You never want it to happen, but hospital elder abuse in Orange County happens to many older adults who are receiving care in facilities. If someone you love has encountered elder abuse and you are trying to navigate elder abuse laws, Hunter Law, PC, has the skills and experience to build your case. We understand how important it is to help someone you love.
What Is Hospital Elder Abuse?
Hospital elder abuse involves any intentional act or failure to act by staff, visitors, or caregivers that causes harm, distress, or risk of harm to a patient aged 65 or older. It includes physical, emotional, sexual, or financial abuse, along with neglect. Examples include rough handling, neglect of hygiene, overmedicating, or theft. Older adults experiencing elder mistreatment have nearly twice the odds of being in hospital care.
Some of the most common signs of elder abuse in hospitals include:
- Falls and fractures
- Bedsores
- Dehydration
- Malnutrition
- Significant weight loss
- Infections
- Unexplained bruises or broken bones
- Medication errors
- Wandering or elopement
Other signs to watch for are emotional and behavioral changes. For example, uncharacteristic withdrawal, extreme silence, depression, and fearfulness can all be signs of abuse and neglect. Showing fear of specific staff through reflexive behaviors, such as flinching or cringing, or becoming agitated around certain caregivers, can also be signs that something is wrong.
Recent surveys found that 1 in 5 older adults reported suffering elder abuse during the COVID-19 pandemic. Additionally, only 1 in 24 instances of abuse are reported to authorities.
Reporting Elder Abuse – When Falls, Infections, and Neglect Become Legal Claims
If someone you love encounters hospital elder abuse in Orange County, you should immediately report the incident to:
- The facility administrator
- Adult Protective Services (APS)
- The California Department of Justice’s Division of Medi-Cal Fraud and Elder Abuse (DMFEA)
For immediate danger, call 911. Document all abuse with photos and notes on the times and involved parties. Reports can also be filed with the hospital abuse attorney in Orange County, the General’s office, or the local police.
You may also seek the assistance of an elder abuse attorney to press charges against the hospital where the abuse occurred. After making reports to APS, law enforcement, and the state licensing agency, secure medical records and evidence of neglect or abuse. In California, you typically have two years from the date of injury or discovery of neglect to file a claim against a hospital for elder abuse.
Elder Abuse Penalties in California
Elder abuse in California hospitals can lead to severe Orange County elder abuse penalties under California Penal Code Section 368, ranging from misdemeanor charges (up to one year in jail and fines) to felonies (two to four years in state prison or more if great bodily injury or death occurs). Hospitals can also lose licensing privileges.
Facility owners failing to report abuse can face fines of $200,000 to $300,000, while a civil claim can recover damages for pain, suffering, and medical expenses. Hospitals may also have to pay significant fines and restitution. Enhanced penalties can apply, depending on the severity of the injuries and the individual factors of each situation.
Hire a Hospital Elder Abuse Lawyer
When you need to hire a hospital elder abuse lawyer to navigate complex elder abuse laws and handle your case, you do not just want any elder abuse attorney. Instead, you should choose a reputable firm, such as Hunter Law, PC. With over 16 years of experience as a strong legal advocate for elder abuse clients, our firm has the resources to pursue a fair settlement.
In addition to the complicated laws and paperwork, we also understand that courts. Hospital elder abuse claims go through the local Orange County Superior Court of California. Even if you are unfamiliar with the court system, we can handle every step of the process, meeting all important deadlines and requirements. You never have to second-guess what to do next.
Going through the experience of hospital elder abuse can be devastating and emotional. The sooner you speak with a professional legal representative, the sooner you can begin solving the situation your loved one is facing. Fortunately, you do not have to do this alone. Our law firm can provide guidance and representation, even when the case gets difficult.
FAQs About Orange County, CA Hospital Elder Abuse
Who Is at the Highest Risk of Hospital Elder Abuse?
Hospital patients at the highest risk of elder abuse are typically over 80, are female, and suffer from cognitive impairments, such as dementia or Alzheimer’s, which hinder their ability to report abuse. Those with physical disabilities, with functional dependency, or who are socially isolated are also highly vulnerable. The risk is higher in institutional settings, such as hospitals.
What Evidence Do You Need for Elder Abuse?
To prove elder abuse, you need a combination of:
- Physical evidence (such as photos and medical records of injuries)
- Documented incidents (such as detailed logs, reports, and saved communications from emails/texts)
- Witness statements
- Financial records
- Professional testimony
All these can show a pattern of harm or neglect. This evidence demonstrates abusive actions, the harm suffered, and, sometimes, the abuser’s intent.
Who Investigates Elder Abuse in California?
Elder abuse in California is investigated by a combination of state agencies, local law enforcement, and specific units. Key investigators include:
- APS for general reports in the community
- The DMFEA for cases in facilities
- The Long-Term Care Ombudsman for nursing home complaints
Investigators look into:
- Physical abuse
- Sexual abuse
- Financial abuse
- Abandonment
- Isolation
- Neglect
- Self-neglect
When Should You Contact an Elder Abuse Attorney?
Contact an elder abuse attorney immediately if you suspect:
- Physical, emotional, or financial abuse
- Neglect or exploitation of a senior, including unexplained injuries, sudden isolation, or missing funds
Legal professionals can investigate the situation, seek a protective order, and initiate a claim against caregivers, family, or institutions, such as hospitals.
Schedule Your Initial Consultation Today
When someone you love is facing hospital elder abuse in Orange County, you need an elder abuse attorney to handle your case. Hunter Law, PC, has nearly two decades of dedicated experience in advocating for clients of elder abuse. If you have questions, we can answer them. Contact us to schedule your initial consultation today.
Hospital Elder Abuse Law in Orange County Resources:
