According to Missouri's Department of Health and Senior Services, there are three things that elder abuse can be classified as. It can be classified as abuse, neglect, or likelihood of serious physical harm. While all of these classifications sounds quite similar, there are some subtle differences. The Missouri Department of Health and Senior Services defines abuse as " the infliction of physical, sexual, or emotional injury or harm including financial exploitation by any person, firm, or corporation" ("Protective Services For Adults," n.d., para. 4). Elder neglect is "the failure to provide services to an eligible adult by any person, firm, or corporation with a legal or contractual duty to do so, when such failure presents either an …show more content…
There are also laws that encompass recipients of in-home services. Section 660.300, RSMo states if any in-home or home health employee intentionally abuses or neglects an eligible adult will be guilty of Elder Abuse and will be prosecuted ("Protective Services For Adults," n.d). Section 660.305, RSMo expresses that if any in-home agency or employee knowingly uses or diverts from the clients funds, or falsifies any documents of service, will be guilty of a Class A misdemeanor ("Protective Services For Adults," n.d). Section 660.315, RSMo provides information about employees that are found guilty of abuse, neglect, using funds or property inappropriately, or falsifying documentation are placed on a list called "The Employee Disqualification List" or EDL ("Protective Services For Adults," n.d). This lists bans the employee from being hired to specific agencies in healthcare for a designated period of time ("Protective Services For Adults," n.d). Residential care facilities also have coverage under Adult Protective Services in order to protect the eligible adults who reside in facilities. According to Section 198.070, RSMo, reports from residential care facilities, intermediate care facilities, or other nursing facilities are registered by the department and investigations are started within twenty-four hours ("Protective Services For Adults,"
Elder abuse includes physical, emotional, and sexual abuse as well as neglect, exploitation and abandonment of our older generation (Falk, 2012). The people that cause these injuries include the elderly person’s own family and staff members of nursing homes, assisted living facilities, medical rehabilitation facilities and hospitals (NCOA, 2017). There is approximately 1 in 10 older adults that have experienced some type of elder abuse in the United States (NCOA, 2017). Within these staggering numbers, only 1
The Center for Disease Control and Prevention standardly defines elder abuse as “any abuse and neglect of persons age 60 or older by a caregiver or another person in a relationship involving an expectation of trust” (CDC, Elder Abuse). It is always thought that the elderly are treated with honor, dignity and respect but many of the elderly have been abused and neglected as much if not worse than the children we spoke of in our previous discussions. Who seriously could hurt these frail people, someone’s grandparents, possibly even your own; persons who because of the aging process have lost their ability to fight back and are being bullied or attacked by someone in a position of trust. It is estimated that 70% to 90% of the perpetrators of elderly
In the 1990s, the Elder Abuse Task Force was established by the Secretary of the "U.S. Department of Health and Human Services." The task force developed an action plan for identifying and preventing elder from being mistreated in health care setting. A National Institute on Elder Abuse was established in 1991 as part of the Administration on Aging 's Elder Care Campaign. Adult Protective Service programs now exist in each state to serve vulnerable adults, especially seniors who are at high risk of being abuse and neglect (AMA, 2015). Such actions have been brought to the attention of the public and physician concerning elderly abuse and neglect. Researchers have conducted studies to assess the scope and causes of mistreatment among the elderly (AMA, 2015). Laws have been enacted in each state for physicians and others to report suspected cases. The Joint Commission on Accreditation of Healthcare Organizations (JCAHO) for emergency departments and their ambulatory care centers for identifying elder abuse, in addition to domestic violence and child abuse (AMA, 2015).
Elder Justice Act has made it possible and easy to detect signs of elder abuse by creating programs to assist and aid older victims of abuse, and prosecute abusers. California has passed laws making elder abuse a civil liability, and violation of the laws will subject the perpetrator to criminal liability (Stimmel Law, n.d.). According to California Advocates For Nursing Home Reform (CANHR) (2017), criminal elder abuse “occurs where any person who knows that a person is an elder and willfully causes or permits that elder to suffer, or inflicts unjustifiable physical pain or mental suffering on the elder. It also covers situations where a person willfully causes or permits an elder to be placed in a situation in which elder’s health is endangered” (para, 1). While civil elder abuse refers to intend physical abuse, isolation, abduction, abandonment, financial abuse, or any type of elder mistreatment resulting in physical harm, pain or mental suffering of an older adult (CANHR, 2017). The State of California Department of Justice is composed of three programs designed to prosecute elder abuse. First, is the Violent Crime Unit, this unit investigates and prosecutes physical elder abuse committed by individual employees against patients in elder care facilities (The State of California Department of Justice, n.d.). Second, the Facilities Enforcement Team, the team investigates and prosecutes
The Ontario Network for the Prevention of Elder Abuse states that 10% of older adults are abused in some way; which is over 160,000 people in Ontario. Elderly abuse is categorized as the violence, mistreatment or neglect of an elderly person by caregivers, service providers, family, or even strangers (Canadian Government). A senior citizen can be abused physically, financially, psychologically, and rarely, sexually. The mistreatment is usually because of the influence a caregiver has over an older adult. The abuse on the elderly can happen in long term care facilities or in the home; it usually goes unnoticed and unreported (Elder Abuse and Neglect). The concern of abuse on the elderly population is a growing issue due to the increasing populace of older people and baby boomers; physical, financial, and emotional abuse are the most common forms. The problem needs to be taken more seriously, the types of abuse may vary, but regardless of the form, abuse among the elderly needs to end.
Goal Statement To help elderly individuals maintain their health and independence in their homes and communities through systems of long-term care, and livable communities where their safety is not at risk. The goal is to find different programs and ways for the elderly to be protected against any kind of harm and abuse. Scope of the Problem
This essay will examine elder abuse and its role in our society. The definition of elder abuse and the different types of elder abuse will be examined. Additionally, literature that highlight legislative changes to current elder abuse laws and the origins of those laws will be examined. The paper will also discuss national reports of elder abuse statistics and the current status of elder abuse. Finally, recommendations based upon the information researched will be provided as a guide for the future.
Elder abuse has a long standing history dating back before the 1960’s, “it is only in recent decades that elder abuse as a social policy issue has moved to the forefront of health care and social services in the United States” (Falk, Baigis, & Kopac, 2012). In March of 2010, as part of the Patient Protection and Affordable Care Act; The Elder Justice Act, first introduced in 2003, was signed into law. The Elder Justice Act provides federal resources to “prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation and to protect elders with diminished capacity while maximizing their
Elder abuse can take many forms. Some of the most common forms of elder abuse include:
Elder mistreatment is unrecognized, hidden, and underreported. Studies showed that nurses among health professionals are largely unaware of the various forms of elder mistreatment that take place and of the proper course of action to pursue when mistreatment is suspected Falk, Baigis, and Kopac(2012). People should be aware of the many faces of elder maltreatment, and all health caregivers working with older adults need to recognize, treat, and prevent elder abuse and neglect (Daly, et al., 2012).
Some of the reasons for this may be fear of increased abuse or even simply believing that reporting will not change the situation. Professionals have the dilemma whether or not to say anything because of ignorance of how or what to report which prolongs the neglect and abuse (Brandl et al., 2006). As a healthcare professional, you are mandated to report any abuse you witness. Sadly, elder abuse is a crime that is underreported, and understudied that impact millions of elders (McClennen, J.C.,2010). Seeing firsthand what goes on in a long-term care facility where many of the elderly are virtually helpless, opened my eyes to how immense this issue is in our Country. I realized that if things go unnoticed in care facilities, they will be ignored in domestic setting, assisted living facilities and anywhere else for that matter. There has to be some kind of solution to this
According to Garth wait (2014) public agencies are created by a legislative body made up of elected officials and funded by tax dollars. Adult Protective Services is a state funded program, which is open to all United States Citizens. Approximately 2 million older adults suffer from elder mistreatment and self-neglect annually in the United States “Victims suffer psychological distress, lowered self-efficacy, depression, and premature mortality (Dong et al., 2009; Lachs, Williams, O’Brien, Pillemer, & Charlson, 1998)”. Unfortunately, many cases remain undetected, meaning that many older adults remain in life-threatening circumstances. “A primary reason for undetected cases is the lack of comprehensive, psychometrically validated assessment tools that can facilitate the identification of possible EM and SN by state protective agencies and healthcare professionals (Fulmer, Guadagno, Dyer, & Connolly,
The abuse can be physical, emotional or psychological, sexual, or financially and can be intentional or unintentional neglect from the caregiver (Elder Abuse and Neglect: In Search of Solutions. (n.d.). Retrieved January 26, 2016, from http://www.apa.org/pi/aging/resources/guides/elder-abuse.aspx). Physical abuse can range from shoving, severe beatings, and restraining them with ropes or chains (Elder Abuse and Neglect: In Search of Solutions. (n.d.). Retrieved January 26, 2016, from http://www.apa.org/pi/aging/resources/guides/elder-abuse.aspx). Physical abuse can also include the inappropriate use of medications and physical restraints and physical punishment of any kind (Elder Abuse and Neglect: In Search of Solutions. (n.d.). Retrieved January 26, 2016, from http://www.apa.org/pi/aging/resources/guides/elder-abuse.aspx). Verbal abuse can range from name calling, silent treatment, to intimidating and threatening the person (Elder Abuse and Neglect: In Search of Solutions. (n.d.). Retrieved January 26, 2016, from http://www.apa.org/pi/aging/resources/guides/elder-abuse.aspx). If the caregiver, whether family or not, acts in a manner that causes fear, mental anguish, emotional pain or distress, this behavior can be regarded as
An estimated twenty-one percent of nursing home residents are neglected at least once in the past twelve months and more than twenty-four percent are abused at least once during their entire stay (Schub & Kornusky, 2014). In a study of 718 family members and others responsible for those ages 60 and older receiving long-term care in a nursing home, an assisted living facility or paid homecare, nearly 30 percent reported at least one instance of elder abuse in the past year. Neglect was the most common form and sexual abuse the least (Anetzberger, 2012).
Elder mistreatment is a serious problem in America, yet it often overlooked. Elder abuse is defined as abuse in older adults that includes, but isn’t limited to physical, emotional, financial or sexual abuse. It is a single or repeated act or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm. It is often misunderstood and dismissed as just a family matter when in fact, that is the least common source of cruelty amongst the elders. According to the National council of aging, 1 in 10 Americans aged 60 and older have experienced some form of abuse. Some estimates range as high as 5 million elders who are reportedly abused yearly.