You think you have seen it all as an employee in a nursing home; patients with all kinds of problems come in, and an exhausted staff relying on inadequate resources is expected to address the many needs of multiple elderly residents. There is no question that things could be better. But are you personally liable for the situation when things get really bad?
Case in Point
Squalor, emaciation, and dehydration: those were the words investigators and the Attorney General’s office used to describe the conditions of a care facility in Riverside, California. The facility, which was unlicensed, lacked the staff and equipment necessary to provide adequate care for the disabled residents. Workers there were criminally charged and will be going to prison.
It is Criminal—Literally
While nursing homes like this are often sued for damages to address the harm inflicted on their residents, many people don’t realize that criminal charges may be applicable, as well. In California, elder abuse can result in substantial fines and time behind bars.
| Offense | Fines | Incarceration |
| Failure to report | $1,000- $5,000 | 6 months – 1 year |
| Disregarding health codes | $2,500 | 180 days |
| Willfully threatening/causing fear | — | 1-3 years |
| Financial Abuse | $1,000-$10,000 | 1-4 years |
| Willful negligence | $1,000 | 6 months |
| Willful negligence likely to result in injury or death | $6,000 | 1-5 years |
| Sexual assault | — | 1-10 years |
| Murder | — | 25 years- life or
death penalty |
Signs of Elder Abuse
Elder neglect/abuse may be difficult to see right away, but the symptoms tend to reveal themselves with time. Some of the most common issues might include:
- Burns, bruises, scars, or other indications of physical abuse that suggest physical punishment or forceful restraint;
- Unclean or hazardous conditions;
- Dirty hair or clothes, poor dental hygiene, or other evidence of neglected personal care;
- The absence of necessary items such as hearing aids, glasses, or walkers;
- Depression, anxiety, and other distinct changes in affect;
- Bedsores, dirty diapers, and other indicators of derelict hygiene;
- Fear of being left alone or being approached by certain individuals;
- Perplexing changes to spending habits, banking patterns, or wills/trusts;
- Evidence that medications have been improperly administered;
- Rocking back and forth or otherwise displaying signs of trauma.
Defending You
It is easy to understand why the loved ones of an elder who has been abused or neglected would seek to pin the blame on somebody. But whether you are the director or an hourly employee who did the best you could, you deserve a vigorous defense. At Boertje & Associates, we always fight for the best possible outcomes for you. To discuss this, schedule a confidential consultation today in our San Diego office.