Archive for the ‘ Elder Abuse/Neglect’ Category

Nursing Home Oversight Programs Slashed by Budget Cuts

Tuesday, June 30th, 2009

According to a story found on Redding.com, a monitoring program responsible for overseeing the activities of hundreds of nursing home facilities in northern California is being forced to scale back operations after losing a sizable portion of its budget.

These budget cutting concessions may lead to more cases of nursing home neglect in California. The Long Term Care Ombudsman Program is one of the programs curtailed by the budget cuts. This program provides for walk-through tours of nursing homes and other elderly care facilities, and has helped investigate hundreds of cases of nursing home neglect and abuse. While the walk-through tours will continue, their number will be scaled back dramatically.

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Elder Abuse More than Just Physical Abuse

Thursday, June 18th, 2009

In a recent fraud case from northern California, the alleged perpetrator of fraud apparently targeted elderly women with a securities loan investment scheme that cost victims an estimated $20 million. A May 7, 2009, bargaining agreement resulted in a no contest plea for Thomas Hastert, who will serve five years of a potential 32-year sentence. Sources cited in the AppealDemocrat.com story suggest that a charge of elder abuse would have been appropriate.

Contrary to common belief, elderly abuse is not limited to physical abuse. Although physical violence committed against the elderly is the most visible sign of abuse, other types of mistreatment can be just as damaging to the mental and financial health of senior citizens.

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An End to Forced Nursing Home Arbitration?

Thursday, May 14th, 2009

In an open letter to the United States Senate, the National Citizens’ Coalition for Nursing Home Reform (NCCNHR) has unequivocally stated its support for the Fairness in Nursing Home Arbitration Act (S. 512/H.R. 1237). The proposed legislation pursues the abolition of forced arbitration language from nursing home contracts. These contracts, which are signed before an elderly person can receive care in a nursing home or assisted living facility, often contain legal language that forces the families of those harmed or killed by nursing home neglect and elderly abuse into preplanned arbitration.

Critics of forced arbitration claim that the practice short circuits the right to a jury trial. When someone signs a contract with this forced arbitration language buried in the contract terms, he or she is giving up substantial rights to litigate.

The right to sue in the event of negligent or harmful service is one of the powers that consumers have over service providers. When that power is taken away by forced arbitration clauses buried in contracts the consumer suffers, as the NCCNHR states in its open letter:

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Swindler Conned Vet Out of $19,000

Thursday, April 9th, 2009

The Orange County Register reports that police are still searching for a man who swindled an elderly Korean War veteran out of $19,000.

In October 2008, the victim-a 79-year-old Korean War veteran who suffers from dementia-was enticed into a van driven by a stranger. According to the OC register, the stranger drove the victim to a Bank of America and instructed him to withdraw money from his account for a birthday party. After receiving $5,000 from the victim, the stranger transported the victim to a second Bank of America location where the United States Army veteran was told to withdraw $14,000 in cash.

Police are seeking the unidentified culprit and if apprehended, fraud or extortion charges seem likely. Taking financial advantage of someone in this manner can also be grounds for an elder abuse lawsuit.

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