California Nursing Home Abuse Lawyer Blog

The California State Attorney General, Kamala D. Harris, has plans to “aggressively” pursue and build more criminal cases against nursing homes as reported in The Sacramento Bee.

Much of the article is discussed within the backdrop of Don Esco’s story. Mr. Esco recently died at the age of 82. The article describes how he measured the passage of time over the last couple of years by exactly how much time had passed since his wife’s death in 2008. Johnnie Esco, Mr. Esco’s wife of 61 years, spent just 13 days at a care center in Placerville before dying. Mr. Esco was convinced that it was a criminal matter, the state concurred and four years, seven months and 24 days after Mrs. Esco’s death one of the nurses charged in connection with the death pleaded no contest to the charge of felony elder abuse. Mr. Esco did not live long enough to see this development in the case, but his “persistence has made its mark on California” states the article.

Investigating and proving instances of elder abuse presents multiple challenges which requires more than the expertise of a single investigator. Attorney General Harris is forming specialized teams to investigate and pursue situations that potentially merit criminal charges. The three teams, two in Southern California and one in Sacramento, will consist of an attorney, a nurse, and an auditor. Each team will also be supported by a “medical person with a specialty in geriatrics” according to Harris’ office.

Dealing with abusive behavior from an in-home caregiver is a nightmare scenario for the victims and their loved ones. In previous blog posts, we discussed issues surrounding the selection of at home caregivers, but sometimes nefarious individuals slip through the cracks. In certain situations, firing an in-home caregiver suspected of abusive behavior will stop the immediate threat of additional physical harm. The threat of civil and criminal penalties will keep some criminals from continuing the abusive behavior. However, you do have additional remedies if you feel the threat of continued abuse. In a number of incidents, elderly individuals reported that abusive in-home caregivers threatened them with more severe abuse if they called the police or reported the behavior to friends or family. Additional remedies or measures must be taken in these situations.

The obvious first step is to call 911. If you are in immediate danger from your caregiver, letting them know that you are on the phone with the police and that help is on the way will hopefully scare them off. The police officers have the authority to contact a judicial officer who has the legal authority to issue an immediate Emergency Protective Order. This order prohibits the abusive caregiver from coming near you or contacting you in any way. This is an emergency order so it only remains in effect for 7 calendar days or 5 court days. This order is designed as an emergency measure that stops the immediate problem until a more permanent solution is implemented. By going this route, you start a paper trail to catalog the reported instances of abuse.

The next step to take is a Temporary Restraining Order. This will extend the Emergency Protective Order already in place with the same restrictions on any contact between the abuser and victim. This is a more formal order requiring you to fill out and file certain forms with the courthouse. The judge then must sign the Temporary Restraining Order and the order must be delivered to the abuser for it to go into effect.

The University of California Irvine reports that it received a three-year $1 million grant from the United States Administration on Aging in order to help them combat elder abuse involving individuals with dementia. The Program in Geriatrics will use the funds to implement its “Take AIM Against Elder Abuse” program.

U.C. Irvine is one of five institutions receiving grants under the new federal initiative aimed at testing promising community-based elder abuse prevention practices. The $1 million grant will be dispersed over a three year period. Kathleen Sebelius, the U.S. Secretary of Health and Human Services announced the grant at a meeting of the Elder Justice Coordinating Council in Washington, D.C. on October 10. Dr. Laura Mosqueda, the chair of U.C. Irvine’s Department of Family Medicine and the director of the geriatrics program, also spoke at the council meeting. Dr. Mosqueda was quoted as saying, “The sad fact is that about one of every two people with dementia is abused or neglected. This grant allows us to develop and evaluate a new model to reduce the risk of elder abuse.” Dr. Mosqueda went on to describe the fact that if you look at the abuse statistics and then also look at the fact that one out of every two people over 85 is diagnosed with dementia, then you will see how large the impact of this program can be. The Administration on Aging estimates that by 2030 one in five Americans will be over the age of 65; therefore, the impact of this grant will be even more important down the road.

As of September 2011, U.C. Irvine’s Program in Geriatrics was ranked among the top 50 in the country by U.S. News and World Report. As a result, the U.S. Administration on Aging designated it as the National Center on Elder Abuse. This means that U.C. Irvine’s program is a “clearinghouse” for practical information supporting federal, state, and local efforts to prevent, identify, and respond to instances of elder abuse.