California Penal Code 368-368.7 is meant to protect elders and “adults whose physical or mental disabilities or other limitations restrict their ability to carry out normal activities.”
Punishment for willfully harming an elder or dependent adult is severe. Those convicted of abuse may experience “imprisonment in a county jail not exceeding one year, or by a fine not to exceed six thousand dollars ($6,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years.”
Punishment may be more severe depending on the severity of the crime, such as severe bodily injury or death. Punishment may also vary depending on whether the accused is a caretaker or non-caretaker and depending on the type of abuse they committed.
Yet, code 368 is not always effective in holding abusers accountable because cases of neglect and abuse often go unreported.
“Negligent care of a dependent person is one of those areas at the intersection of law and healthcare that doesn’t get enough attention because of how often it’s swept under the rug — and how deeply uncomfortable it is.” —Aron Solomon, JD.
Because elders and dependent adults are not always able to advocate for themselves, loved ones and healthcare workers need to look out for signs of abuse and report it.
Why Is Code 368 Concerning? Elder Abuse Often Goes Unreported.
Although cases of elder abuse are not uncommon, they often go unreported.
Med Page Today, a medical publication, says that abuse and neglect against an elder or adult dependent is becoming more common.
The upward trend of abuse and neglect is because more and more people are caring for their elderly or dependent family members rather than using professional care. Many of these people do not receive the proper training. Plus, with a lack of supervision and accountability, abuse and neglect are more common.
That doesn’t mean that nursing homes or professional home healthcare services operate within the law. Unfortunately, some of these facilities that specialize in elder care are the very perpetrators of abuse. This also includes detoxification or rehabilitation centers.
While neglect and abuse of an elder or dependent is a severe offense, cases often go unreported, and the victims never receive justice.
How is your loved one being treated in their senior care facility?
Even when cases of abuse are reported, we don’t always see justice for the victim. There is a distinct power imbalance between the abuser and victim, and many courts are more inclined to believe the abuser. Counsels will often argue that because the victim has a mental handicap, such as dementia, elders and dependents can’t be believed and that their abuse can’t be proven.
Dismissing an abuse victim because they cannot communicate the same way as most people only allows the abuse to continue. Victims often internalize the abuse, and because they can’t communicate effectively, they might not be able to ask for help.
Stories Of Elder Abuse Are Horrific
Joseph Lordeon, 81, was beaten at the Redondo Beach Elks Lodge on May 5, 2024. The offender claims that Lordeon assaulted his wife and swore at him when confronted, but video footage shows the attack was unprovoked.
The video shows Lamont Dominic Steele, 52, punch Lordeon three times before picking him up from a couch and pushing him onto the floor. Steele then slapped Lordeon with an open palm before leaving the lodge.
Lordeon visited the Redondo Beach Elks Lodge at 4:30 pm on May 5, 2024, to visit with friends. A lodge member invited Lordeon into the lodge to enjoy a private party and some food. As he got his food, a woman told him he wasn’t supposed to be there, but he told her he’d been invited. After sitting down, Lordeon was attacked by Steele.
Lordeon was treated for rib injuries, soft tissue damage, and a large facial wound at the Harbor-UCLA Medical Center.
Steele was charged with felony assault and elder abuse charges.
Look Out For Signs Of Elder Abuse
Elder abuse isn’t all the same; it can be physical, emotional, sexual, financial, abandonment, or neglect.
If you’re worried your loved one is experiencing abuse, ask yourself some of these questions:
- Are they acting differently than usual?
Elders experiencing abuse often appear confused, depressed, or withdrawn. They may be upset, but often, they won’t want to talk to you about it. You may also notice unusual behavior like rocking, sucking, or biting. Look out for changes in their personality and sleeping or eating habits.
- Are you able to visit them? Abusers may isolate their victims from friends and family to hide their abuse.
- Does your loved one have unexplained or suspicious injuries?
Are you noticing unusual injuries on your loved one?
Abuse often appears in the form of bruises, burns, black eyes, welts, rope marks, lacerations, and scars. In more severe cases, your loved one may have unexplained fractures, sprains, dislocations, or internal bleeding.
- Is your loved one receiving adequate care?
Elders should not appear underfed, dehydrated, dirty, undermedicated, or have bed sores. Unsafe or unsanitary living conditions are also signs, and there may be little food at home. An elder’s health problems may be going untreated. They may even be abandoned at a public location, hospital, or nursing facility/nursing home.
- Is your loved one experiencing sexual abuse?
You may notice vaginal or anal bleeding or bruises around the breasts and genital areas. Blood may be common on sheets or clothing, and the elder may become withdrawn or fearful around certain people. They may also develop genital infections or venereal diseases inexplicably.
Fight For Those Unable to Fight For Themselves
Remember that elder and dependent abuse and neglect are more common than you realize because they largely go unreported. Watch out for those who are unable to defend themselves, and keep your eyes open for signs of neglect, abandonment, and physical, emotional, sexual, and financial abuse.
Elderly and dependent adults deserve the same care and respect as everyone else, and they shouldn’t be swept under the rug simply because they can’t speak up for themselves. If you see something, say something. You could be saving a life.
Elder/Nursing Home Abuse Attorney in Los Angeles
Did your loved one suffer abuse from a home health care provider or nursing home facility? We want to hear your case! Mental and physical abuse cannot be tolerated. If you suspect your mother, father, sister, brother, or spouse was harmfully treated, you may be able to file a lawsuit under California Penal Code 368-368.7. Please contact Elder Neglect Attorney, Cameron Sehat now. No one, regardless of age or medical condition, deserves unjust treatment especially in a facility that is meant to care for them.
