According to the Office of the Attorney General’s website, the statistics regarding the number of elderly in California and the number of elderly who are abused and/or neglected is startlingly high. The United States Census Bureau predicts that California’s elderly population will nearly double (to 6.4 million) by the 2028. At this time, it is estimated that over 43% of all Americans over the age of 65 will live in a nursing home at some point in their lives.
Ten years the situation was not better. In 1998, statistics show that one in three nursing homes in the state of California was cited for serious care problems, some of the problems being life-threatening.
A year later, out of all the nursing homes in Los Angeles County (a total of 439), only one was cited as being in total compliance with federal standards of care.
Clearly, something must be done to help fight the injustice of substandard care against our elderly loved ones.
In 2000, statistics regarding nursing homes in the San Francisco Bay area indicate that only 18 of 288 nursing homes were in full (or substantial) compliance with federal standards of care.
California’s Response to Elder Abuse
In 1999, the California Attorney General, in response to these shocking statistics, doubled the size of the Department of Justice’s elder abuse protection program right after he took office. One of the very first actions he took after taking office was to direct the Bureau to use all its power to bring poorly-performing nursing facilities into compliance with both state and federal laws governing patient care.
At this time, the Bureau has three programs designed to fight elder abuse, and the Violent Crimes Unit investigates and prosecutes crimes against the elderly including but not limited to:
· Assault and battery
· Rape
· Fraud
· False imprisonment
California’s Facilities Enforcement Team investigates and prosecutes corporate entities for the following:
· Failure to provide medical care for physical and mental health needs
· Failure to attend to hygiene concerns
· Failure to provide adequate staffing
· Failure to prevent malnutrition and dehydration
· Falsification of patient charts
California is not the only state with nursing home abuse and neglect problems. All states have cited numerous nursing homes for providing substandard care.
Abuse and neglect of the elderly is rampant in this country, and something must be done. If your elderly loved one has been abused and neglected in a nursing facility, there is legal help available to you.
