Category: Elder Abuse

Whether it’s to get a student loan, get hired, or place an elderly loved one in a care home, people often have no choice but to sign contracts with forced arbitration clauses that make sure a day in court never comes. Instead of court, disputes are settled in arbitration, and the arbitrators often consider the corporations to be their clients.

Today at the Capitol, a diverse group of representatives took to the House Floor to discuss forced arbitration and the harm it does to individuals across the country. For a full hour on the Floor—a rare level of focus for a single topic in this venue—the group discussed common abuses of arbitration law, pending legislation, increased public awareness, and a number of federal regulations aimed at curtailing forced arbitration.

According to Representative Hank Johnson of Georgia, a member of the House Judiciary Committee and the leader of the session, “buried in the fine print of everything from consumer contracts and employee handbooks to nursing home agreements, forced arbitration clauses insulate corporations from accountability by eliminating access to the courts for untold consumers and workers.”

Mr. Johnson introduced a bill this week to prevent civil rights cases from being subjected to mandatory arbitration. The bill includes discrimination cases. Women trying to fight gender discrimination at the workplace would benefit especially from the legislation’s passage, said Mr. Johnson, because arbitration clauses are devastating to their cause.

We at the firm hope this will be the beginning of the end for forced arbitration. If you agree, please show your support and sign this petition to Stop Nursing Homes from Using Forced Arbitration to Deny Residents’ Rights.

With this year’s filing deadlines fast approaching, now is an important time to beware of tax scams.

On Saturday, Senator Mazie Hirono, along with spokespeople from the IRS and AARP, spoke at a caregiving conference at the Japanese Cultural Center of Hawai‘i to warn seniors about tax scams, and phone scams in particular.

“Well, we know trusting vulnerable seniors are particular targets for scam artists… Scam artists and predators are clever in their attempts to swindle taxpayers out of their refunds. Kupuna and their families need to remain vigilant and protect themselves as we approach the tax filing deadline,” said Sen. Hirono.

If there are any issues with your taxes, she explained, you should expect first to receive a letter or in-person visit from the IRS. If you do get a phone call from someone claiming to be from the IRS, hang up even if it looks like an IRS number on your caller ID—the numbers can be spoofed.

Here are two helpful online resources:

• The AARP Fraud Watch Network
• The IRS’s “Dirty Dozen” list of task scams for 2016

IRS Special Agent in Charge Teri Alexander called tax scams “epidemic in proportion right now… increasing every day.” The AARP Hawai‘i’s state director said that over “6,000 seniors have reported being defrauded and the average amount of loss is about $2,555.”

Photo c/o Edward Kimmel, “Hawai‘i Sen. Mazie Hirono”, (c) CC BY-SA 2.0

Concern about elder abuse is growing in Hawai‘i. Galiher DeRobertis & Waxman is currently representing local victims of elder neglect, abuse, and exploitation, as well as their families.

The firm is pursuing a lawsuit against Oceanside Hawai‘i Assisted Living on behalf of the family of Susan Pedro, an elderly mother who died at Wahiawa General Hospital last January, just a month after her family took her out of Oceanside.

Tragically, the conditions that led to Ms. Pedro’s death were preventable. She died as a result of complications from the facility’s neglect.

Attorney Anthony Carr described the conditions she endured in an interview with Hawai‘i News Now: “[Oceanside] left her in her wheelchair, around the clock, for an unknown period of time to soak, just soaked and soiled in her feces and urine, which caused not only pressure sores, but caused those pressure sores to get infected by the very bacteria that she was left sitting in.”

Oceanside has recently been the subject of numerous violations in state inspections, which reported that “health, welfare and safety of the residents are/were at risk.”

Needless to say, tragic events like these have had profound effects on Ms. Pedro’s family and other families of neglected elders in care homes. The full article from HNN is availalble at the following link: Assisted living facility targeted with wrongful death suit.

Perhaps worst of all, this case is part of an epidemic: with the average age of the population in Hawai‘i increasing, elder abuse and neglect is on the rise.

Elder abuse is a growing concern nationwide and in Hawai‘i. Galiher DeRobertis & Waxman is currently representing elderly victims of neglect, abuse, and exploitation, as well as their families.

Our firm filed one such suit earlier this year. Have a look at the coverage of it on Hawai‘i News Now: “EXCLUSIVE: Assisted living facility targeted with wrongful death suit“. The defendant, Oceanside Hawai‘i Assisted Living, has been found repeatedly in violation of standards during state inspections in the past couple of years. We are representing the family of Susan Pedro, who was neglected at Oceanside before her family moved her to Wahiawa General Hospital.

[Oceanside] left her in her wheelchair, around the clock, for an unknown period of time to soak, just soaked and soiled in her feces and urine, which caused not only pressure sores, but caused those pressure sores to get infected by the very bacteria that she was left sitting in.

—Attorney Anthony Carr

This story has been resonating with the local community, bringing outpourings of sympathy and support on the Web. You can have a read those narratives on the relevant HNN Facebook post. While you’re at it, drop by our Facebook page and give us a “like,” if you please. We’re right here: facebook.com/GaliherMesotheliomaLaw/.

As a final note, we’d like to recommend these 10 Questions to Ask Any Senior Care Home if you have an elderly family member who needs to be placed in any kind of care.

Elder abuse is a broad term which encompasses several different forms of neglect, abuse, and exploitation of an older person. There are hundreds of thousands of victims of elder abuse across America every year, and the problem is growing. Victims of elder abuse are often vulnerable and sometimes even dependent on the very people who abuse them. The abusers may be caregivers, friends, or even family members.

Ability is a privilege, and as those who are able it is our duty to help those who are in need.

—Gary Galiher, Founding Partner of Galiher DeRobertis & Waxman

Definitions and legal standards differ widely from one state to another. In Hawaiʻi, HRS § 28-94 defines “abuse” as “actual or imminent physical injury, psychological abuse or neglect, sexual abuse, financial exploitation, negligent treatment, or maltreatment.” Most of the relevant statutes in Hawaiʻi define an elder as someone 62 years of age or older.

The Most Common Types of Elder Abuse Are:

Elders are especially vulnerable and less able to stand up for themselves or fight back. Depending on the circumstances, they may have even have a limited or complete inability to communicate or explain the abuse they have suffered. Some elders may have disabilities or dementia that allow others to take advantage of them.

Tragically, many cases of elder abuse are committed by the individuals who are directly responsible for their care. Elder abuse typically occurs where the senior lives, whether that is a residential home, or a senior care home such as an assisted living facility or adult residential care home.

Knowing what to ask can help you be better informed about a senior care home. The answers you hear could be valuable when you are trying to help yourself or a loved one decide if a home could be a good place for them to live. Here are ten good questions to ask:

Be on the lookout for these signs and symptoms:

It is also important that you stay aware and speak up if you suspect elder abuse or neglect. The elderly are especially vulnerable and are not always able to communicate their condition.

See our page on Reporting Abuse and Community Resources for more information on what to do if you believe abuse may be taking place. If the situation is serious, threatening, or dangerous, call 911 or your local police department for immediate help.

10,000-24,000 Cases of Elder Abuse in Hawaiʻi Each Year

Hawai‘i’s Adult Protective and Community Services Branch (“APCSB”), which protects vulnerable adults from abuse and neglect, reported 801 cases of elder abuse in 2014. However, elder abuse is a “hidden” wrong as experts estimate that for every report of elder abuse to the authorities, between 10 and 24 go unreported (see Lifespan of Greater Rochester et al., 2011). Using this estimate, there are approximately 10,000-24,000 cases of elder abuse in Hawaiʻi each year.

Hawai’i Statistics & Info About Elder Abuse

Between 1990 and 2012, the number of elderly aged 75 and older increased 47% nationally, compared to a 116% increase in Hawaiʻi. 15.6% of Hawai‘i’s population was 65 and over in 2013, compared with 14.1% nationally.

Elderly Populations Growing Nationally

In the United States, the 2010 Census recorded the greatest number and proportion of people age 65 and older in history: 40.3 million, or 13% of the total population. This “Boomer Generation” effect will continue for decades. By 2050, people age 65 and older are expected to comprise 20% of the total U.S. population.

85+ The Fastest Growing Age Group

The fastest growing segment of America’s population consists of those 85 and up. In 2010, there were 5.8 million people aged 85 or older. By 2050, it is projected that there will be 19 million people aged 85 or older.