numbers will explode with the aging of the baby boomers. Unfortunately, nursing home neglect and abuse is also expected to increase at an alarming rate.

Government studies have revealed shocking facts:

• About one in every three nursing homes has been cited for abuse violations. More than 30 percent of the nursing homes in the United States—5,283 nursing homes—were cited for an abuse violation that had the potential to cause harm between January 1999 and January 2001. These nursing homes were cited for almost 9,000 abuse violations during this two-year period.

• In total, nearly 10 percent of the nursing homes in the United States—1,601 nursing homes—were cited for abuse violations that caused actual harm to residents or worse. More than 2,500 of the abuse violations in 1999 and 2000 were serious enough to cause actual harm to residents or to place residents in immediate jeopardy of death or serious injury.
  

• Many of these abuse violations are discovered only after the filing of a formal complaint. State inspectors can find evidence of abuse either during annual inspections or during an inspection after a formal complaint is filed. The data indicate that more than 40 percent of the abuse violations—over 3,800 in the 1999 to 2000 time period—were discovered only after the filing of a formal complaint. In over one-third of these cases, the violation was determined to have caused actual harm to the resident.
  

• Neglect at about 15 percent of the nation’s approximately 17,000 nursing homes has repeatedly caused actual harm to residents, such as worsening pressure sores or untreated weight loss, or has placed them at risk of death or serious injury.
  

Danger Signs of Neglect and Abuse in Nursing Homes:

An alert friend or family member can detect danger signs of neglect or abuse. Here is a list of possible signs of neglect and abuse:

Does the resident have any unexplained injuries such as bedsores, pressure sores, cuts, bruises, burns or fractures?

Has the resident experienced falls?

Is the resident experiencing emotional changes, anxiety or a sudden change in behavior?

Is the resident suffering from ongoing infections?

Is the resident’s medical condition being treated?

Does the resident appear to suffer from malnutrition or dehydration?

Are medications being properly administered?

Is the resident less active, unable to move or overly-medicated?

Is the resident dressed appropriately?

Has there ever been a delay between an incident and notification of the incident to the family or legal guardian?

Is the nursing staff defensive about the resident’s care?

Is the nursing staff attentive to the resident’s needs?

Is the nursing staff complaining about the resident?

Financial Abuse

Elder financial abuse is the illegal or improper taking of an elder’s money, property or assets.  Elder financial abuse broadly covers many areas of misappropriation:  consumer fraud; forging signatures; misusing or stealing money or possessions; or use of coercion, deception or “undue influence” to obtain an elder’s signature on any document (e.g., deed, will, contract, power of attorney, etc.).

Elders can be particularly at risk for financial abuse.  Elders who are dependent, isolated, lonely or suffer from disabilities are vulnerable to elder financial abuse. A lack of familiarity with financial matters also can make an elder susceptible to financial abuse.

Various individuals and businesses prey on elders for financial gain: telemarketers; family members who have substance abuse, gambling or financial problems; caregivers; or unethical businesspeople or professionals. Sadly, professionals who have been involved in fraud on elders—either directly, indirectly or as an unknowing participant—include investment advisers, bank tellers, bankers, lawyers or attorneys, insurance agents, and mortgage brokers.

Danger signs of elder financial abuse include:

• New “best friends,” whose role should be limited to that of a caregiver, service provider or professional.

• Irregular activity in the elder’s bank account, including payments for unnecessary expenses, large withdrawals or transfers, or banking activities by the elder who is accompanied by someone who should not normally take the elder to the bank.

• Mortgage foreclosure, eviction notices or unpaid bills.

• Abrupt changes in legal documents or signing legal documents that the elder did not understand such as a deed, will, signature card or power of attorney.

• Suspicious or forged signatures on documents.

Tips for elders to prevent financial abuse:

• Plan all legal and financial matters with a trusted person.

• Avoid isolation and keep regular contact with family and friends. 

• Consult with family or friends before making large purchases, including home repairs.

• Registered on the “do not call” list to prevent calls by telemarketers.

• Report any concerns about financial abuse to the police, who will act on the complaint or refer it to the state’s social services department for investigation.

Protecting Your Loved One:

If you suspect that your loved one is the victim of abuse or neglect, you should immediately submit a formal complaint of neglect or abuse to your state’s Ombudsman for Long-Term Care. In Oregon, the number is 1-800-522-2602.

Thereafter, you should contact a qualified Oregon elder abuse lawyer to assist you in preventing further abuse or neglect and obtaining appropriate compensation for the resident’s injuries. Vangelisti Kocher LLP provides a free consultation by an elder abuse lawyer in Oregon to those who have concerns about abuse or neglect.

If your loved one has been injured, it is important to have an Oregon lawyer evaluate any personal injury claim your loved one may have. The law provides strict deadlines for bringing personal injury, insurance and wrongful death claims. It is critical that you contact a lawyer if you think that you may have a claim. A Portland, Oregon-based lawyer at Vangelisti Kocher LLP can provide a free consultation to discuss your situation and legal rights.

If you have a potential neglect and abuse case in Washington, please visit out sister-site for Washington. 

RECENT FILINGS:

Nursing home negligence
Claim: Failure to provide dementia care
Defendant: Avamere Health Services, Inc., et al.
$556,000

Note: The filing amounts listed here and the results obtained depend upon the facts of each case.

ELDER ABUSE LAW LIBRARY:

Cases Against Nursing Homes

by Richard J. Vangelisti

This article outlines Oregon nursing home law and practical considerations.  It is based on our firm's presentation at the January 2007 Multnomah Bar Association CLE for attorneys on litigating elder physical abuse and neglect cases. 

A Senior Duty:  Why not mandatory reporting for elder abuse?

by Richard J. Vangelisti

Published in the February/March 2005 Oregon State Bar Bulletin

Oregon Statutes Relating to Mandatory Reporting of Elder Abuse

ORS 124.050-124.095

2005 Legislative Amendments to Elder Abuse Statute

Oregon Statutes Relating to Mandatory Reporting of Elder Abuse in Long-Term Care Facilities. ORS 441.630-441.695

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