Elder Abuse and Neglect
Ana Rubio
Mistreatment of the elderly occurs in all societies, but the scope and manifestations are determined by social and cultural circumstances. In Western societies, the magnitude of the problem is currently increasing: heightened awareness has improved case detection, and the proportion of elders in the whole population is increasing, as life expectancy improves and birth rate decreases. With greater longevity, the average age of the old increases, and the oldest old, with more physical and psychological limitations, are more dependent and at higher risk of abuse and neglect. Today, more than 12% of the North American population is older than 65 years, and the proportion is expected to reach 20% by the year 2040.1 The increased number of elderly in need of care produces a strain on society as the proportion of potential caregivers decreases. Although mistreatment of the elderly can also be psychological, emotional, or financial, we will focus only on the physical forms of abuse and neglect, which, in the most severe instances, may result in death. One recent study showed an increase in total mortality in a cohort of abused elders compared with a cohort of nonabused, even after adjusting for confounders such as dementia and poor health.2 Most of the medical literature on mistreatment of the elderly is in the fields of geriatrics and emergency medicine; publications in forensic medicine are mainly confined to review articles or case reports. After a brief overview of the clinical literature, this chapter focuses on the forensic manifestations, and especially the forensic neuropathology, of elder abuse and neglect.
DEFINITION AND EPIDEMIOLOGY
The US Congress during the 70s and 80s held hearings on elder abuse, and reported the magnitud of the problem.3 The American Medical Association in 1992 defined and classified elder abuse and more recently, a panel of the National Academy of Sciences defined elder abuse and neglect as (1) intentional actions that cause harm or create a serious risk of harm (whether or not harm was intended) to a vulnerable elder by a caregiver or other person who stands in a trust relationship to the elder, and (2) failure by a caregiver to satisfy the elder’s basic needs or to protect the elder from harm.4, 5
As early as 1974, the federal government addressed elder abuse in Title XX of the Social Security Act, and Adult Protective Service Agencies were created in multiple individual states. Specific definitions and laws vary by state. A comprehensive summary of state laws is available.6
In clinical medicine, recognition and concern for elder abuse dates back to 1975, when the first articles on “granny battering” were published.7, 8 Elder mistreatment is primarily a social rather than a medical problem, and physicians, especially forensic pathologists, see only the tip of the iceberg of mistreatment. In common with child abuse, the most likely victims of elder abuse are both the most dependent and the least able to complain when abuse occurs. But unlike the young, who have a universal need for total care, the needs of the old are heterogeneous, and age per se does not imply dependency. The change from a healthy independent adult to an elderly individual in progressively greater need of care may not be seen or recognized by the elder, the relatives, the social circle surrounding him or her, or society at large. Individuals may not have, or want, relatives to help with their care, a caregiver may not be clearly defined, needs may not be identified or recognized, and the responsibility for protection from harm or neglect may not be easily adjudicated. Unless an elderly individual is declared incompetent, his or her decisions must be respected, even when those choices provide less than what is considered adequate care or protection.
The National Center on Elder Abuse estimated an incidence of 550, 000 cases of abuse or neglect occurring in domestic settings9 in 1996. The true incidence of elder mistreatment is unknown, but estimates calculated from the number of complaints indicate that between 700, 000 and 2.5 million people older than 65 years of age may be abused per year.10 Estimates of the prevalence of abuse in the elderly range from 2% to 8%, 11, 12, 13 but most experts believe that the prevalence is underestimated, as abuse is both under recognized and underreported.14 The National Center for Elder Abuse estimated that approximately 84% of cases are not reported.9 Despite increased awareness, economic support for the study of elder mistreatment is lacking. In 2002, funding for elder abuse research and programs was one-third that of programs for violence against women and little more than 2% of the funding provided for child abuse programs.15
Most states require physicians to report suspicious cases of elder abuse (contact information is available by state16, 17), but the actual number of physician-initiated complaints is low, and prosecution for not reporting is nonexistent.10 Physicians may not detect most victims of abuse even though they are seeing them as patients while they are suffering the abuse. Lachs et al.18 found that more than 60% of elder abuse victims had at least one visit (median of three) to the emergency department in a 7-year period, 15.4% had an injury-related hospital admission, 19.4% an injury-related discharge diagnosis, and most had at least one injury-related visit to the emergency room. A Michigan study showed that of all cases reported as suspicious for elder abuse during a 5-year period, 41% had been brought to attention by someone in the community, 26% by health care providers (not doctors), 5% by
law enforcement personnel, and only 2% by physicians.19 A 2002 study from a Paris suburb showed that physicians, even though they may see the victims repeatedly, rarely initiate reporting.20 A number of barriers prevent adequate reporting of suspicious cases. Physicians may be afraid of opening a Pandora’s box and of doing more harm than good when reporting cases13; they may be ignorant of reporting laws, unaware of resources, constrained for time, or concerned about offending their patients. Abuse is also underreported by victims themselves. For victims, barriers to reporting abuse may include a lack of recognition of the abusive situation, social isolation, the need to protect the abusive caregiver when the person is a relative, a sense of guilt or embarrassment for a situation that is considered private, feeling responsible for the abuse, and fear of retaliation from the care provider or the perceived threat of institutionalization as a final solution for the abuse.21, 22 In the majority (90%) of cases, the patient was abused by a person known to the victim in the domestic setting; in half of the cases, the perpetrator is either a son or a daughter, and in one of five cases, the spouse is the abuser.22.b Neglect is the most common form of elder mistreatment, 9 and its recognition is the most challenging, because it depends on poorly defined social expectations. Questions and an impetus for global soul-searching arose after several thousand elderly deaths followed a heat wave in Europe in the summer of 2003.23 Most deaths were due to dehydration and other complications of hyperthermia and resulted when elderly persons were left at home unattended while their relatives left the city for summer vacation. Abandonment is a type of neglect, but application of general principles to specific situations is challenging. The American Health Care Association has provided guidelines on elder abuse, 24 and specific guidance for abuse in institutions is available from the Interpretive Guidelines for Surveyors.25
law enforcement personnel, and only 2% by physicians.19 A 2002 study from a Paris suburb showed that physicians, even though they may see the victims repeatedly, rarely initiate reporting.20 A number of barriers prevent adequate reporting of suspicious cases. Physicians may be afraid of opening a Pandora’s box and of doing more harm than good when reporting cases13; they may be ignorant of reporting laws, unaware of resources, constrained for time, or concerned about offending their patients. Abuse is also underreported by victims themselves. For victims, barriers to reporting abuse may include a lack of recognition of the abusive situation, social isolation, the need to protect the abusive caregiver when the person is a relative, a sense of guilt or embarrassment for a situation that is considered private, feeling responsible for the abuse, and fear of retaliation from the care provider or the perceived threat of institutionalization as a final solution for the abuse.21, 22 In the majority (90%) of cases, the patient was abused by a person known to the victim in the domestic setting; in half of the cases, the perpetrator is either a son or a daughter, and in one of five cases, the spouse is the abuser.22.b Neglect is the most common form of elder mistreatment, 9 and its recognition is the most challenging, because it depends on poorly defined social expectations. Questions and an impetus for global soul-searching arose after several thousand elderly deaths followed a heat wave in Europe in the summer of 2003.23 Most deaths were due to dehydration and other complications of hyperthermia and resulted when elderly persons were left at home unattended while their relatives left the city for summer vacation. Abandonment is a type of neglect, but application of general principles to specific situations is challenging. The American Health Care Association has provided guidelines on elder abuse, 24 and specific guidance for abuse in institutions is available from the Interpretive Guidelines for Surveyors.25
RISK FACTORS
Analyses of proven cases have identified risk factors for abuse or neglect. Risk factors have been classified regarding characteristics of the victim or characteristics of the perpetrator.26, 27
Victim Characteristics
There are three strong risk factors based on the characteristics of the victim: age, mental illness, and a shared living arrangement between the abused and the perpetrator. The older a person is, the most likely that person is to be mistreated, in part because of confounding variables such as worsening health and increased dependency. Dementia and depression, both highly prevalent among elders, are present in almost half of victims23; the more severe the dementia, the more likely the person is to be abused.11 Social isolation is another risk factor, likely a surrogate of one or more of the previously defined risk factors (such as depression, dementia, or living arrangements). Other risk factors have not been observed consistently in all studies. Physical illness (the sicker and more dependent a person is, the more likely he or she may be abused) has been shown to be a factor in some but not all studies. Although the number of reported cases is higher in urban populations, the prevalence may actually be higher in rural areas.28 The effect of gender is not clear: although men may be at increased risk for abuse, there is a reporting bias toward women. Low socioeconomic status itself may be a risk factor, although minorities and poorer people have an increased likelihood to have more direct contact with welfare agencies, and the increase in reporting may be due to detection bias.21
Perpetrator Characteristics
The risk factors based on the characteristics of the perpetrator are more influential than those of the victim.29 The most common risk factors identified are history of alcohol or substance abuse in the perpetrator, financial and emotional dependency of the caregiver on the elder, and caregiver’s mental illness.27 Other risk factors less strongly associated with abuse or neglect include unemployment, exhaustion, and stress (whether at home, as a result of increasing care requirements, or in institutions, as a result of poor staffing or poor training).
Elder Mistreatment Among Institutionalized Patients
Most studies of elder abuse have examined people living at home. Systematic studies of elder abuse among institutionalized individuals are lacking. Nursing home residents are sicker and more dependent than their peers living at home, and are more susceptible to traumatic injuries than noninstitutionalized individuals. A study of violent injuries among nursing home residents in Massachusetts showed that cognitive impairment was also a risk factor for injuries among institutionalized individuals.30 A report from the United Kingdom indicated that as many as 12% of reports of mistreatment were from nursing home residents, whereas 67% were from individuals living at home.31 Also in the United Kingdom, a detailed report of the kinds of mistreatment seen in a single nursing home ranged from verbal threats and intimidation, to withholding drinks, giving cold baths, or tying up, and slapping patients.32 In the United States, approximately 5% of people older than 65 years of age live in nursing homes, and in addition to the types of abuse seen at home—such as physical, emotional, and financial abuse; neglect; social isolation; and physical restraint—other forms of mistreatment more specific to institutionalized subjects include lack of a health care plan or lack of respect for the wishes of competent individuals.33 In addition to mistreatment of the elderly by nursing home personnel, caregivers have reported a relatively high frequency of violence among the institutionalized patients themselves (Case 21.1), 30, 34 with reports of patients being pushed out of bed, for example. Accidental head injuries are common among institutionalized elders (estimated to be three times higher than elders living at home), with an average of 1.5 falls per nursing home bed per year.35 The most serious but rare form of elder abuse is that of a serial killer involved in the homicide of the elderly or the sick in hospitals and nursing homes.36 In most of the reported cases, the perpetrator has some degree of medical knowledge, and the most common mechanisms of death are cardiac arrest after the administration of a medicine or toxic substance, or suffocation. These homicides are difficult to detect and demonstrate. The victims are usually sick and are expected to die, and the signs and symptoms may be absent or simulate a natural disease process. Lacking a confession, only a systematic review of death rates coinciding with times when the suspect was at work may suggest malfeasance.
AGING AND TRAUMA
Aging is accompanied by a progressive loss in function, and as function declines, the boundaries between health and disease become blurred. The three most common types of accidental traumatic injuries in the elderly are falls, injuries suffered as drivers or passengers of motor vehicles, and those caused when pedestrians are hit by cars. Most falls are from a standing position, not from great heights, and 10% to 25% of them may result in significant
injury. Of all the falls resulting in death, 70% occur in geriatric patients, 37 and injuries resulting from falls are the sixth leading cause of death in the elderly.38 A study with a follow-up period of a year found that elderly individuals were four times more likely than younger adults to die after a fall.39 More than one-third of all cross-walk fatalities occur in the elderly.1 Reasons for the increased prevalence of pedestrian accidents among the elderly include eyesight and confusion about traffic regulations.39
injury. Of all the falls resulting in death, 70% occur in geriatric patients, 37 and injuries resulting from falls are the sixth leading cause of death in the elderly.38 A study with a follow-up period of a year found that elderly individuals were four times more likely than younger adults to die after a fall.39 More than one-third of all cross-walk fatalities occur in the elderly.1 Reasons for the increased prevalence of pedestrian accidents among the elderly include eyesight and confusion about traffic regulations.39
Case 21.1
A resident of an assisted living facility was witnessed pushing her walker into an 89 year-old woman while arguing over a vacant chair. The victim stumbled backward, striking her head against a wall before falling to the ground. After the fall she reported head and back pain, and within 5 minutes she became unconscious, after exhibiting seizure-like activity. She was transported to the emergency department of a local hospital, where she was pronounced dead 48 minutes after the original incident. At autopsy, traumatic injuries were limited to facial abrasions and scalp contusions. Additional findings included hypertensive atherosclerotic cardiovascular disease and Alzheimer type neuropathologic changes. The death was certified as cardiac arrhythmia resulting from hypertensive atherosclerotic cardiovascular disease complicated by assault, and the manner of death was certified as homicide.
Some of the physiopathologic changes of aging may simulate or obliterate signs of mistreatment.1, 22, 37 Specifically, the following have been noted with aging:
Increased vulnerability to trauma. Comparing elderly with nonelderly individuals who underwent computed tomography examinations after blunt head trauma, 20% of the elders had positive findings compared with 13% of nonelders (risk ratio of 1.58).40 Decreased eyesight and worsening balance, for example, increase the number of falls in the elderly; poor hearing increases the risk of being hit by a car; thinning of the epidermis, and loss of elastic fibers, subcutaneous tissue, fat, and muscle mass result in decreased protection from blunt injuries.
Increased likelihood of suffering injuries after traumatic events. Slowness of reflexes may prevent avoiding falls or not being able to break a fall; shrinkage of the brain increases the risk of subdural hematoma after minimal trauma, for example.
Greater incidence of more serious and occult traumatic injuries. Traumatic injuries are clinically more serious, and are more likely to be clinically occult, as cerebral atrophy may allow the formation of a progressive intracranial mass (such as a hematoma) without neurologic signs.41 The most significant risk factor for an elderly person to need hospitalization is a history of trauma.37 Osteoporosis increases the risk for long bone and rib fractures and pulmonary contusions secondary to rib fractures. Coagulopathy or therapeutic anticoagulation worsens the bleeding of acute, and the rebleeding of chronic, subdural hematomas.41
Decreased awareness of suffered injuries, so that elders may not feel the need to seek help in a timely manner. Reasons for the lack of awareness include decreased proprioception and a lower cognitive state.
Loss of adaptability of the physiologic response mechanisms, increasing the incidence of syncope, dehydration, and side effects of medicines. Aging has been defined as the “decline in the ability of an organism to maintain homeostasis under conditions of physiological stress.”42
ELDER ABUSE IN CLINICAL MEDICINE
To diagnose abuse, clinicians must consider it in the differential diagnosis. The literature emphasizes the need to educate physicians in the detection of elder abuse and in the laws for mandatory reporting. According to some investigators, 43 the current state of research in elder abuse is where child abuse was 30 or 40 years ago. There is no general agreement among the medical community regarding what constitutes abuse or neglect, there is no gold standard for the diagnosis, 44 and the umbrella term “inadequate care” has been used.22.b The most recognizable forms of abuse are physical abuse and serious neglect. Physical abuse is the deliberate infliction of harm, and includes not only striking with objects, most commonly the perpetrator’s hands, but also rough handling, pushing, force-feeding, and using physical or chemical restraint. Neglect may be active or passive. It is defined as the failure of the caregiver to provide for the needs of the elder (hydration, nutrition, clothing, and daily living activities) as well as to protect from harm (safety measures). Physical findings are not pathognomonic of abuse or neglect, and physical or emotional illnesses and accidental injuries may show signs similar to inflicted injuries or neglect. For example, an elderly individual was admitted to the hospital with an inflicted cardiac contusion masquerading as a myocardial infarction by clinical history and laboratory analysis45; another case report was that of a woman presenting with repeated bouts of hypoglycemia as the result of Munchhausen by proxy.46 When the physician suspects elder abuse on the basis of clinical history or physical findings, the diagnosis may be aided by observing the victim, the care provider, and their interaction, including the body language and eye contact, and by comparing the clinical history given by the patient with information provided by the caregiver.13