Elder Abuse-Financial Exploitation and Fraud
Litigating Elder Financial Exploitation Cases: Defending Banks in a Tough Spot — The Consumer Finance Podcast
Legally Qualified: Protecting Against Elder Investment Fraud and Exploitation
How Should We Celebrate Elder Law Month?
Three employees of two separate New Jersey long-term care facilities were indicted this past month, highlighting grave concerns over resident safety and care standards in such facilities throughout the state....more
1. What are the signs of nursing home abuse or neglect in Delaware? Signs of nursing home abuse and neglect can vary, but common indicators include physical injuries like bruises, cuts, or bedsores; sudden weight loss;...more
Massachusetts Attorney General (AG) Andrea Joy Campbell announced the creation of a new Elder Justice Unit, which will use existing resources to protect and promote the safety and well-being of elders through enforcement...more
On July 1, 2022, Iowa’s first broad elder abuse criminal law went into effect after being passed by the Iowa House and Senate unanimously. The Act is entitled “Resident, Dependent Adult, and Older Individual Protection Act.”...more
Nursing homes, skilled nursing facilities, rehabilitation centers, assisted living facilities, and in-home elder care services are used by many families trying to provide care for their parents, grandparents, and other loved...more
The statistics about nursing home neglect or abuse are jarring: a national survey of nursing home staff reported that a total of 36% of nursing home residents say that they witnessed a minimum of one incident of physical...more
Long before Covid-19 ravaged nursing homes, the long-term care industry had an infection control problem. On March 4, 2020 in response to the coronavirus, the Centers for Medicare & Medicaid Services (CMS) announced that it...more
With complaints of nursing home abuses doubling between 2013 and 2017, the federal agency with oversight of these facilities must improve significantly its efforts to protect millions of vulnerable seniors, the U.S....more
When older Americans suffer major injury or illness, their loved ones may find themselves under the gun, making expensive and complex decisions about their care. They’re likely to be slammed, too, with stacks of paperwork...more
Effective September 29, 2018, medical professionals in Ohio, including physicians and nurses, are required to report suspected elder abuse, neglect or exploitation. Ohio Revised Code 5101.63, which creates a duty to report...more
Perfect Storm Jeopardizes Safety of Older Adults - The prevalence of elder abuse in both institutional and inhome care settings appears to be rising due to a perfect storm of circumstances. First, the number of Americans...more
Don’t Ignore Elder Abuse - Nursing-home nightmares continue to plague the country, from California to Texas to Minnesota to Pennsylvania. But perhaps no other state is as impacted by the abuse, neglect and robbery of the...more
In Minnesota, 97% of the 25,226 allegations of elder abuse (neglect, physical abuse, unexplained serious injuries and thefts) in state-licensed senior facilities in 2016 were never investigated. This prompted Minnesota...more
Skilled nursing facilities (SNF) may see even more scrutiny from the Centers of Medicare and Medicaid Services (CMS) because of a recent audit conducted by the Office of Inspector General of the U.S. Department of Health and...more
On August 24, 2017, the Office of Inspector General (“OIG”) of the Department of Health and Human Services (“HHS”) issued an “Early Alert” that disclosed the preliminary results of its ongoing review of abuse of Medicare...more
The lack of good care in nursing homes is a very real problem. Owners trying to enhance the bottom line often run with thin staffs, and it is the patient who suffers. For example, bed sores can cause terrible injuries and...more
The Arizona Supreme Court’s recent decision in Delgado v. Manor Care of Tucson AZ, LLC, subjects health care providers to liability for ordinary negligence under the Adult Protective Services Act. This decision therefore...more
When the time comes that an aging family member needs full-time care, or more care than he or she is receiving, most eyes turn to a daughter or a son, or depending on the circumstances, a grandchild. Often, employment...more
The mistreatment of the aged is a societal ill that, sadly, is unlikely to be cured soon. The statistics tell the story. By 2025, the global population of seniors (defined as those age 60 and older) will reach 1.2 billion....more
Neglect of the elderly, an all-too-often occurrence in nursing homes and other community settings, will take center stage June 15, 2017, during World Elder Abuse Awareness Day....more
Do You Know the Warning Signs of Nursing Home Abuse? Choosing nursing home, assisted living or in-home medical care is complicated, difficult and often an emotional process. The last thing on your mind is the possibility...more
A 100-year-old woman is strangled by her roommate, but a lawsuit against the nursing home gets blocked from court. Another nursing home dodges a suit when a 94-year-old patient suffers an unexplained and fatal head wound. An...more
In Brenham Nursing & Rehab. Ctr. v. U.S. Dep't of Health & Human Servs., No. 15-60272, 2016 WL 454320 (5th Cir. Feb. 4, 2016), the United States Court of Appeals for the Fifth Circuit upheld a Final Agency Decision of the...more
In May, the Supreme Court of Appeals of West Virginia issued a decision in the Wanda Williams v. CMO Management, LLC case. Robert Thompson suffered from Alzheimer’s disease and resided at a nursing facility preceding his...more
In Fenimore v. The Regents of the University of California, 2016 Cal. App. LEXIS 231, the Second District Court of Appeal held that allegations that a hospital was understaffed at the time an elderly patient fell, that the...more