How to Prove Elder Abuse in California

Elder abuse in California is more common than in most other states. There are an estimated 15,000 reports of elderly abuse in the state monthly. That’s almost 200,000 cases per year.

As the number of those needing care in the state increases, so will the difficulty in proving abuse. If you have concerns about the abuse of an elder you love, a California elder abuse lawyer at Hodes Milman may be able to help. 

You need a legal team with the resources to hold those who choose to cause harm accountable for their actions. You can schedule a free case consultation online or call us at (949) 640-8222.

Statistics on Elderly Abuse in California 

State studies estimate California’s elderly population will double by 2025, reaching 6.5 million people needing care. The elderly, along with dependent adults and children, are among some of our most vulnerable populations. That’s why it’s the responsibility of mandated reports, families, and a skilled legal team to protect these individuals from caregivers that could harm them as they age.

In California, more than 400,000 people live in some kind of out-of-home placement. These are nursing homes, licensed residential care facilities, or unlicensed homes. Reports show up to 13% of these residents will experience abuse, neglect, or exploitation at the hands of their caregiver. 

Elder abuse is severely underreported. For every case known, an additional 24 cases remain unreported. For some forms of abuse, such as financial abuse, only one in 44 cases is known.

The state estimates that numerous factors compound elder abuse. Overworked caregivers, caregivers who receive poor training, and caregivers who are underpaid for their services are all more likely to cause abuse than others. We can help prevent elder abuse by understanding what qualifies as abuse in California.

What Is Considered Elderly Abuse in California?

Financial Abuse

Financial abuse of the elderly population is one of the most common forms of abuse. According to California courts, financial crimes comprise over 33% of all elder abuse.

Our laws define financial abuse as: 

• Theft
• Misuse of funds or property 
• Extortion
• Duress
• Fraud
  

Financial abuse typically takes place when a care provider overcharges a resident for services that their contract should cover or coerces them into buying or giving a gift.

Indicators of financial abuse could include missing belongings. You may also see more subtle indicators when you review financial accounts. You may notice changes to account information or documents, unrecognized activity, or even bills that have gone unpaid.

Learn how to prove elder abuse in California with our experienced law firm. We provide free legal counsel for mandated reporters and families seeking to help elderly adults escape neglect. Reach out online or by phone at (949) 640-8222.

Emotional Abuse

Emotional abuse often overlaps with verbal abuse. This can include name-calling, put-downs, or threats. Emotional and verbal abuse is more common in individuals with higher support needs due to increased strain on caregivers. An emotional abuse victim may exhibit symptoms such as an aversion to a particular person, depression, and anxiety.

Physical Abuse

Many associate physical abuse with causing someone harm. This can include hitting, kicking, scratching, or even inappropriate physical or chemical restraints. Other warning signs of physical abuse include:

• Scratches, bruises, and cuts
• Burns
• Broken bones
• Dislocated joints
• Distress regarding a specific person or place

Sexual Abuse

In the context of a care facility, any sexual interaction between a staff member or volunteer and a patient is considered sexual abuse. Penetrative assaults, molestation, and exposure to sexually explicit acts or materials can all fall under this category. In settings outside of a caregiver/patient dynamic, this includes any unwanted sexual contact. 

Some of the warning signs or indicators of sexual abuse can include complaints of pelvic pain or STIs. As a caregiver or loved one, you may also see bruises on the breasts, thighs, pelvis, or genitals. You should always take a senior’s complaints of abuse seriously.

Neglect

While abuse is the result of adverse action toward the elderly, neglect is the result of inaction. Neglect by caregivers may result in bed sores, malnutrition, poor hygiene, malpractice, or misdiagnosis. Our California medical misdiagnosis lawyers can discuss the details of your case and how to help your loved one best. 

Establishing Elder Abuse in California

The fundamental piece of winning a civil case is to establish negligence. To accomplish this, we focus on four key points:

• Duty of care: The caregiver has a legal duty to ensure the individual’s safety by providing a certain level of care.
• Breach: Perpetrating some form of abuse was a breach of the obligation to the elderly individual.
• Injury: The person was injured.
• Cause: The defendant’s actions resulted in the elderly person’s injury, which would not have happened otherwise.

The methods a Hodes Milman attorney may use to accomplish this can vary based on the strength of the case. If you are trying to navigate a situation with elder abuse, contact us today online or at (949) 640-8222 so we can help you get the support you need.

Our firm has over 30 years of experience supporting injury and abuse victims in California, and we are committed to providing your claim with the personalized attention it deserves.

Burden of Proof

When demonstrating elder abuse in a California case, there are differences in the burden of proof necessary for a civil or criminal proceeding.

In a criminal case, the proof must be beyond a reasonable doubt, meaning the jury must be almost certain. In a civil case, however, the standard is lower. It just needs to be more likely than not that the claim is true.

Our elder abuse attorney at Hodes Milman may pull supporting evidence from several places to meet this burden. Video evidence is often the most helpful in showing proof that abuse occurred and identifying the person who perpetrated it.

However, there are many other ways to present a convincing argument for negligence without proof from video evidence or confession.

Photographs of Injuries

Taking photos of injuries not only confirms their occurrence but also reveals a pattern of injury over time. Additionally, taking photos as the injuries heal may help demonstrate their severity.

Some characteristics we may look for in an elder abuse injury include scrapes or bruising to the body, neck, or face, broken bones, or other injuries that seem out of place or recurrent. 

Medical Records 

Medical records can be an excellent source of evidence to assert your claim of abuse. Like photographs, these records can show a pattern of injury that may indicate abuse. Additionally, physician notes can help rule out common scapegoats, such as balance issues or other physiological reasons a person may accidentally sustain injuries.

What Is the Penalty for Elder Abuse in California?

Penalties for California elder abuse will depend on the type of case. For example, a civil case will not result in criminal charges, and a criminal case will not compensate the victim beyond possible closure from justice.

Someone who abuses the elderly or dependent adults may face criminal charges under elder abuse laws, which could be misdemeanor or felony charges, depending on the details of the case and type of abuse. 

You may pursue a criminal and civil case regarding elderly abuse. Mandatory reporting laws ensure that authorities will receive notification regardless. The state may choose to pursue criminal charges on your behalf, relieving you of the burden of that decision.

Elderly Abuse in California Civil Court

Civil cases against elderly abuse provide monetary compensation in the form of damages. Some of the damages you may request in an elder abuse case can include:

• Medical bills
• Pain and suffering
• Attorney fees
• Punitive awards

Contact an Elder Abuse Attorney Today

Navigating a loved one’s injury can be difficult. Adding in the stress of ensuring they are in a safe and caring environment only makes an already challenging situation much more overwhelming. Thankfully, you don’t have to manage all of it alone. 

The personal injury attorneys at Hodes Milman will protect your right to compensation like we did for a client at a Santa Ana hospital. You can contact us for a free case consultation at (949) 640-8222 or schedule online. 

Proudly Representing California Residents