Legal grounds for elder abuse claims run the gamut from simply failing to prevent bedsores to claims of sexual abuse and worse. Unfortunately, many of the cases that end up going to court are wrongful death cases, as it often takes that long before abuse is uncovered. Our attorneys are experts at pursuing all types of elder abuse cases. You can count on our attorneys to:
- Be attentive to and compassionate about your claims
- Fight aggressively for elder rights
- Diligently strive to see justice served
Along with the increase in the elderly population has come an increase of another kind – more nursing home liability and elder abuse claims.
While only a small portion of abuse claims ever go to trial, when awards are granted they are often quite large. This has caused the nursing home industry to claim that these lawsuits and liability claims have negatively impacted the quality of care available from nursing homes.
On the other side of this argument are the senior care advocates who claim that liability is the best way to hold elder caregivers accountable.
Whenever there is a case of negligence, malpractice, negligent supervision, care or hiring, or intentional injury there is a possibility for nursing home liability claims.
These claims can be brought against caregivers by the resident themselves, their children, their spouses, or even their friends.
Each state has its own laws regarding the proper standard of care in nursing homes. Failure to follow these standards can lead to lawsuits against the nursing home administration, the home itself, or the staff employed by the home.
In some states there are attempts to limit the damages which can be awarded for elder abuse.
Historically, seniors have had difficulty winning personal injury cases.
Here’s why: because many elderly are no longer wage earners and typically do not have dependents, it has been nearly impossible to prove any economic losses.
More recently, the trend has been for the children of seniors to sue the nursing home under claims of loss of consortium and emotional distress.Review My Case Now
It is not just inside nursing homes that elder abuse occurs. Many elderly are cared for in their own homes by relatives or other caregivers.
In some of these cases the caregiver has been found to be knowingly abusing the senior who they are supposed to be caring for. If you know of a situation where abuse may exist you should intervene immediately.
Elder neglect is quite simply the neglect or negligence of a caregiver who is responsible for providing basic care and necessities for an elder or senior person.
This caregiver could be an employee at a nursing home or long-term care facility, a child or other relative, or anyone who has agreed to provide care for the senior.
Necessities include personal care, water, nutrition, safety, proper clothing, medication and financial support.
The definition of an elder varies from state to state, with some states categorizing those over 65 years old as seniors and other states saying that distinction can be applied beginning as early as age 60.Review My Case Now
Whenever you visit an elderly person you should stay alert to any signs of elder neglect or abuse.
For example, physically you may see weight loss, bedsores, bruises, or other open wounds. In addition, the environment or nursing home may not have adequate heat, running water, or safe construction. Unsanitary living conditions can also be an indication of elder neglect.
Other examples of elder neglect can be medical issues going untreated, prescriptions going unfilled, or medication errors. Plus, the elderly person may be left alone for long periods of time.Review My Case Now
While physical abuse and emotional abuse are the most easily noted forms of elder abuse, there are other forms – such as financial exploitation of the elderly.
Frequently, the person who commits financial exploitation or fraud is someone that the elderly person trusts implicitly. This can be a family member, an old friend, or even a caregiver who has become close to the elderly person.
The caregiver might forge checks in the elderly person’s name, force them to sign a contract or will, or steal assets directly from the elderly person.
If a sudden change in financial circumstances occurs, it is possible that financial exploitation is the culprit.
In some cases, the financial exploitation can come from strangers, too.
There are those who prey on the elderly and will ask for donations to nonexistent charities, offer investment opportunities, or tell an elderly person that they have won a prize, but must send money to collect the prize.
If you notice missing cash, checks written to strange organizations or multiple ATM withdrawals you should be suspicious.Review My Case Now
Anytime you become suspicious of any physical, emotional, or financial abuse of an elderly person you should be ready to take action. The type of action you should take will depend on the situation.
If there is no immediate physical danger, you can contact law enforcement to investigate.
Local Adult Protective Services can also help in cases of elder abuse.
If you are concerned about a financial scam, the Consumer Affairs Department in your state may be the right place to start.
In the case of nursing homes, most states require physicians and nurses to report potential cases of elder neglect and abuse. Although there is no legal responsibility to do so, concerned citizens can also report potential elder neglect and abuse.
Situations of elder abuse and neglect can become quite complicated and often may require the services of a trained lawyer.
Our attorneys are highly experienced and qualified in pursuing elder abuse cases. If you believe your loved one is the victim of elder abuse, contact us today for a free evaluation of the case.