Elder Abuse

‘Death in Adult Homes’

‘Ex-nursing home workers get 2 years for photos, videos of helpless patients’

‘Adult care home residents abused, exploited, report alleges’

These are just a few of the headlines ripped from the news in the last year regarding a form of abuse which is fast becoming an epidemic and gaining national attention: Elder Abuse.

 

Some of the incidents involving the above mentioned headlines were elderly people that fell and ended up bleeding to death internally.   Others choked on food and suffocated.   Yet others languished for weeks with bedsores, which became infected and eventually killed them.

 

What is Elder Abuse?  It is the knowing, intentional, or negligent act by a caregiver or any other person that causes harm or risk of harm to a vulnerable adult.  The laws from state to state differ, but broadly defined, elder abuse may include: 

• Physical Abuse - Inflicting, or threatening to inflict, physical pain or injury on a vulnerable elder, or depriving them of a basic need, such as food, liquids, or medication.  This includes violence of any kind, but also inappropriate use of drugs and physical restraints, force-feeding, and physical punishment.
• Emotional Abuse - Mental pain, anguish, or distress on an elder person through verbal or nonverbal acts.  This includes insults, threads, intimidation, humiliation, and harassment.  Also, treating an elderly person like an infant, isolating them from their family, friends, socialization, or activities, and giving them the “silent treatment” are forms of emotional abuse.
• Sexual Abuse - Non-consensual sexual contact of any kind.  Sexual contact with a person incapable of giving consent is also sexual abuse.  Taking inappropriate photos or video is also a form of sexual abuse.
• Exploitation - Illegal taking, misuse, or concealment of funds, property, or assets of a vulnerable elder.  For instance, cashing checks without authorization, forcing signatures, stealing money or possessions, using deception to get them to sign documents, such as contracts or wills, and the improper use of conservatorship, guardianship, or power of attorney.
• Neglect - Refusal or failure by those responsible to provide food, shelter, personal hygiene, comfort, health care or protection for a vulnerable elder.
• Abandonment - The desertion of a vulnerable elder by anyone who has assumed the responsibility for care or custody of that person.
• Self-neglect - This is an inability to understand the consequences of one’s own actions or inaction, which leads to, or may lead to, harm or endangerment including, providing himself or herself with adequate food, water, clothing, shelter, personal hygiene, medication (when indicated), and safety precautions.

Tell tale signs an elder may be suffering abuse:

• Bruises, pressure marks, broken bones, abrasions, and burns
• Unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression
• Bruises around the breasts or genital area
• Sudden changes in financial situations
• Bedsores, unattended medical needs, poor hygiene, and unusual weight loss
• Behavior such as belittling, threats, and other uses of power and control by spouses
• Strained or tense relationships-frequent arguments between the caregiver and elderly person

     

What makes the elderly vulnerable to this kind of abuse?  Dementia and Alzheimer’s are two factors.  Also, if the elder is living with someone, such as a caregiver or friend, or if there is a history of domestic violence, this may make them more prone to abuse. They also may feel there is no one else to care for them, or they are unaware of their rights.

    

The most important thing to do is be alert of potential problems.  Many of the elderly that suffer abuse do it in silence. If you notice any of the above signs, you may want to question what is going on.  For more information on rights, caregivers or facilities, or to report abuse visit the Aging and Disability Services Administration.  Click here for an in depth nursing home checklist.


If someone you know has been a victim of elder abuse, don't hesitate to contact MBC.

Sources:
 
The News Tribune
The National Center on Elder Abuse

New Trend in Nursing Homes: The Rise of Younger Residents

There’s an interesting new trend in nursing home care.  The number of younger residents in nursing homes has increased in the last few years.  The number of nursing home residents under the age of 65 has jumped 22%.  This means about one in every seven residents is under 65 years of age, some even in their twenties and thirties.  

What’s causing this growing phenomenon in medical care?  The Washington Post reported that it’s due to 1) medical advances that help individuals survive traumatic illnesses and injuries, and 2) the closing of mental health facilities.  Many of these younger residents have suffered severe injuries. Others have neuromuscular diseases such as multiple sclerosis, or have suffered a stroke. 

This trend has proven a challenge for caregivers and residents, because while the younger residents may have some of the same physical demands as older residents, their social and psychological needs are much different.  

While many facilities try to separate the older from the younger generations, this isn’t always possible because of the still small number of younger residents.  This can cause tensions between the generations.  The older residents complain about loud music and young visitors.  On the other hand, the younger residents don’t want to room with someone with dementia, they don’t want to be forced to eat food specifically with the elderly in mind, and hate that the only social activity is bingo.  

Living in these facilities can also cause the younger residents to become depressed not only because of their disabilities or illnesses, but because they’re constantly surrounded by the elderly and dying, and quite simply, they’re lonely.

Some homes have already accommodated these younger guests by giving them their own wing, offering poker instead of bingo, pizza and pop instead of meatloaf and tea.  They even take them out on outings. If this trend continues, the nursing home industry will have to adapt in order to not only give the elderly comfortable quality care, but also the young who suffer from debilitating injuries and illnesses.

Sources: 

Nursing Home Abuse Blog

 

Time Healthland

McKnight's Long Term Health Care News

The insanity plea

 by John L. Messina

The recent tragedy in Tucson has focused the nation on the fragility of life and also on what damage can be wreaked by a demented mind.  And already there are calls to impose the death penalty on the killer.   The young man obviously committed the heinous crimes.  How can he be defended?  

Everyone is entitled to a defense.  In this case the strategy of the defense may be simply to avoid the death penalty.  Another strategy may be the assertion of what is commonly called the “insanity defense.”  That defense is a real one, but one that goes against our nature and belief that those who commit crimes must pay for them. 


The insanity defense is not new.  In the English-speaking world, evidence of
cases in which pardons were granted on the ground of “madness” exists from medieval England. In the United States, the insanity defense has always been an accepted part of criminal law doctrine. Today most states define insanity as a mental impairment that impedes a person's ability to understand the wrongfulness of his or her act. It focuses on the ability of the criminal to mentally appreciate what he or she was doing.  Some states also permit a defense when the disability impairs the person's ability to control the act, even though the person may realize he or she is doing something wrong.  The defense has been controversial  After all, it allows those who commit murder to escape  punishment.  However, those acquitted in this way are usually confined to a mental hospital for a long time under lock and key, just like a criminal.  The difference is, they get the medical assistance they need to deal with the mental illness that caused them to commit the crime in the firstplace.  Nonetheless, at some future time, if they can prove they are no longer mentally ill, they may be released.  They can never be tried for the crime as they have been acquitted. 

Another defense that can be made is that the criminal, while not “insane” at the time of the crime, is not presently able to participate in his or her defense at the time of trial.  If that is accepted, the trial is deferred.  If the prosecution can later show the person is capable of assisting in the defense, he or she can be tried and convicted, as there never was a finding of acquittal. The burden on proving insanity is on the person claiming it.  The prosecution does not have to prove sanity at the time of the crime.  Jurors are generally suspicious of the defense and, absent a strong showing of mental aberration, the defense simply fails.

In conclusion, the “insanity” defense while controversial is still necessary in a civilized society, to prevent the punishment or execution of those who truly could not possibly have known they were committing a terrible crime or could not have rationally controlled their behavior because of severe mental illness.  It is a defense that should be used sparingly and jurors should hold the person claiming it to strict proof.  The insanity defense will probably be used in Arizona.  We can only hope that justice will take the appropriate course, whatever that is.  In the meantime, we at MBC continue to mourn the loss of six lives and continue to hope and pray for the recovery of the surviving victims, including Representative Gabrielle Giffords.

MBC attorney speaks at Nation Business Institute seminar

MBC attorney, John R. Christensten, participated as a speaker at NBI's, Plaintiff's Personal Injury From Start to Finish, seminar.  He spoke on the topic, Statutes Which Affect Liability Evaluation, which covered the statute of limitations, auto accident statutes, and recreational and sovereign immunity.

He also participated in the presentation, Understanding the Law of Damages, in which he focused on such issues as: non-economic damages, pain, suffering, and inconvenience, disability, disfigurement, and loss of of enjoyment of life, and wrongful death claims and statutes, among others.

At the conclusion, John received an rating of 'excellent' from the seminar attendees.

Here's what they had to say:

"Knowledgeable speaker"

"Very solid; quite excellent; quality presentation"

"I have seen John speak before and he is a great presenter."

"I am a 25 year practitioner and I learned."

"Speaker's extensive experience allowed informative case examples for principles of law being discussed."

"Stated information clearly and easy to understand.  Made great connections between rules and actual cases."

Congratulations to John on a job well done.  Visit our Facebook fan page to find out about upcoming speaking engagements  by the attorneys at MBC.

Last week a ten- year- old boy shot and killed his mother after fighting about chores.  Also last week, locally, a four- year- old boy accidentally shot his mother in the side while his two- year- old sister sat nearby watching Elmo.  Sadly, these aren’t isolated incidents.   The biggest question is not why, it’s how.  How did these children gain access to these guns in the first place?  

Ironically, the ten year old’s mother had given the boy the .22 caliber rifle as a Christmas gift.  The four year old knew exactly where the 12-guage semi-automatic shotgun was kept, retrieved it from the closet, and loaded a shell into it that his father had let him handle earlier, yet forgot to put away.

The majority of fatal accidents involving firearms occur at home.  There are about 60 million handguns in the U.S. with an average of two to three million being sold each year.  Approximately 1.7 million children live in homes with guns which are loaded and unlocked, and every day eight children are fatally shot.

In homes that have handguns, it’s more likely that a gun will be used to shoot a family member or friend rather than in self defense.  These shootings typically take place when:

• A child finds a gun at home and is showing a friend when the trigger is pulled accidentally.

• A depressed teen or adult becomes suicidal.

• An argument between family members escalates out of control.

•  A friend or family member is mistaken for an intruder.

As mentioned above, it’s not just about accidents; it’s also violent crime and suicide.  Nearly 1,500 children a year commit suicide by gun.  An adolescent is twice as likely to take their own life if they have access to a firearm inside the home.  About 7,000 violent crimes are committed each year by children using guns from home.  The killers aren’t only teens, either.  Ten years ago, a six year old boy from Michigan took a gun to school and killed a fellow classmate.  Children as young as three years old may have the strength to pull the trigger of a gun.

This blog isn’t about your Second Amendment right, and the gun control debate isn’t likely to be resolved any time soon, however, gun owner or not, there are steps you can take to try to better ensure America’s children’s safety where guns are involved.

If you have children, start talking to them about gun safety at a young age.

• Tell them guns are off limits —make sure they know to never touch a gun at home, and if they go somewhere in which they encounter a gun, to leave the area immediately and inform an adult.

•  Explain the difference between television/video games and real life and how guns in real life can do real harm to someone.  Some of the TV and video game shootings don’t look real and this could confuse a child.

• Teach them how to deal with disputes in a rational manner, rather than using violence. 

You should find out if your child’s friends have guns in their home and ask how they are stored.  Then you’re informed and it’s up to your discretion whether or not you let your child play there.

If you own a gun:

• Keep guns stored safely.  Even if you’ve talked to your child about gun safety, sometimes their curiosity will still get the better of them.  Store your ammunition and firearms in separate, locked locations, and hide the key.  Don’t tell your children where the guns are kept.  Also, storing firearms in a glass case is not the best option as the glass can be broken and the guns removed.

• Use a gun lock so that the trigger cannot be pulled without a key.

• When handling or cleaning a gun, never leave it unattended.

• Be a role model.  Don’t use your gun in a way you wouldn’t want your child to imitate.  Perhaps even become active in your community or your child’s school by helping promote gun safety.

Many gun owners feel they don’t have to lock up their weapons if they don’t have children.  Eventually, however, a child will more than likely visit, whether a relative or friend’s child.   Plus, hundreds of thousands of guns are stolen from homes every year.

So, keep in mind the shooting accidents and gun violence that take place every day.  If you own a gun, play it safe and keep it locked.  The life you may be saving could be your child’s or your own.

Your friends at MBC.

Sources:

FamilyEducation.com

The News Tribune

ABC News

University of Michigan Health Systems

American Academy of Pediatrics

USA Today

Popular Fidelity