Elder Abuse

Passionate Advocacy: We Fight for You

Mr. McLaughlin is a passionate advocate for the elderly with 10 years experience litigating elder abuse cases from start to finish, including the largest known elder abuse verdict in U.S. history ($42.5 million; Lovenstein v. Eskaton). 

McLaughlin Dixon brings a unique edge to the elder abuse practice with its extensive background in business and technology. 

A business background is particularly important in elder abuse litigation involving nursing homes, assisted living facilities, hospice providers, and other corporate providers of care because often these large companies are structured in a corporate web to prevent paying out damages to victims of elder abuse. In order to prevail against such large corporations, it is essential to understand corporate law and the financial systems used by these organizations. 

In addition, the world of health care has gone digital, and that includes most elder care facilities who use software and remote databases to create and store patient records. A team of technologically savvy legal team is crucial to obtaining complete records, and Mr. McLaughlin is a court-recognized expert regarding the discovery of electronic medical records (indeed, he is frequently hired by other attorneys to assist with obtaining hard-to-find electronic health records).

Beyond using technology to obtain complete client records, McLaughlin Dixon leverages sophisticated databases and custom built programs to store and analyze virtually all of the publicly available data on nursing homes across the country. Mr. McLaughlin is the President & CEO of Metascope Analytics, Inc., an industry leading data analytics consulting company which, among other things, analyzes huge amounts of electronic data on nursing homes nationwide, including financial records and MDS data for every skilled nursing facility in the nation. Using this data, the firm has unique insight into the actual level of care being given by providers.

What is Elder Abuse?

Civil law defines civil elder abuse to mean physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment resulting in physical harm or pain or mental suffering. It also means the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. (Welfare & Institutions Code Section 15610.07)

  • Physical Abuse: The infliction of physical pain or injury, sexual assault or molestation, or use of physical or chemical restraints for punishment without, or beyond, the scope of a doctor’s order.

  • Neglect: The failure to fulfill a caretaking obligation such as assisting in personal hygiene, providing food, clothing or shelter, protecting a person from health and safety hazards, or preventing malnutrition.

  • Financial Abuse: The illegal or unethical exploitation and/or use of an elder’s funds, property, or other assets.

  • Abandonment: The desertion of an elder by someone who is a caregiver.

  • Abduction: The removal, without the consent of the conservator, of a conservatee to another state.

  • Isolation: The intentional preventing of an elder from receiving mail, telephone calls or visitors.

  • Mental Suffering: The infliction of fear, agitation, confusion through threats, harassment or other forms of intimidating behavior.

What is Penal Code § 368?

 Penal Code § 368, elder abuse occurs when a person knows that victim is an elder then inflicts unjustifiable physical pain or mental suffering on the elder or willfully causes or permits that elder to suffer. It also covers situations where a person willfully causes or permits an elder to be placed in a situation in which their health is endangered.

How to Recognize Abuse:

  1. Possible Physical Abuse and Neglect Indicators:

    The following are clues for recognizing signs of physical elder abuse or neglect. This is not intended to be an exhaustive list.

    • Malnutrition and/or dehydration, bedsores. Unexplained weight loss.

    • Unseen but suspected physical injury: Painful reactions when touched.

    • Bruises, skin tears or broken bones or teeth.

  2. Behavioral Indicators:

    • Agitation

    • Anger

    • Confusion or disorientation

    • Defensiveness

    • Depressed or withdrawn

    • Fearful or hesitant to talk openly

    • Non-responsive or implausible excuses

  3. Caregiver or Family Member Abuse Indicators:

    • The elder is not allowed to speak for him/herself.

    • Caregiver’s indifference or anger toward the elder.

    • Socially isolated or unnecessary restrictions of the elder’s activities.

    • Conflicting explanations of incidents by the family or caregivers.

    • Family members or caregivers having gambling or substance abuse problems.

  4. Possible Financial Abuse Indicators:

    • Suspicious banking or financial transactions

    • Money missing from accounts

    • Unusable ATM or Credit Card transactions

    • Unexpected changes to estate planning documents or property deeds

    • Missing possessions