2003.elder Abuse and Neglect Social Problems Revealed From 15 Autopsy Cases

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Legal Medicine 5 (2003) 7–14

www.elsevier.com/locate/legalmed

Elder abuse and neglect:


social problems revealed from 15 autopsy cases
Kayoko Akazaa, Yasuo Bunaia,*, Masatake Tsujinakaa, Isao Nakamuraa, Atsushi Nagaia,
Yukiyoshi Tsukatab, Isao Ohyac
a
Department of Legal Medicine, Gifu University School of Medicine, Gifu 500-8705, Japan
b
Department of Bioethics and Social Medicine, Graduate School of Medicine, Gifu University, Gifu 500-8705, Japan
c
Department of Legal Medicine, Graduate School of Medicine, Kanazawa Medical University, Ishikawa 920-0293, Japan
Received 10 December 2001; received in revised form 10 August 2002; accepted 23 August 2002

Abstract
This study examined the elder abuse cases that occurred in Gifu Prefecture, Japan between 1990 and 2000. We conducted a
retrospective study of all the cases in which the victim was 65 years or older and autopsied in the Department of Legal Medicine, Gifu
University School of Medicine. Fifteen victims were classified as elder abuse victims: five men and ten women. The victims ranged
in age from 66 to 87 years (mean age, 74.5 years). The types of abuse were as follows: physical abuse, 13 cases; emotional abuse, five
cases; neglect, four cases; and financial abuse, three cases. In eight cases, the victims were subjected to two or more types of abuse.
The cause of death of the victims varied with the type of abuse. In the physical abuse cases, subdural hemorrhage was the most
common cause, followed by other violence-related deaths and hypothermia. In the neglect cases, the victims died of either starvation
or suffocation after the aspiration offood into the airway. In the domestic abuse cases, one of the victim’s sons was the most common
perpetrator, and little or no income was considered to be a risk factor for perpetrators. In the neglect cases, dementia and difficulty in
performing activities of daily living were considered to be risk factors for victims, in addition to living in social isolation.
q 2002 Elsevier Science Ireland Ltd. All rights reserved.
Keywords: Forensic autopsy; Elder abuse; Elder neglect

1. Introduction gradually come to recognize this problem, and many


reports of this recently recognized form of violence
Elder abuse is the most recent violence issue to have appeared in the United States [4 – 15], Canada
gain the attention of the public and the medical [16 –18] and Europe [19 – 22]. The authors of the
community. Child abuse received significant attention United States studies have estimated that between
in the 1960s and domestic violence in the 1970s [1], 700,000 and 2,500,000 older Americans are abused
but elder abuse was not described in medical literature each year [12]. The National Elder Abuse Incidence
until, 1975, when two reports of ‘granny battering’ Study (NEAIS) conducted by the National Center on
appeared [2,3]. Since then, the medical profession has Elder Abuse at the American Public Human Services
Association suggested that as many as 688,948 or as
few as 210,900 older persons aged 60 years and over
* Corresponding author. Tel.: þ81-267-2250; fax: þ 81-267-
2957. may have been the victims of abuse and/or neglect in
E-mail address: bunaiy@cc.gifu-u.ac.jp (Y. Bunai). domestic settings in 1996 [15]. By contrast, reports on
1344-6223/02/$ - see front matter q 2002 Elsevier Science Ireland Ltd. All rights reserved.
doi:10.1016/S1344-6223(02)00172-4
8 K. Akaza et al. / Legal Medicine 5 (2003) 7–14

elder abuse in Japan are rare, and little is known about Physical abuse was the most common type of elder
the actual situation [23]. In Japan, the social concept abuse, followed by emotional abuse, neglect, and
that older persons should be treated with great care by financial abuse (Table 1). No cases of sexual abuse
family and medical staff is widely held, and elder occurred in this study. In eight cases, the victims were
abuse has been thought to occur only on rare subjected to two or more types of abuse.
occasions. Nevertheless, elder abuse has occurred in The cause of death in the elder abuse victims
Japan and is a major hidden social problem. In this varied with the type of abuse (Table 1). Among the
report, we describe 15 cases of elder abuse that victims of physical abuse, subdural hemorrhage was
occurred in Gifu Prefecture, Japan. the most common cause of death (six out of 13 cases),
followed by other violence-related deaths and
hypothermia. An 80-year-old woman committed
2. Materials and methods suicide by drowning after being subjected to physical
and emotional abuse. Victims of neglect died of either
We conducted a retrospective review of autopsy starvation or suffocation after the aspiration of food
cases examined at the Department of Legal Medicine, into their airway.
Gifu University School of Medicine, between 1990 Thirteen of the 15 elder abuse cases were domestic,
and 2000 in which the subjects were 65 years old or and a son of the victim was the most common
older. We found 125 cases (63 males and 62 females) perpetrator, followed by a grandchild, daughter-in-
in our search. The investigative reports, autopsy law, or son-in-law. In one case, the perpetrator(s) was
findings, and toxicological analysis of all 125 cases not identified, despite the fact that the female victim
were reviewed, and 15 cases were classified as elder had obviously been subjected to domestic elder abuse.
abuse or neglect, according to the definition of elder In the ten cases where the victim’s son or grandchild
abuse by the National Aging Resource Center on was the perpetrator, eight of the perpetrators were
Elder Abuse (NARCEA) of the United States [24]. unemployed and had little or no income. Four of the
The cases of elder abuse were subclassified into seven perpetrators in the domestic elder abuse cases had a
categories, according to the NARCEA definitions: mental illness, and two were chronic alcoholics.
physical abuse, emotional abuse, financial abuse, Among the neglect cases, two victims had devel-
sexual abuse, neglect, self-neglect, and oped dementia and had some difficulty with their
miscellaneous. ADLs, with or without physical impairments. In the
In principle, obvious homicides were excluded other neglect cases, the victims became unable to
from the study; however, two homicidal cases were perform their ADLs because of trauma caused by
included because the autopsies revealed evidence of repeated physical abuse.
physical abuse.
3.1. Case reports

3. Results 3.1.1. Case 1


A 76-year-old woman was found dead in her
Our research revealed 15 victims of elder abuse bedroom by a relative. She had undergone an
who died in Gifu Prefecture, Japan, between 1990 and operation for proctoptosia and had used diapers
2000. During this period, all medico-legal autopsies in because of scatacratia since then. When she was
Gifu Prefecture were performed at the Department of discharged from the hospital, she weighed 36.5 kg.
Legal Medicine, Gifu University School of Medicine. She did not show any signs of dementia and could
The ages of the victims ranged from 66 to 87 years, walk holding a handrail. She lived with her son’s
with a mean age of 74.5 years. The male to female family. Her daughter-in-law had been her only
ratio was 1:2. Five victims had difficulty performing caregiver, but the daughter had held a grudge against
activities of daily living (ADLs) because of dementia the deceased because the deceased had a dominant
and/or physical disturbances, but the other victims had personality and had tried to control the family’s
no difficulty with their ADLs. activities prior to undergoing her operation. Her son
Table 1
Elder abuse victims in Gifu Prefecture from 1990 to 2000a

Case Age (years) Sex Cause of death Dementia Perpetrator(s) Income of Psychological Physical Neglect Emotional Financial

K. Akaza et al. / Legal Medicine 5 (2003) 7–14


of victim perpetrator abnormality of abuse abuse abuse
perpetrator

1 76 F Starvation 2 Daughter-in-law and son þ 2 þ þ


2 81 F Hypothermia 2 Son 2 Alcoholism þ þ þ
3 67 F SDH 2 Son 2 2 þ þ
4 73 M Suffocation1 þ Sons þ 2 þ
5 84 F Suffocation1 þ Son-in-law þ 2 þ þ þ
6 72 F SDH 2 Son 2 Alcoholism þ þ
7 74 F SDH þ Daughter-in-law þ Amentia þ þ
8 80 F Drowning 2 Unknown þ þ
9 71 F SDH 2 Grandson 2 2 þ
10 73 F Suffocation2 2 Son 2 Schizophrenia þ
11 76 F Fire (homicidal) 2 Grandson 2 Schizophrenia þ
12 87 M Strangulation 2 Son 2 Schizophrenia þ
13 71 M SDH 2 Son 2 2 þ
14 67 M TICH 2 Neighbor þ 2 þ þ
15 66 M TP 2 Others þ 2 þ
a
SDH, subdural hemorrhage; Suffocation1, aspiration of gastric content; Suffocation2, aspiration of blood from laryngeal injury; TICH, traumatic intracranial hemorrhage; TP,
traumatic pneumothorax.

9
10 K. Akaza et al. / Legal Medicine 5 (2003) 7–14

had taken little care of her. When she was found dead, subdural hemorrhages. The cause of death was
the carpet was soiled with stool and some pieces of determined to be subdural hemorrhage.
dried bread had been left in the room. A criminal proceeding was instituted against the
At autopsy, the subject weighed 27.2 kg and was son.
severely emaciated. Bedsores were observed on the
right side of her body, but no evidence of trauma was 3.1.4. Case 4
detected. Little food residue was found in the A 73-year-old man with dementia had been given
alimentary tract. The organs revealed no pathological only a little food over a period of 2 weeks. On one
changes. The cause of death was determined to be occasion, his two sons forced him to eat some food,
starvation. and he suffocated while eating. His sons left the
Neglect was strongly suspected in this case. corpse for 19 days.
However, no criminal action was taken against the An autopsy revealed food in the trachea. The body
family because the police could not completely rule was malnourished, but no injuries were found. The
out self-neglect. cause of death was determined to be suffocation.
Neglect was strongly suspected in this case.
3.1.2. Case 2 However, no criminal action was taken against the
An 81-year-old woman was found dead in bed. The sons because the police could not completely rule out
bed was wet with urine. She had lived with her son, self-neglect.
who was 56 years old and had been unemployed for 15
years after leaving his position as a teacher because of 3.1.5. Case 5
alcoholism. Four days before her death, she discovered An 84-year-old woman with dementia had been
that her clothes and rings were missing, and she physically and emotionally abused by her daughter
accused her son of stealing them. At that time, she was and son-in-law. During winter, she was left outdoors
beaten by the son so severely that she could not stand by her son-in-law because she spilt soup on her
up and remained in bed. The day before her death, one clothes. About 1 h later, the son-in-law found her
of her son’s friends heard her speak with her son. After lying near his house in an unconscious state. He
beating her, the son gave her food a few times. warmed her and violently put food in her mouth.
An autopsy revealed severe subcutaneous hemor- However, she died.
rhages in the head, face, and body. Fresh and old rib An autopsy revealed fresh and old subcutaneous
fractures were also observed, but no evidence of hemorrhages throughout the corpse and food in the
intracranial or organ injury was found. The stomach mouth and trachea. The cause of death was deter-
showed multiple small erosions. The cause of death mined to be suffocation.
was determined to be fatal hypothermia. No criminal proceedings were instituted against
The police interviewed the son, but no criminal the son-in-law.
proceedings were instituted.
3.1.6. Case 6
3.1.3. Case 3 A 48-year-old man beat his 72-year-old mother
A 67-year-old woman was subjected to more than 20 while he was under the influence of alcohol. Then she
blows to the head and face and more than ten kicks to her became unconscious and was found dead the next
body by her son. The son was 32 years old and morning. The son had been unemployed, and the
unemployed. After the beating, she complained of mother had been taking care of him.
vomiting and was taken to a hospital. On admission, a An autopsy revealed fresh subcutaneous hemor-
computed tomography examination revealed a right rhages in the head and face and a subdural
subdural hemorrhage, and she died 36 h later. She had hemorrhage. Old subcutaneous hemorrhages were
been the victim of violence for 4 years and had consulted also observed in the face. The cause of death was
a physician, but no help had been offered to her. determined to be subdural hemorrhage.
An autopsy revealed severe subcutaneous hemor- A criminal proceeding was instituted against the
rhages throughout the corpse and both fresh and old son.
K. Akaza et al. / Legal Medicine 5 (2003) 7–14 11

3.1.7. Case 7 3.1.11. Case 11


A 74-year-old woman was the victim of violence A man poured kerosene on his 76-year-old grand-
from her daughter-in-law. The victim fell unconscious mother and set her fire on. The grandson suffered from
and died in hospital 2 weeks later. The relationship schizophrenia and had been unemployed.
between the victim and her daughter-in-law had been An autopsy revealed fresh subcutaneous hemor-
poor and they had frequently quarreled. rhages suggesting that the victim had been the victim
An autopsy revealed severe subcutaneous hemor- of violence prior to her death. Burns on the airway
rhages in the head and face and a subdural were apparent. The cause of death was determined to
hemorrhage. The cause of death was determined to be asphyxiation from fire.
be subdural hemorrhage. The grandson was admitted to a psychiatric
A criminal proceeding was instituted against the hospital.
daughter-in-law.
3.1.12. Case 12
3.1.8. Case 8 An 87-year-old man quarreled with his son about
An 80-year-old woman who had been living with the selection of a television program and was killed by
her husband, son and daughter-in-law ran away from ligature strangulation. The son suffered from schizo-
home and committed suicide by drowning. phrenia and had been unemployed.
An autopsy revealed findings typical of drowning An autopsy revealed a ligature mark on the neck.
and severe subcutaneous hemorrhages in the head and The cause of death was determined to be ligature
face. strangulation.
Domestic elder abuse was suspected in this case, The grandson was admitted to a psychiatric
but the perpetrator(s) was not specified. hospital.
3.1.9. Case 9
3.1.13. Case 13
A 21-year-old man beat his 71-year-old grand-
mother while he was under the influence of alcohol. The A 71-year-old man was the victim of violence from
victim fell unconscious and was sent to a hospital. She his son because the victim had decided to sell his
died 3 days later. The perpetrator had been unemployed, house without consulting the son. After the violent
and the victim had been taking care of him. episode, the victim fell unconscious and died in
An autopsy revealed severe subcutaneous hemor- hospital 12 days later. The son had been unemployed.
rhages throughout the corpse and a subdural hemor- An autopsy revealed severe subcutaneous hemor-
rhage. The cause of death was determined to be rhages in the face and a subdural hemorrhage. The
subdural hemorrhage. cause of death was determined to be subdural
A criminal proceeding was instituted against the hemorrhage.
grandson. A criminal proceeding was instituted against the
son.
3.1.10. Case 10
A 73-year-old woman was killed by her son. The 3.1.14. Case 14
son had thrust his hand into her mouth and severely A 67-year-old man was the victim of violence from
injured the laryngeal wall. The son suffered from a neighbor and died in hospital. The neighbor was a
schizophrenia and was unemployed. The victim had 27-year-old man who had often quarreled with the
been taking care of him. victim.
An autopsy revealed subcutaneous hemorrhages in An autopsy revealed subcutaneous hemorrhages
the face, a fractured nasal bone, and a severely injured throughout the corpse and a skull fracture. Epidural,
laryngeal wall. The airway was filled with blood. The subdural and subarachnoid hemorrhages and cerebral
cause of death was determined to be suffocation from contusions were also observed. The cause of death
the aspiration of blood. was determined to be traumatic intracranial
The son was admitted to a psychiatric hospital. hemorrhage.
12 K. Akaza et al. / Legal Medicine 5 (2003) 7–14

A criminal proceeding was instituted against the thought to be reported more often than that of men,
neighbor and he was sentenced. because the severity of the injury is usually greater
[4]. The high incidence of abuse in women based on
3.1.15. Case 15 the autopsy cases in the present study may also reflect
A 66-year-old man was the victim of violence from the above idea. Neglect is defined as the refusal or
two young men and a young woman and died from his failure to fulfill any part of a person’s obligation or
injuries. The young men and the woman were duties to an older person, and is also a common type of
strangers to the victim. elder abuse. In some reports, neglect has been the
An autopsy revealed subcutaneous hemorrhages most frequent type of abuse, and followed by physical
throughout the corpse, multiple rib fractures and and emotional abuse [13,15]. Older persons who have
bilateral pneumothorax. The cause of death was difficulty performing ADLs have a higher risk of
determined to be traumatic pneumothorax. becoming victims of neglect, particularly if their
Criminal proceedings were instituted against the problem involves eating [4,8,11]. The victims of
young men and the woman and they were sentenced. neglect in the present study exhibited dementia and/or
physical impairments.
Various risk factors for elder abuse, including
4. Discussion psychological health, have been described with regard
to both the victims and the perpetrators. Poverty [11]
The definitions and terminology related to elder and high alcohol consumption by the perpetrator [19]
abuse vary considerably among researchers and are considered to be risk factors of elder abuse. The
among the laws of different countries and states in physical and mental health and the functional ability
the United States [12]. Even the minimum age for of the victims are also considered to be risk factors for
inclusion in the geriatric category is debated. In some physical abuse [4,8,11]. The classic image of elder
studies, the category has been defined as 65 years of abuse is described by the caregiver-stress hypothesis,
age or older [5,7,11], while in other studies it has been in which the older person becomes increasingly
defined as 60 years of age or older [15 –18,20]. Many dependent on the caregiver for physical, emotional
authors have defined four types of elder abuse: and financial needs, and the caregiver slowly but
physical, emotional, financial, and neglect. However, steadily becomes overburdened and resentful of the
other types of abuse have also been described. elder’s demands, eventually lashing out or with-
NARCEA has proposed seven categories of elder holding the basic needs from the older person.
abuse, consisting of the four noted above plus self- However, such relationships, which create more
neglect, sexual abuse, and miscellaneous [24]. NEAIS caregiver stress and anger, do not increase the
has also proposed seven elder abuse categories, incidence of elder abuse [6,12]. Abuse is more
including the four noted above plus self-neglect, strongly correlated with the financial and emotional
sexual abuse, and abandonment [15]. dependence of the caregiver on the older victim [15].
Physical abuse is defined as the use of physical Such dependence is often the result of an underlying
force that may result in bodily injury, bodily pain or problem of the caregiver, such as alcoholism, legal
impairment and is a common type of elder abuse. In difficulties, psychiatric condition or deviant behavior
the present study, 13 of the 15 victims were subjected [5,12,16,19]. Neglect is also associated with socially
to physical abuse, and nine of these victims were dysfunctional caregivers [19]. Older persons who live
female. Emotional abuse is defined as the infliction of in social isolation are more frequently abused [15].
anguish, emotional pain or distress, and is another Abuse sometimes occurs in families where the older
common type of elder abuse. In our study, five victims person has a dominant personality and the activities of
were subjected to emotional abuse and four of them child(ren) are strictly controlled and decided by the
were female. Women have traditionally been thought parent [22]. Children or grandchildren who are
to be the most common victims of abuse [5,12,16]. unemployed, depend financially and mentally on an
However, some large surveys have found no gender- elder, and live in social isolation have a high risk of
related differences [4,8,11,15]. The abuse of women is becoming perpetrators [6,11,19]. Among the present
K. Akaza et al. / Legal Medicine 5 (2003) 7–14 13

cases, four female victims who were subjected to grandmother on a mountain because of poverty.
physical abuse and/or neglect by an unemployed son However, elder abuse has been ignored in Japan and
had been taking daily care of the son and had has not been openly discussed either socially or
supported him financially. They also lived in social medically. In the present paper, we have reported 15
isolation. In these cases, the victims probably autopsy cases of elder abuse victims that occurred
tolerated and/or accepted abuse with resignation. In between 1990 and 2000 in Gifu Prefecture, where
such situations, it may be difficult for the victims to approximately 2,050,000 – 2,100,000 individuals
break the cycle of abuse and the perpetrator’s lived during that period. Today, child abuse and
dependency on the victim without the help of others. domestic violence are attracting attention and are
The education level of the perpetrator does not seem discussed as major social problems in Japan. How-
to be risk factor [10,22]. This idea is supported by our ever, there were 35 autopsy cases of domestic
case 2, in which the perpetrator had graduated from violence and only ten autopsy cases of child abuse
university and been on the teaching staff of a high in Gifu Prefecture during the above period. The
school for 20 years. number of autopsy cases for child abuse was fewer
Large community-based trials have revealed cer- than that for elder abuse. The iceberg theory should
tain patterns of abuse. Neglect was commonly always be kept in mind whenever elder abuse, child
experienced by those who had no one to ask for abuse, or domestic violence are discussed. This theory
help [17], lived alone [17], or were in poor health [6]. states that the reporting sources only receive infor-
Living with someone increased the risk of physical mation on the most visible types of abuse and neglect,
and emotional abuse [17]. Financial abuse was more while a large number of other incidents remain
common among those who had no one to turn to or unidentified and unreported [15]. The present cases
who lived alone [17]. represent the severest type of elder abuse and neglect,
One of the difficulties with regard to elder abuse is and a considerably larger number of unreported elder
that some abused elders do not disclose their abuse abuse cases are thought to occur in Gifu Prefecture. A
and remain silent. Their reasons for not speaking out nationwide survey of elder abuse and neglect is
may include fear for their personal safety or that of needed to reveal the presence of elder abuse in Japan,
others, isolation from their family, threats of institu- and the creation of laws to prevent elder abuse is
tionalization, family break-up, or the withdrawal of considered to be one way of dealing with these abuse
the services by caregivers who abuse them. Shame cases.
over having raised an abusive child may be another
reason for their silence, and older victims sometimes
blame themselves for the abuse or deny that the
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