"Elder abuse refers to a range of detrimental behaviors directed towards older adults. This includes physical violence, emotional distress, sexual exploitation, financial manipulation, and neglect of fundamental needs," stated professional fiduciary and certified elder law Attorney RJ Connelly III. "Elder abuse manifests in various forms and is often perpetrated by individuals entrusted with the care of this vulnerable population. It is reported that authorities receive over 500,000 reports of elder abuse annually; however, many additional incidents remain unreported due to factors such as silence and fear."
According to the National Council on Aging, approximately 10% of Americans aged sixty and older have encountered some form of elder abuse. However, only 4% of these cases are reported to the relevant authorities. Notably, in nearly 60% of incidents involving the abuse and neglect of older individuals, the perpetrator is a family member, most commonly an adult child or spouse. Additionally, cases of abuse may occur within institutional settings, including residential care facilities, hospitals, and daycare environments.
"A story featured on the NECN website, dated November 22, delves into a troubling case from Brockton that illuminates the severe repercussions of elder neglect carried out by family members and a healthcare professional," pointed out Attorney Connelly. "This case serves as a stark reminder of the critical importance of responsibility, care, and oversight within familial and medical relationships, revealing the devastating effects that negligence can have on vulnerable individuals."
A Deadly Case of Elder Neglect in Brockton
The NECN report stated that an elderly woman named Dinora Cardoso was discovered in an alarming state before her tragic death in 2023. Ms. Cardoso was found in deplorable conditions, surrounded by filth, insects, and debris, which ultimately contributed to her death from a severe infection. This resulted in charges against her daughter, Eva Cardoso, her granddaughter, Kayla Cardoso, and a registered nurse, Lisa Hamilton, for their respective roles in this neglect.
According to statements from the Massachusetts Attorney General’s Office and the Plymouth County District Attorney’s Office, Eva Cardoso faces multiple charges, including manslaughter, relative to her mother’s demise. The charges against Eva and Kayla also encompass allegations of Medicaid fraud. Dinora Cardoso passed away on May 19, 2023, after suffering from necrotizing fasciitis and sepsis, both of which are life-threatening infections resulting from severely infected ulcers. Just two days before her passing, first responders transported her to a hospital in Brockton, where they encountered the shocking condition of Dinora, who was infested with cockroaches and bedbugs. At the same time, feces were present in her surroundings.
NECN reported that the prosecution stated that Eva called 911 to request emergency assistance despite being entrusted with caring for her mother. As a personal care attendant, Eva reportedly received over $140,000 from MassHealth for her purported caregiving services, while her niece, Kayla, acted as a surrogate, receiving a portion of Eva's payments.
According to the NECN report, Lisa Hamilton, the registered nurse involved in this case, was responsible for visiting Dinora at least once each week to evaluate her condition. Notably, just one week before Dinora’s hospitalization, Hamilton submitted a report indicating that Dinora was "clean, alert, and well-cared-for," and that her diabetes was under control. However, prosecutors revealed Dinora's diabetes had been entirely unmanaged, contradicting Hamilton’s observations. Experts consulted during the investigation indicated that the accumulation of insects and filth would have required several weeks to reach such an extreme state, raising further questions regarding the veracity of Hamilton's reports.
All three individuals were indicted on November 20 and made their initial court appearances at Brockton Superior Court on Friday, November 22. At that time, they each entered not guilty pleas. They are scheduled to return for a hearing on January 15, 2025.
Types of Abuse
The Brockton case underscores significant concerns regarding elder neglect, emphasizing the need for a comprehensive understanding of elder abuse, which can manifest in various forms beyond neglect alone. This abuse may encompass intimidation or threats directed at elderly individuals, instances of sexual exploitation, as well as financial exploitation. Below is a brief look at different categories of elder abuse that warrant attention and awareness from all stakeholders.
Physical Abuse - Elder abuse is defined as the intentional application of force toward an elderly individual that results in physical pain, injury, or a decline in their overall well-being. This form of abuse encompasses a variety of detrimental actions, including physical assaults such as hitting, pushing, or shoving. Additionally, it may involve the improper administration of medication, inappropriate use of restraints, or the confinement of the elderly individual against their will. Such actions not only inflict physical harm but may also lead to enduring psychological repercussions for the victim.
Emotional Abuse - The treatment of older adults may sometimes encompass actions that result in emotional or psychological distress. Such actions may include using intimidation through shouting or threats, subjecting individuals to humiliation or ridicule, and consistently placing blame or scapegoating them. Additional forms of mistreatment can entail neglecting the needs of elderly individuals, isolating them from social interactions or activities, or engaging in behaviors that are perceived as menacing or terrorizing. It is crucial to acknowledge that these actions are harmful and significantly detrimental to the well-being of older adults.
Sexual Abuse - This includes non-consensual contact with an older adult, which can include physical contact, showing pornographic materials, forcing them to watch sexual acts, or making them undress against their will.
Financial exploitation - Elder financial abuse refers to the unauthorized appropriation of an elderly individual’s funds or property, frequently perpetrated by caregivers or individuals engaged in fraudulent activities. Caregivers may exploit personal checks, misappropriate cash, or forge signatures, while prevalent scams targeting seniors include deceptive prize notifications, fraudulent charity solicitations, and implausible investment propositions. It is imperative to remain informed about these risks in order to safeguard the financial security of elderly individuals.
Elder Neglect - Neglecting care responsibilities constitutes a significant and widespread issue, accounting for over 50% of all recorded instances of elder abuse. This failure to provide adequate care may arise from various sources, including both intentional and unintentional actions. Contributing factors to this concerning phenomenon include a caregiver's lack of awareness regarding the specific needs of the elderly individual or an unwillingness to recognize and accept these needs. In such cases, it becomes essential for additional individuals to be involved in the care process or to provide the necessary oversight to ensure positive outcomes. Inadequate oversight not only endangers the well-being of older adults but also highlights the critical necessity for comprehensive training and education for caregivers. Such preparation is vital to equip caregivers with the requisite skills to effectively address the complex needs of those in their care.
Signs of Abuse
When visiting older adults in residential facilities or at home, it is imperative to remain vigilant for potential indicators of abuse or neglect. An older individual may be regarded as a victim of abuse if they exhibit certain signs, including noticeable withdrawal from social interactions or displays of agitation and aggression. Further indicators may include signs of trauma, such as repetitive rocking behavior, or unexplained marks on the skin, which may encompass pressure sores, bruises, burns, cuts, or scars. The emergence of preventable medical conditions, such as bedsores, is also of concern; these can arise when an individual remains in a fixed position for prolonged periods.
Additionally, one should assess the living conditions for hazards, unsafety, or unsanitary conditions. A disheveled appearance marked by unkempt hair, soiled clothing, or inadequate dental hygiene may also signal neglect. Furthermore, the absence of essential personal health care items, such as glasses, mobility aids, dentures, or hearing devices, should be noted. Lastly, sudden and unexplained financial losses or unpaid bills, particularly in the presence of adequate financial resources, may indicate financial abuse.
A Final Word
"Elder abuse is often perpetrated by individuals who are trusted, including family members, caregivers, or friends, although it may also involve strangers," stated Attorney Connelly. "This issue transcends demographic boundaries, with approximately one in ten older adults in the United States experiencing some form of abuse. During the pandemic, reports indicated that incidents surged to one in five. It is essential to promptly contact local authorities if there is a suspicion that an individual you know may be a victim of elder abuse. The case previously mentioned in our blog concerning the incident in Brockton may have resulted in a markedly different outcome had there been sufficient oversight in place."
Reporting Abuse
In Rhode Island, reports can be made to the Office of Health Aging or the Ombudsman's Office. In Massachusetts, contact the Elder Abuse Hotline; in Connecticut, contact the Coalition for Elder Justice.
Please note that the information provided in this blog is not intended to and should not be construed as legal, financial, or medical advice. The content, materials, and information presented in this blog are solely for general informational purposes and may not be the most up-to-date information available regarding legal, financial, or medical matters. This blog may also contain links to other third-party websites that are included for the convenience of the reader or user. Please note that Connelly Law Offices, Ltd. does not necessarily recommend or endorse the contents of such third-party sites. If you have any particular legal matters, financial concerns, or medical issues, we strongly advise you to consult your attorney, professional fiduciary advisor, or medical provider.
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