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 About Adam Peck

Adam J. Peck, ESQ is a principal with Peck Law Group, APC. In 2008, Mr. Adam Peck received his Juris Doctorate from Whittier Law School where he graduated Cum Laude. His practice is primarily dedicated to representing Elders, Dependent Adults, along with their loved ones and family members, who have suffered horrific personal injuries.

Socio-Economic Issues of Long-Term Care

Elderly black man with white caregiver at long term care facility in California

When we place our elderly family members into long-term care (i.e. skilled nursing, retirement community, assisted living, etc.) we hope that they’re being treated fairly. But, for many in the elderly community, this is unfortunately not the case.

In fact, according to the National Institute on Aging (NIA), approximately 1 in 10 adults over the age of 60 are abused, neglected or exploited financially. And, even more alarming, the abuse is sometimes nearly double that rate among minorities and people of color.

In order to combat this issue, we first need to understand it. Here are some of the details that show how race, and the socio-economic factors associated with being Black and /or Hispanic, has affected neglect and abuse in long-term care facilities.

What is elder abuse?

Elder abuse is defined as:

(a) “Abuse of an elder or a dependent adult” means any of the following:

(1) Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.

Types of abuse:

Physical abuse: When someone, usually a caregiver, or another resident, causes bodily harm by assaulting, battering, hitting, pushing, or slapping – or in some cases, restraining an older adult against his/her will.

Emotional or psychological abuse: When a caregiver shouts hurtful words, threatens or repeatedly ignores an older adult. Keeping an elderly person from seeing friends and relatives is also considered emotional abuse.

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.

Abandonment: When an older adult who needs help is left alone without the necessary plan for his or her care.


Sexual Assault: that means any of the following:

(1) Sexual battery;

(2) Rape;

(3) Rape in concert;

(4) Incest;

(5) Sodomy;

(6) Oral copulation;

(7) Sexual penetration;

(8) Lewd or lascivious acts.

Financial abuse: When money or valuable belongings are stolen from an older adult. This can occur when caregivers forge checks, use retirement or Social Security benefits, or use an older person’s credit cards and bank accounts without their permission. It also includes changing names on policies or a will, or a title to a house, without the elder person’s permission.

Elder Abuse in Black and Hispanic communities

Studies show that elder abuse is a serious issue across all races, sexes, religions and cultural backgrounds. However, some evidence suggests that abuse among adults aged 60+ is even more common in Black and Hispanic elders.

Latino Elder Abuse

A study cited by the National Center of Elder Abuse (NCEA) specifically looked at 198 Latino elders and found that 40 percent experienced at least one type of abuse, with 21 percent experiencing multiple types of elder abuse. And, of those that were abused, less than 2 percent of them actually reported the abuse to any authority, such as the APS.

African American Elder Abuse

Another similar study cited by the NCEA researched elder abuse in African American populations.

This paper notes research conducted by Beach, Schulz, Castle, and Rosen (2010), a population-based study on financial exploitation and psychological mistreatment among 210 African American and 693 non-African American adults aged 60 years and older in Pennsylvania.

Findings showed that 24.4 percent of African American elders and 13.2 percent of Non-African-American elders reported psychological abuse. Both studies also concluded that financial exploitation was more common among the Non-White elderly populations surveyed, as was physical abuse.

What’s unknown, however, is the cause of this increase in abuse in Black and Hispanic elder communities. There are theories as to why this is the case, and many of the causes are likely linked to the socio-economic situations of most people in these populations.

Socio-economic issues in African American elders

A wide range of issues for African American families in the U.S. stem from suffering through systematic racism and structural segregation.

The long-term effects of these discriminatory acts continue to plague the African American population, creating a divide in health and economic wellness throughout the country, especially when compared to the non-Hispanic white population.

Health disparities:

African American households are usually at higher risk for disease and death, stemming from economic hardships and lack of adequate health care.

The U.S. Department of Health and Human Services’ Office of Minority Health (OMH) notes that “the death rate for African Americans is generally higher than whites for heart diseases, stroke, cancer, asthma, influenza and pneumonia, diabetes, HIV/AIDS, and homicide.”

The prevalence of health issues in the African American population can lead to an increase in stress and financial strain, which can, in turn, also lead to a habit of internalizing pain and discomfort – increasing the risk of mental health concerns. This is likely a factor when considering why more African American elders are being abused in long-term care.

Economic disparities:

According to the OMH, in 2019, the U.S. Census Bureau reported that 21.2 percent of non-Hispanic blacks were living at the poverty level, compared to 9.0 percent of non-Hispanic whites. That difference means that finding satisfactory health care and long-term care may be difficult for many elderly African Americans – if they can afford it at all.

Without the proper funds to place a loved one in a highly rated long-term care facility, or to move them from one care facility to another, the elder family member or their financially responsible party could be forced to endure abuse in less-than-ideal situations.

Lack of External Support:

Because of the above-mentioned factors, African American elders and their families lack the support systems that are more commonly found in white families, and are usually reluctant to trust anyone outside of their family/community.

Plus, systematic racism, segregation and other race-related discrimination programs have led to a general distrust of institutions, so seeking external help seems like a risky endeavor for many African American families.

Socio-Economic Concerns Among Hispanic Elders

Like the African American population, the Hispanic (or Latino) population in the U.S. is diverse and is actually comprised of many different ethnicities and countries of origin. And, like the Black community, most evidence suggests that Hispanic elders are more likely to be mistreated in long-term care situations.

There are many reasons that elder abuse is more common for Hispanic elders – although less evidence is available for proof of the abuse disparity. It’s safe to assume that many of the abuse cases stem from cultural beliefs in Hispanic families and the differentiation in health and healthcare.

Health and Healthcare factors:

According to a population bulletin posted by the Population Reference Bureau (PRB), “the large majority of Latinos, especially in the case of Mexicans, Puerto Ricans, and Dominicans, lag significantly behind whites on all socioeconomic dimensions.”

Although some Hispanic cultures tend to show lower mortality rates than non-Hispanic white population, many families in this general race category lack health insurance. The aforementioned bulletin explains that the lack of health insurance among Hispanic families likely stems from low-paying jobs with little or no coverage as part of their employment package.

Unfortunately, Hispanics are about 50% more likely to die from certain dangerous diseases (diabetes or liver disease) than whites, but usually show lower percentages when it comes to cancers. Generally speaking, the health and healthcare situation among Hispanic families is turbulent, and may be cause for additional mental and financial strain. These stressors can cause a variety of issues and could be a factor for the noted increase in elder abuse in Hispanic populations.

Cultural factors:

Most Hispanic cultures place a great deal of emphasis on family and tend to care for their elders in-home rather than send them to long-term care facilities. However, when Latino elders are in care situations, language barriers and lack of cultural competency can impede services and create barriers between the caregiver and the patient, and these frustrations can lead to abusive situations.

According to a research brief published by NCEA, despite the high rates of reported mistreatment among Hispanic elders, only 1.5% of respondents indicated they had reported abuse of any kind to Adult Protective Services (APS) in the past year. This could be contributed to a variety of factors, but most likely stems from cultural norms in the Hispanic community.

The sense of family and community in many Latino cultures also comes with the burden of additional shame. When Hispanic elders are abused – whether by someone outside of the family or by a family member – its less likely that they’ll report it because they don’t want to embarrass themselves or their family, especially if the elder themselves is seen as a caregiver or provider to their own family.

Who is most at risk of elder abuse in long-term care?

Compared to non-Hispanic Whites, homicide is more common among non-Hispanic Black or African American persons, and Hispanic or Latino persons. When it comes to elder abuse, the same ethnicities tend to be at greater risk of being abused, too.

The evidence suggests that African American or Black elderly persons are at the greatest risk, but are also more likely to report incidents compared to Hispanic or Latino elders, so those numbers may be skewed.

In the end, elder abuse in long-term care facilities is a problem among almost every ethnicity and race, with African American and Hispanic populations likely at a higher risk than non-Hispanic whites. However, even non-Hispanic whites are at great risk, as they’re more likely to be placed in long-term care and are the largest race in the U.S. – so white elders who have experienced elder abuse may have the highest count among all other populations. 

Preventing elder abuse in long-term care

Several factors may decrease the risk of perpetrating and/or experiencing elder abuse.

To prevent elder abuse, everyone in contact with an elderly person in care should understand and address the factors that put people at risk. A few helpful steps include:

  • Listen to older adults to understand their challenges and provide support.
  • Educate yourself and others around you about how to recognize and report elder abuse.
  • Learn how signs of elder abuse differ from the normal aging process.
  • Check-in on adults in care facilities, especially those who have a limited number of friends and family members.
  • Provide support for caregivers, too, such as local relief care groups, adult day care programs, counseling, or other outlets intended to promote emotional well-being.
  • Report any abuse or suspected abuse to the police if in immediate danger. Otherwise, it can help to speak with the Peck Law Group, experienced attorneys toll free at 1-866-999-9085, or immediately Check with Peck to learn how you can protect your rights, receive just compensation for your injuries, and bring those responsible to justice so that it doesn’t happen to others in the future.


Even if you take all the above measures, elder abuse isn’t going away overnight. Knowing as much as you can about elder abuse and neglect can, however, help your loved ones stay at a lower risk.

Sources:

https://ncea.acl.gov/NCEA/media/publications/Mistreatment-of-Latino-Elders-(2014).pdf

https://www.prb.org/resources/social-and-economic-well-being-and-the-future-for-latinos-in-the-united-states/

https://ncea.acl.gov/NCEA/media/publications/Mistreatment-of-African-American-Elders-(2016).pdf

https://www.nia.nih.gov/health/elder-abuse#types

https://www.ojp.gov/ncjrs/virtual-library/abstracts/understanding-and-combating-elder-abuse-hispanic-communities

https://www.cdc.gov/violenceprevention/elderabuse/fastfact.html

Elder Abuse, Neglect, and Negligence at Windsor Chico Creek – The Story of Owen Lavis

Red door opening to hospital to treat elderly patient

A code of ethics is the bond holding society together – away from harmful actions such as elder abuse and neglect.

Even though breaking the code of ethics can cause emotional and physical harm to others, it unfortunately can often be ignored and taken lightly at long-term care facilities. As a result, such cases of negligence have increased.

Below is one such story about Elder Abuse, neglect and Negligence at Windsor Chico Creek Care and Rehabilitation Center. Please note: the names have been changed for privacy reasons.

In October of 2021, Owen Lavis had suffered multiple seizures that landed him at UC Davis Medical Center. There he spent three months in a coma receiving treatment. During this time, a tracheal and feeding tube was placed in him as a form of treatment therapy.

Once Owen was out of a coma, he was transferred to Vibra Hospital of Sacramento, where the doctors removed the tracheal tube and retained the feeding tube for feeding purposes.

This is where the trouble begins.

He was then placed in Windsor Chico Creek Care and Rehabilitation Center on December 2nd, 2021 to continue his rehabilitation. Owen and his family were promised by Windsor that a care plan would be developed to ensure his health and safety, however they never received one.

The hospital had complained that Owen was pulling out his feeding tube and had to be taken to Enloe Medical Center frequently to have it replaced. However, according to Owen, the feeding tube fell out because he had fallen off the bed.

The family and friends had no prior knowledge of Owen’s fall; they only learned about it after questioning the staff. To add insult to injury, no one even knew how long he was on the floor for!

Moreover, the family found out that Owen was tested for Tuberculosis without the authorization from his decision maker. In their defense, the staff stated that the patient had recent exposure to TB, however it was never proven that this was the case.

Every time Owen’s feeding tube fell out, he would be taken to Enloe Hospital to have it replaced. Windsor Chico Creek continually blamed Owen for pulling it out, however due to his condition the family felt that it would not be possible since he could hardly move.

After returning from Enloe Hospital on December 23rd, 2021, his condition worsened, and he started to deteriorate again. He looked fragile and could not even speak.

On December 31st, 2021 he was again sent to Enloe Hospital, where the hospital confirmed that he had signs of severe dehydration and malnutrition do to a complete lack of hydration and not being fed. He was treated and responded well to medication, so again he was brought back to Windsor.

After one week at Windsor, Owen’s condition worsened. On Friday, January 7th, 2022, Mrs. Lavis, visited the facility and found him unresponsive. She acted fast and notified the facility staff to call an ambulance for Owen to be rushed again to Enloe Medical Center, where he was diagnosed again with severe dehydration, malnutrition, respiratory infection, and not getting his prescribed medications.

On January 21st, 2022, Owen was transferred to UCSF in San Francisco to receive further treatment, after which he was returned to Enloe Medical Center where he remains as of February 9th, 2022.

According to Federal Statute 42 CFR 483.10 (g) (2) (ii), the facility was supposed to provide medical records as requested by Owen’s wife on 1/18/22 – the facility would not accept the request. The facility only offered its own prepared form for copies of medical records.

On 1/25/22, she delivered the signed request for medical records. Under Federal Code, she should have received the records no later than Friday, 1/28/22. However, as of 2/9/22, no documents have been provided; a clear violation of the Federal Statute.

There are also allegations that the facility was understaffed the whole time Owen was a patient at Windsor, indicating that there may be others experiencing similar Neglect and Negligence.

The Sad Truth About Elder Abuse and Neglect

What happened to Owen is just one case of neglect and negligence at a care center. The sad truth is that situations such as this happen all the time.

It’s important that every patient and their family is aware of their rights and how to take appropriate action when their rights are violated. Taking appropriate action can work to save the life of the ones you love and help prevent similar things from happening to others.

Take Action Against Elder Abuse

Have you experienced elder abuse, neglect, and/or negligence at a nursing home, assisted living facility, or other long-term care center? If so, you are not alone. The Peck Law Group has over 45 years of experience in helping victims of elder abuse and neglect attain justice that they so deserve.

Contact the Peck Law Group today for a free case evaluation toll-free@ 866-999-9085 and learn more about the steps you can take to hold long-term care facilities responsible for the injuries your loved ones have incurred.

Annie Thomas’s Story of Elder Neglect in Riverside, California

Annie Thomas Elder Abuse Story Riverside California

Knowledge about medicine has increased greatly over the years, so it is no surprise that patients put most of their trust in doctors and nurses. Unfortunately, they too have been known to make mistakes.

The case of Annie Thomas is one such instance regarding negligent doctors and nurses. Hopefully, this story can help prevent negligence from happening and save someone dear to you in the future.

If you are looking for real stories of elder neglect and abuse, then please read on. We’re sharing recent stories from real people of the types of abuse and neglect they had to endure.

The Story

Note: Real names are changed to protect the privacy of the patient.

Ms. Annie Thomas, aged 85, entered Riverside Village Healthcare Center on December 9, 2021 from Riverside Community Hospital after she had a rod placed in her leg due to a broken femur she sustained just 3 days earlier. At Riverside Community Hospital she was able to use a walker and could get up and down to use the bathroom. However, after she was admitted to Riverside Village, that all changed.

By 12/15/21, six days after her admittance into Riverside Village, her leg became worse and was noticeably swollen. She could no longer walk as she did, when she entered the facility.

When she entered the facility, physical therapy was stopped, and she was only attended by a restorative aide (not a physical therapist) while in bed. To add insult to injury, she then tested positive for COVID.

Riverside Village attempted to discharge Annie on 12/24/21, even though they were aware of her leg’s condition and COVID status. However, Ms. Annie’s daughter  appealed the discharge, and she remained in the facility until her care was transferred.

“There was an ongoing issue with the facility regarding their communication.”

On 12/27/21, Ms. Annie’s surgical wound was determined to be infected, and a course of IV antibiotics began. Insurance companies are usually notified, however the facility failed to notify the insurance company of her infected leg.

On January 7, 2022, Annie’s daughter took her to the orthopaedic surgeon who placed the rod in her leg. Upon check-up, Dr. Bronson wrote an order for Annie for wound care and physical therapy prior to being released from Riverside Village. According to her medical records, no physical therapy was performed in January.

It is alleged that Riverside Village failed to answer Annie’s calls and administer pain medications on time. Moreover, they failed to notify her attending physician and responsible parties of a change in condition when her leg was infected and did not provide complete medical records.

It is also alleged that the facility was insufficiently staffed, especially on the 11–7 am shift – so much so that even initial IV medication had been modified from every eight hours to every twelve-hours.

In conversations between Ms. Annie’s daughter and Ms. Rose, the Director of Nursing, it had been revealed that Ms. Rose requested a modification because there were no nurses available from 11:00 PM to 7:00 AM. This led Ms. Annie’s daughter to believe that there was an on-going situation of understaffing.

On 1/25/22, Ms. Annie was taken from the facility to go home with her daughter. 

Ms. Annie Thomas’ story is really heart-wrenching. While Annie was fortunate enough to leave with her life, there are countless others that aren’t as lucky.

Have You Been a Victim of Elder Abuse and/or Neglect?

Have you experienced elder neglect, negligence and / or physical abuse at a long-term care facility? If you or a loved one has experienced negligent care or lack of care at a California nursing home, you don’t have to suffer in silence, and you don’t have to suffer alone.

At the Peck Law Group, we believe that nobody should be abused or neglected in a nursing home, assisted living facility, or skilled nursing facility. We’ve helped the victims of nursing home / assisted living abuse across California for 45+ years and are committed to making a difference in people’s lives by holding facilities accountable for their actions. 

Our nursing home abuse lawyers in Riverside have the knowledge and resources to ensure that you are represented to the fullest extent of the law.

So don’t wait — contact us today toll free @ 866-999-9085 for a free case evaluation. We will help you!!!