OTLA Trial Lawyer Winter 2022

39 Trial Lawyer • Winter 2022 real, and can be documented. It just almost never is. That is part of why these cases are so important to bring. Sexual abuse or exploitation should be the most expensive thing a facility ever allows to happen on its watch. Faith Morse specializes in personal injury, nursing home abuse and traumatic brain injuries. She is a member of the OTLA Guardians of Civil Justice at the Guardians Club level. Morse is a partner at Andersen Morse & Linthorst, PC, 1730 E McAndrews Rd., Medford, OR 97504. She can be reached at faith@andersenlaw.com or 541-773-7000. 1 https://www.npr.org/2019/05/23/726207219/ disabled-woman-who-gave-birth-at-care-facilitymay-have-been-impregnated-before 2 Shapira EZ. Elder abuse: Society’s forgotten i ssue. General Dent i s tr y. 2000 Sept . / Oct.48(5):490—492. 3 https://www.who.int/news-room/fact-sheets/detail/ elder-abuse 4 Hawes C. “Elder Abuse in Residential LongTermCare Settings: What Is Known andWhat Information Is Needed?” In: National Research Council (US) Panel to Review Risk and Prevalence of Elder Abuse and Neglect; Bonnie RJ, Wallace RB, editors. “Elder Mistreatment: Abuse, Neglect, and Exploitation in an Aging America.” Washington (DC): National Academies Press (US); 2003. 14. Available from: https://www.ncbi.nlm.nih.gov/books/NBK98786/ 5 Chang ES, Levy BR. “High Prevalence of Elder Abuse During the COVID-19 Pandemic: Risk and Resilience Factors.” Am J Geriatr Psychiatry. 2021 Jan 19:S1064-7481(21)00018-X. doi: 10.1016/j.jagp.2021.01.007. Epub ahead of p r i n t . PMID: 33518464 ; PMCID: PMC8286979. 6 Pamela B. Teaster, PhD, Karen A. Roberto, PhD, “Sexual Abuse of Older Adults: APS Cases and Outcomes,” The Gerontologist, Volume 44, Issue 6, December 2004, Pages 7 8 8—7 9 6 , h t t p s : / / d o i . o r g / 1 0 . 1 0 9 3 / geront/44.6.788 7 Always a question with lawyers, right? 8 https://www.nytimes.com/2007/11/18/ weekinreview/18zernike.html?module=inline 9 Johnson C et al. Challenges associated with the definition and assessment of inappropriate sexual behavior amongst individuals with an acquired neurological impairment. Brain Injury 2006;20:687-693. See also Tsatali M et al. “The Complex Nature of Inappropriate Sexual Behaviors in Patients with Dementia: Can We Put it into a Frame?” Sex Disabil 2011;29:143156.