Elder Abuse Lawsuit
Elder abuse refers to the neglect, or exploitation of an elderly person. All concerned citizens (non-mandated reporters) are encouraged to make reports of suspected elder neglect, but they are not required to do so by the law. All reports are confidential, no names are given, and there is protection from civil and criminal liability if a report of elder neglect is made in good faith.
If you or a loved one has suffered a personal injury as a result of elder abuse, then you may have grounds for a lawsuit which can help provide financial compensation for any injuries, as well as for associated losses like hospital bills and pain and suffering. If you do plan on filing a lawsuit, its recommended that you consult with an experienced elder neglect lawyer who can advise you of your legal rights.
Causes of Elder Abuse
There are several types of elder abuse cases. The most common types where you might want to consider hiring a lawyer would be:
- Domestic Elder Abuse – the neglect of the elderly by a member of his or her family.
- Institutional Elder Abuse – the neglect of the elderly by the staff of a nursing home facility.
- Self-neglect – behavior on the part of an older person that places his or her health and safety at risk.
Types of Elder Abuse
There are several types of elder abuse. Some of the most common types of abuse where you might want to consider hiring a lawyer would be:
- Physical Abuse – hitting, denial of food or water, and excessive use of restraints are all ways that the elderly are physically abused.
- Psychological or Emotional Abuse – isolation, verbal assault, and humiliation are all ways that the elderly are psychologically or emotionally abused.
- Financial Abuse – cashing an elderly person’s check without their permission, forging their signature, stealing their money or possessions, and abusing guardianship or power of attorney are all ways that the elderly are financially abused.
- Neglect – failure to provide food, water, shelter, clothing and other necessities are ways that the elderly are neglected.
- Abandonment – deserting an elderly person at a public place such as a shopping mall, hospital, or nursing home is defined as abandonment.
Nursing Home Abuse
Today there are nearly 1.5 million Americans who live in a nursing home. With the retirement of the Baby Boomers, it is predicted that this number will increase dramatically in the coming years. Unfortunately, as that number rises, so does the likelihood that our elderly loved ones will be victims of nursing home abuse.
More than half of American nursing homes are below the suggested minimum staffing level for nurses’ aides. Unfortunately, many of these nurses’ aides are the lowest paid and least trained of all nursing home staff, but are oftentimes the ones primarily responsible in caring for the elderly. Other than low and under-trained staff, other factors such as heavy workloads and low pay employees are other issues that contribute to nursing home abuse.
If you suspect nursing home negligence and want to pursue a legal claims its important that you find a lawyer that specializes in these types of cases in order to ensure the best possible outcome. Learn more.
Common Injuries Sustained from Elder Abuse
Some common injuries sustained in elder abuse cases include:
- Broken bones
- Traumatic brain injury
- Neck injury
- Spinal cord injury
Reporting Elder Abuse
There are several groups of people that by law must report elder abuse to the proper authorities:
- Law enforcement officers
- Adult Protective Services employees
- Health care providers
- Dependent care custodians – this includes nursing home employees and hospice care employees
Elder abuse can be reported to Adult Protective Services and other law enforcement agencies.
Filing a Lawsuit
If you suspect elder neglect you may be able to file a lawsuit. Filing an elder abuse lawsuit is an effective means of redressing the grievances of the elderly victim. By filing a claim, your lawyer may be able to obtain compensation for any injuries for negligence, medical expenses, pain and suffering by the victim.
Contact a Lawyer
If you or a loved one are a victim of elder abuse, contact a lawyer to learn more about your legal rights. A lawyer can advise you of what steps to take to remedy the situation. The time to file your claim maybe limited so don’t delay. Contact an experienced elder abuse lawyer today!