Physical Abuse & Neglect

Legal Definitions of Physical Abuse & Neglect

Abuse of an elder or a dependent adult means either of the following:

1. Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.
2. The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.

“Goods and services necessary to avoid physical harm or mental suffering” include, but are not limited to, all of the following:

1. The provision of medical care for physical and mental health needs.
2. Assistance in personal hygiene.
3. Adequate clothing.
4. Adequately heated and ventilated shelter.
5. Protection from health and safety hazards.
6. Protection from malnutrition, under those circumstances where the results include, but are not limited to, malnutrition and deprivation of necessities or physical punishment.
7. Transportation and assistance necessary to secure any of the needs set forth above.

Common Signs of Elder Abuse

Signs and symptoms of physical abuse include but are not limited to:

• bruises, black eyes, welts, lacerations, and rope marks
• bone fractures, broken bones, and skull fractures
• open wounds, cuts, punctures, untreated injuries in various stages of healing
• sprains, dislocations, and internal injuries/bleeding
• broken eyeglasses/frames, physical signs of being subjected to punishment, and signs of being restrained
• laboratory findings of medication overdose or under utilization of prescribed drugs
• an elder’s report of being hit, slapped, kicked, or mistreated
• an elder’s sudden change in behavior
• caregiver’s refusal to allow visitors to see an elder alone

Elder Neglect

“Neglect” means either of the following:

(1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.

(2) The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise.

(b) Neglect includes, but is not limited to, all of the following:

1. Failure to assist in personal hygiene, or in the provision of food, clothing, or shelter.
2. Failure to provide medical care for physical and mental health needs.
3. Failure to protect from health and safety hazards.
4. Failure to prevent malnutrition or dehydration.

Common Signs of Elder Neglect

Family members are often the first to recognize elder neglect or abuse. Signs and symptoms of neglect include but are not limited to:

• dehydration, malnutrition, untreated bed sores, and poor personal hygiene
• unattended or untreated health problems
• hazardous or unsafe living condition/arrangements (e.g., improper wiring, no heat, or no running water)
• unsanitary and unclean living conditions (e.g. dirt, fleas, lice on person, soiled bedding, fecal/urine smell, inadequate clothing)
• an elder’s report of being mistreated

If you or your loved one has been the victim of elder abuse, I can help you. I’m San Diego elder abuse attorney Ramon E. Lewis, and I specialize in helping victims of elder abuse, financial abuse, medical malpractice, personal injury and wrongful death over age 65, and their families, in cases throughout Southern California.

For Great Tips on how to Prevent Elder Abuse,
Please Visit Elder Protection Center