Physical Elder Abuse

What is Physical Elder Abuse?

Physical elder abuse in California refers to the intentional or negligent acts by a caregiver or other person that causes harm or serious injury to an elderly person. It can include acts of violence, such as hitting, slapping, kicking, or pushing, as well as acts of neglect, such as withholding food or medication or failing to provide adequate medical care.

California law defines an elderly person as anyone 65 years of age or older. Physical elder abuse can occur in a variety of settings, including in the person’s home, in nursing homes or other care facilities, or even in public places.

In California, physical elder abuse is a crime, and those who are found guilty of committing this offense can face severe legal consequences, including fines, imprisonment, and the loss of professional licenses. If you suspect that an elderly person you know is being physically abused, it is important to report it to the authorities immediately.

How do I spot physical abuse of an elder?

Physical elder abuse is a serious and unfortunately not uncommon problem in California.  There are several signs and symptoms that you can look out for to help identify if an elder is experiencing physical abuse. Here are some of the most common ones:

1. Unexplained injuries: If you notice any unexplained bruises, cuts, burns, or fractures on an elder’s body, it could be a sign of physical abuse. Be especially vigilant if you notice injuries that are consistent with physical restraints.
2. Behavioral changes: If an elder suddenly becomes withdrawn, fearful, or hesitant to talk, it could be a sign that they are experiencing physical abuse.
3. Changes in mood or personality: If an elder becomes irritable, agitated, or depressed, it could be a sign that they are experiencing physical abuse.
4. Poor hygiene or nutrition: If an elder is not receiving proper hygiene or nutrition, it could be a sign that they are being neglected or physically abused.
5. Medication changes: If an elder suddenly has changes in their medication regimen, it could be a sign that they are being over-medicated or under-medicated due to physical abuse.  Also, pay attention to the types of medications people are taking.  For example, if they were suddenly injected with Benzathine penicillin G, they may have contracted syphilis as a result of sexual abuse. 
6. Caregiver behavior: If a caregiver is aggressive, controlling, or isolating an elder from others, it could be a sign of physical abuse.

What can I do if I suspect elder abuse?

If you suspect physical elder abuse, it is important to take action immediately to protect the elderly person. Here are some steps you can take:

1. Call emergency services or the police if you believe the person is in immediate danger.
2. Report the abuse to the appropriate authorities, such as Adult Protective Services or the National Domestic Violence Hotline at 1-800-799-SAFE (7233).
3. If the abuse is happening in a care facility, contact the state licensing agency that oversees the facility, as they are responsible for investigating abuse allegations.
4. Document any evidence of abuse, such as photographs of bruises or injuries, and keep a written record of any incidents or suspicions.
5. Talk to the elderly person and offer your support. Encourage them to seek medical attention and counseling, and let them know they are not alone.
6. Talk to a lawyer. 

What remedies are available for victims of physical abuse?

In California, victims of elder abuse have several remedies available to them, including:

1. Criminal prosecution: If the perpetrator of the physical abuse is found to have violated California law, they may be prosecuted criminally. The District Attorney’s Office may bring charges against the abuser, and if convicted, they may face imprisonment, fines, or probation.
2. Restraining order: An elder abuse victim can obtain a restraining order against their abuser, which would prohibit the abuser from contacting or coming near the victim. Violation of a restraining order can result in criminal charges.
3. Adult Protective Services (APS): California’s APS program is responsible for investigating reports of elder abuse and neglect. The program can provide services such as counseling, case management, and referrals to legal services.
4. Reporting to law enforcement: Anyone who suspects or witnesses elder abuse can report it to law enforcement. In California, certain professionals, such as healthcare providers and social workers, are required by law to report suspected elder abuse.
5. Civil action: The victim of physical elder abuse can file a civil lawsuit against the abuser. The lawsuit may seek damages for medical expenses, pain and suffering, and other losses resulting from the abuse. Additionally, the victim may be able to seek punitive damages, which are designed to punish the abuser and deter future misconduct.

Hiring a lawyer to help you deal with Financial Abuse of an elder can give you peace of mind.

Wrapping up, Here are some key takeaways from what we discussed above:

• According to the National Center on Elder Abuse, one in ten older adults will experience some form of elder abuse, neglect, or financial exploitation in their lifetime.
• Physical elder abuse can range from bruises and broken bones to more serious injuries, such as head trauma or internal bleeding.
• If you suspect physical elder abuse, it is important to report it to the authorities immediately. You can report abuse to California Adult Protective Services (APS) at 1-833-401-0832 or the police.
• Victims of physical elder abuse may be entitled to compensation for their injuries, including medical expenses, pain and suffering, and lost wages.
• If you or someone you know has been the victim of physical elder abuse, you are not alone. There are resources available to help you get the support you need.

Speak with an Experienced Elder Abuse Attorney for a Confidential Consultation

It’s important for elder abuse victims to know that they have legal rights and protections under California law. They should seek the assistance of an experienced attorney who can help them navigate the legal process and seek justice for the harm they’ve suffered.  At Central Coast Estate Planning, we offer a completely confidential, completed free consultation to victims of elder abuse.  Elder abuse attorney John McCarthy is locally grown, but nationally known as a top-flight SuperLawyer, known for taking on tough cases and getting his clients the justice they deserve.  Why wait?  Schedule your FREE, confidential consultation today.