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**** DISCLAIMER

Any Charges Reported on this blog are Merely Accusations and the Defendants are Presumed Innocent Unless and Until Proven Guilty, through the courts.

September 1, 2008

Elder Care and Elder Abuse: Case Against Care Group Settled (USA)

Farber Law Group settles claim against Extendicare for nursing home neglect in Western Washington

August 30, 2008
by The Farber Law Group
Herbert Farber, in association with Renton attorney Todd Gardner, recently settled a claim with Extendicare, the owner and operator of the North Auburn Rehabilitation Center. At Extendicare's request, the amount of the settlement is confidential. Herbert Farber is the founder of The Farber Law Group, a firm located in Bellevue, Washington that has more than 30 years experience in representing clients who have suffered nursing home neglect. The suit was on behalf of the estate of a 74 year old Alzheimer's patient who was admitted in to North Auburn Rehabilitation following hip surgery. When the patient was admitted she did not have any skin breaks or pressure sores, however due to neglectful care she quickly developed stage III and IV decubitus ulcers (pressure sores) on her coccyx (tail bone) and on both of her ankles. These are common areas for pressure sores to develop and are easily avoidable with proper care of the patient, which includes frequent turning and other preventative measures.As we reported on this blog site last week, another suit has been filed against another Extendicare facility, Aldercrest Rehabilitation Center in Edmonds, Washington. In that case, it is alleged that a 48 year old stroke patient who had a tracheotomy was left unattended by the nursing staff and suffered massive brain injury when the tube became clogged and she was deprived of oxygen.

Abridged
SOURCE: Washington Injury Attorney Blog
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August 30, 2008

Elder Abuse: Verdict Sparks Call For Change to Law (USA)

Plug elder abuse loophole
Prosecutor Tim Barker is right that the law should be changed.

Daily Record/Sunday News
: 08/29/2008

State Attorney General Tom Corbett talks about his Elder Abuse Unit in 2006. State officials should close looppoles in elderly abuse system.
(YORK DAILY RECORD/SUNDAY NEWS-JASON PLOTKIN)

In our system of justice, it's difficult to question the wisdom of the jury -- 12 ordinary people charged with sifting through sometimes confusing evidence to determine the facts and apply the law. It is one of the cornerstones of our democracy.

But in the case of William and Frances Donahue, acquitted of murder last week in the elder abuse death of William Donahue's 87-year-old mother, Bernadette Leiben, the jury's decision was a shock to prosecutor Tim Barker.

Mr. Barker thought the facts of the case clearly supported a murder conviction. Mrs. Leiben had died a slow death, and the evidence presented at the trial indicated that the Donahues' neglect led to her demise. Mr. Barker argued that the Donahues' intent was to kill Mrs. Leiben and that the level of neglect pointed to that conclusion.

The jury found otherwise, deciding that the neglect did not indicate the specific intent to kill needed to support a murder conviction.

At first, the jury's decision -- to convict only Mrs. Donahue of misdemeanor involuntary manslaughter -- distressed Mr. Barker. It seemed, to him, like a very light penalty for causing the death of another human being.

But then, the more he thought about it, the more he realized that the system had worked and that the jury did its job, applying the law to the facts of the case.

The problem wasn't with the jury.

It was with the law.


Mr. Barker's ruminating over the verdict led him to conclude that there's a gap in the law and that it should be closed.

The law protects children from neglect that results in death, but is nearly silent on similar cases involving the elderly.

The state Legislature, more than a decade ago, recognized that neglect of children that results in death is a more serious crime than a misdemeanor. Lawmakers amended the law to make such cases a second-degree felony carrying a 10-year maximum sentence. That charge would be in addition to murder or manslaughter charges neglectful adults could possibly face in such cases.

That no such protection exists for the elderly seems like a serious hole in the law. Current elder abuse laws address only neglect by caretakers paid to care for the elderly -- not family members.

Elderly people who are dependent upon others for their well-being deserve the same protection under the law as children, who are also dependent upon others for their well-being.

As a matter of justice, it seems like a no-brainer.

It would make a lot of sense for one of our state legislators to make this proposal, to get the Legislature to close this gap in the law. Provide prosecutors with the same tools they use to protect our children to protect vulnerable senior citizens.

It just makes too much sense not to happen.

Call your legislator and ask them to make sure it does.

SOURCE: York Daily Record
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Elder Rights advocates have been calling for the change in the law to better protect our seniors for a while. This latest development is encouraging, however, we need a lot more people in every profession and every level of government to recognize this fact.

Furthermore, every country in the world should also wake up to this issue. Scanning the media from many countries, one would be led to believe that "Elder Abuse" only occur in the USA, UK and Canada. Of course, this is NOT true! Just that, those governments prefer to bury their collective "heads" in the sand.

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August 28, 2008

Elder Abuse by Family Members and the State? (USA)

By Andrew C

Family members are often the abusers of the elderly and vulnerable. However, these cases are not well publicized or taken seriously.

There are many reasons:

  1. Difficulty in getting the victim to testifiy; (lack of capacity or just his/her reluctance to “upset” the family member/abuser.
  2. Shame. Victims are often reluctant to report abuse because the mere thought of the shame that such a report would generate.
  3. Reluctance on the part of authorities to investigate, as such cases are often treated as “family matters or family dynamics”.
  4. Reporters of such cases (probably, another family member or a concerned friend of the victim) are often treated with suspicion.
  5. Further “abuse” by the system that was supposed to be protecting the elderly.

Let me just elaborate on points 4 and 5.

Reporters of Elder Abuse


“What is your hidden agenda?”

Yes, believe it or not, this is often said about reporters of EA. This has been the experience of the webmaster of the Frank Punito Case . Some visitors to this site, have emailed me about their own experiences on this issue.

Imagine the emotional upset of such accusations, plus the stress of trying to get help for the victim(s).

It is no wonder, many prefer to look the other way, when it comes to elder abuse cases.

The Legal System

It is not too much to expect the legal system of a country to protect the rights of the vulnerable elderly who had been abused.

Who should pay for the legal costs of “untangling” elder abuses by family members.

The abusers?

Often, it is the victim who has to pay for legal services.

What kind of society are we in nowadays?

We worked hard and have accumulated assets, so that we can be financially independent and not be a “burden” to society.

Peace of mind in old age? Not likely, especially, if you have been abused and the case has to go to court.

Legal costs, guardian and lawyer’s fees would make sure that you would be a bankrupt before they leave you in “peace”; or, would it be “pieces”.

Here is a desperate plea for help: (Just received, via email)

In March 2007, two brothers and a sister took our mother to an attorney To have her medical Power of Attorney revoked. She was declared of "sound Of mind and disposing memory", they took over her bank account, took her car and began emptying her home of clothing and personal effects. I was not aware of any of this until I arrived to pick her up and take her to her doctor’s appointment. While at my home police officers came to take her away. After speaking to her the decided against it. We went to the doctor where she was unable to pay her $15 co-pay. That's when we found out about the bank accounts. The next day police came again with the same result.

For the next week my mother, my older brother and I stayed on the road, going to the court house to get records of what was filed and attempting to get mom an attorney and get her back in court to free her from an Emergency Guardianship that declared her incompetent. These documents were drawn Up 5 days after she was declared "sound of mind and disposing memory". We got the emergency overturned and got mom back into her house and spent the next 15 months in court fighting for her right to stay there.

Now, we can't seem to get anyone to Prosecute. We have all the Records the history of events the evidence of the money stolen and the property removed. Do you have any suggestions on what we can do to get this prosecuted? The three siblings used moms money to fund the argument against her during the 15 months. The judge decided mom should pay all remaining legal fees and court costs because the siblings had filed bankruptcy. This just seems to be the crime that keeps on giving. All she wants is to live in her own home. She has in home care and manages quite well. Isn't this a crime?
What's wrong with these people?

Any help, suggestions would be wonderful. I'm running out of ideas.

(Note: Apparently, APS was contacted, but little was achieved)

If you can help this person, please email me. I will pass on the information.-----------------------------------------------------------------------

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Elder Abuse Research: Irish Centre to be Operational in September (Ireland)

National elderly research centre to be operational in September
By Mary Anne Kenny

The HSE has announced that the National Research Centre for the Protection of Older People is expected to be operational by September.

The Centre, which is part of the Elder Abuse Programme, will be located within the Department of Nursing Studies in University College Dublin. Its establishment was one of the main recommendations of the 2002 Government policy document, Protecting Our Future: The Report of the Working Group on Elder Abuse.

The Elder Abuse National Implementation Group was established by the Department of Health and Children in 2003 to guide the implementation of the report’s recommendations. The Centre will collate information in the area of elder abuse from the areas of health, social welfare, justice, finance and legal authorities. The HSE said that funding of €4.75 million has been allocated to implement the Elder Abuse Programme in full.

SOURCE: Irish Medical Times
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August 27, 2008

Elder Care: Minister Defends Strict Stance (Australia)

The federal Minister for Ageing has defended the government’s ‘strict’ approach to compliance monitoring in aged care.

Justine Elliot was speaking on ABC Radio in Brisbane after media reports had revealed that five of the nine Commonwealth-funded nursing homes currently under sanctions, are in Queensland.

“It's good to have a whole series of unannounced and announced visits right across the board, across the 3000 nursing homes,” she said.

“There's a very detailed system in terms of continuous checking and accreditation and investigation that occurs in our nursing homes and it needs to be a whole approach that we take.”

The Minister told the ABC’s Madonna King that she was committed to ensuring there were adequate systems in place to ensure the safety of older Australians living in nursing homes.

“That's why I've increased police checks for some of the staff working in nursing homes, why I've also increased the powers of the Aged Care Standards and Accreditation Agency,” said Mrs Elliot.

Abridged
SOURCE: Australian Aging Agenda
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Elder Care: Findings on Brighton Aged Care Released (Australia)

Findings on Brighton Aged Care released

The Aged Care Standards and Accreditation Agency has reduced the accreditation period for the Brighton Aged Care facility by one month after revealing that the home was non-compliant with 17 of the 44 expected outcomes.

Issues with the Adelaide-based home were first raised on 1 August when the agency conducted a full review audit at the facility.

A fortnight later, the Department of Health and Ageing issued the facility with a Notice of Non-Compliance and a Notice of Required Action after departmental officers identified serious concerns with specific cases.

The home was subject to the initial review because it is operated by the Japara Group – the same company that runs the Kirralee facility in East Ballarat, which was found to be non-compliant with 33 expected outcomes last month.

The Japara Group took control of the Brighton facility in March, when the home’s former operator, Bresant Pty Ltd, had its approved provider status revoked.

A spokesperson for Japara told Australian Ageing Agenda that the home’s staff members are working hard to improve the quality of care.


The Minister for Ageing, Justine Elliot said in a statement that she would make no apologies for the tough measures taken.

“Older Australians in aged care deserve good care and any home failing will be dealt with,” she said.

“The welfare of the residents was the government’s primary concern and that is why the Aged Care Standards and Accreditation Agency and Department of Health and Ageing are monitoring the facility”.

The facility will need to re-apply for accreditation in November. It is expected that it will undergo an accreditation site visit in October.

Abridged
SOURCE: Australian Aging Agenda

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Elder Abuse and "Granny Law" (USA)

Man Arrested in Brooklyn Elevator Assault Will Likely Be First Defendant Affected
By Samuel Newhouse
Brooklyn Daily Eagle

BROOKLYN – Thanks to a new law, the suspect made infamous by security camera footage capturing his brutal elevator robbery that shocked Brooklynites will face stiffer penalties than he otherwise would have if he’d committed this crime just three months ago, says State Sen. Martin J. Golden (R-southern Brooklyn).

For those convicted of crimes against senior citizens, “Granny’s Law” will impose stricter sentences.

Abridged
SOURCE: Brooklyn Eagle
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Research Finds America's Elderly Suffering Abuse

Research Finds America's Elderly Suffering Abuse

A new study concludes that nearly 13 percent of America's aged citizens suffer some form of abuse. Specifically, nine percent of adults reported they have suffered from verbal mistreatment, 3.5 percent suffer financial mistreatment, and 0.2 percent suffer physical mistreatment. This data was reported in the latest issue of The Journal of Gerontology: Social Sciences (Volume 63B, Number 4).

The research was conducted by a team headed by Edward O. Laumann, PhD, at the University of Chicago. The findings were based on the National Social Life, Health and Aging Project, which conducted interviews with over 3,000 community-dwelling residents aged 57 to 85.

"The population of the country is aging, and people now live with chronic diseases longer. So it's important to understand, from a health perspective, how people are being treated as they age," Laumann said.

Older adults who are physically impaired are particularly susceptible to abuse. This demographic is 13 percent more likely to experience verbal mistreatment than those without similar handicaps — although there was no evidence to suggest they suffer greater financial mistreatment.

The Chicago researchers also found that females were nearly twice as likely to report verbal mistreatment, but no higher level of financial mistreatment, than men; Latinos were about half as likely as whites to report verbal mistreatment and 78 percent less likely to report financial mistreatment; and blacks were 77 percent more likely to report financial mistreatment than whites.

Most elders reported that the mistreatment was perpetrated by someone other than a member of their immediate family. Of those who reported verbal mistreatment, 26 percent identified their spouse or romantic partner as the person responsible; 15 percent said their child verbally mistreated them; and 57 percent said that the mistreating party was someone other than a spouse, parent, or child.

A total of 56 percent of those who reported financial mistreatment said that someone other than a member of their immediate family was responsible. Of family members, children were mentioned most often and spouses rarely. Ex-spouses, in-laws, and siblings were all identified by some respondents as those responsible for mistreatment.

SOURCE: The Gerontological Society of America
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August 26, 2008

Elderly Man Hit with a Hammer by Son (Ca. USA)

Man who struck father with hammer pleads no contest to abuse charge

By Michael Manekin
San Mateo County Times
08/25/2008

REDWOOD CITY — A Foster City man pleaded no contest Monday to a charge of elder abuse with great bodily injury for striking his 81-year-old father on the head with a hammer to qualify him for admission to a nursing home.

Jayantibhai "Johnny" Patel, 57, made the plea in exchange for the withdrawal of one count of felony assault and a promise from a San Mateo County Superior Court judge that he would face no more than five years in prison, according to San Mateo County Chief Deputy District Attorney Steve Wagstaffe.

Patel's father, Naranbhai Patel, reportedly told a paramedic that his son had said, "You die," moments before striking him on the head on Oct. 6, 2007, prosecutors said.

But interviews with Jayantibhai Patel, his father and witnesses led prosecutors to believe that the Jayantibhai Patel truly believed that he was helping his father gain entry into a nursing home. A medical professional had told Patel that in order for his father to be admitted into a rest home, he would have to be ill or injured.

Patel's father's wounds required about six staples to close, according to the district attorney's office. Still, the elder Patel offered the equity in his home to post the $500,000 bail his son needed to get out of jail, according to family members.

A sentencing hearing will be held Nov. 7. The defense plans to put Patel's father on the witness stand to defend his son. Other family members will also speak on behalf of Patel's character in an effort to reduce his punishment to probation, Wagstaffe said.

SOURCE: San Mateo County Times
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Elder Abuse: Chatsworth Woman Arrested (

Chatsworth woman arrested in elder abuse case

Her mother, 85, was found in bed covered in her own waste. She died 11 hours later.
By Victoria Kim
Los Angeles Times Staff Writer
August 25, 2008

A Chatsworth woman was arrested on suspicion of elder abuse after authorities found her 85-year-old mother, who later died, covered head to toe in her own waste, a Los Angeles police spokeswoman said Sunday.

Belinda Feldman, 54, was arrested at the home she shared with her mother. Elise Glatstein died 11 hours after authorities took her to a hospital.

Police went to the house in the 21900 block of Dupont Street on Saturday after receiving a call about Glatstein.

Officers found her in her bedroom in "very poor condition," Officer Karen Smith of the Los Angeles Police Department said. Glatstein appeared to have been left in her own urine and feces for an extended period, Smith said.

Smith said there were no signs of physical violence.


County coroner's officials said the cause of death had not been determined.

Feldman was released on $50,000 bail.

SOURCE: Los Angeles Times
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DISCLAIMER

Any Charges Reported on this blog are Merely Accusations and the Defendants are Presumed Innocent Unless and Until Proven Guilty.

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