Nursing home abuse and negligence as well as other elder abuse complaints are severely underreported in California. According to a news report in The Orange County Register and also, based on recent findings from the California Senate Office of Oversight and Outcomes, serious deficiencies exist in California's approach to detecting and responding to elder abuse and neglect.

The System is Flawed

California now, has more than 9,000 nursing homes and residential care facilities for seniors and 290,000 licensed beds, the report states. There is also an estimated, 1,000 strong force of ombudsmen who were originally given the responsibility of acting as watchdogs and mediators. The ombudsmen's role was intended to provide long-term oversight by carrying out tasks such as regular spot checks of facilities and following up on complaints. One problem is that Governor Arnold Schwarzenegger sliced their budget leaving them completely shorthanded and without enough manpower to keep an eye on nursing homes and care facilities.

The other serious problem with the system is that the ombudsmen can only tell law enforcement about problems if the complaining parties agree to release their names and complaints. Now, only 25 percent agree to identify themselves in their complaints. What that means is 75 percent of the complaints would officially go unreported. These serious complaints typically range from sexual harassment and financial exploitation to physical neglect. These vulnerable seniors don't want to sign their names on complaints because they fear retaliation. It becomes even more challenging in cases where abuse is reported by staff on behalf of a resident with dementia. In such cases, the resident is unable to give informed consent.

The Elderly Need Protection Against Retaliation

There is no question that this system is completely flawed. It offers absolutely no protection to the elderly who are left without a voice. Residents, their family members or employees of a facility should be able to report negligence or abuse without fear of being exposed or retaliated against. Our senior population is growing larger each year. In 2004, 12 percent of the nation was over 65. In 2050, that number is expected to grow to 21 percent, according to the U.S. Census Bureau.

It now, seems very likely we'll be faced with a growing number of serious nursing home negligence and abuse incidents. As California personal injury attorneys who represent victims of nursing home abuse and negligence, we have seen the suffering of victims and their families first-hand. We need a system where our elderly will be protected and can be heard in these types of cases.

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