Elder Abuse Lawyer

Elder mistreatment is common in both the community and in institutional facilities. Recent studies have found that as many as 1 in 5 older adults may be the victims of elder abuse [1]. Elderly individuals and their family members should always report mistreatment to Adult Protective Services and local law agencies, as this can prevent further harm. 

With the help of an elder abuse lawyer from Nursing Home Law Center, they can also pursue financial compensation for the devastating financial loss and emotional suffering caused by abuse.

What is Considered Elder Abuse in Nursing Homes?

The Centers for Disease Control defines elder abuse as an intentional act or failure to act that results in harm or potential harm to an older person. It can include physical abuse, psychological abuse, financial exploitation, sexual assault, and neglect. 

Abuse of an elderly person can be a single or repeated act and may be perpetrated by the primary caregiver or others. Harm can occur in private homes and institutional settings, like nursing homes or residential facilities. Caregiver stress, substance abuse, and inadequate mental health care for the caregiver can all be risk factors for the abuse of an older adult. 

Types of Elderly That are Most Vulnerable to Abuse

Any elder person may be at risk of abuse, but some risk factors make a person more vulnerable. Dependent older adults suffering from a physical or mental impairment may rely more on others for their daily needs and lack the resources to report abuse. 

Vulnerable adults without strong social and family ties may not have anyone to advocate for them. Additionally, a dependent person with mental illness may be less willing to report abuse or may not be believed when they speak up. 

Types of Elder Abuse Occurring in Nursing Homes

Elder abuse can take many forms, making it crucial that family caregivers and loved ones protect older adults by watching for warning signs and asking questions. All forms of senior citizen abuse may occur in an institutional setting, such as a nursing home, though they may appear slightly different depending on the setting. 

Physical Abuse

Physical elder abuse is any intentional or reckless act that could result in physical harm or pain. This can include hitting, slapping, pushing, kicking, pinching, or physically restraining an elderly person. 

Overmedicating, undermedicating, and force-feeding are also considered physical abuse. Adult children and friends should watch closely for burns, bruises, or unexplained fractures. 

Emotional Abuse

About 32.5% of staff at assisted living facilities and other institutions admit to perpetrating or witnessing emotional abuse of an older adult [2]. This includes yelling, name-calling, humiliating the older person, threatening them with further abuse and neglect, or isolating them from other people.

Emotional abuse can be challenging to neglect, as it doesn’t cause bodily harm. Additionally, this type of elder abuse can be subtle, such as repeatedly ignoring a person when they ask for help. Regardless, this form of abuse can take a severe toll on a person’s mental health.

Neglect

Neglect occurs when a person’s needs are not being met. This can include failing to provide basic needs such as food, water, medication, hygiene and health care, and supervision. According to the World Health Organization, neglect is the most common form of elder abuse after psychological abuse. 

Active neglect happens when the caretaker, whether a professional geriatric care manager or family member, knows they are not meeting the person’s needs, but passive neglect is when the caretaker doesn’t realize they are not providing appropriate care. 

For example, the caregiver may not realize that the older adult needs additional medical aids, like a hearing aid, to live a full life. Someone caring for a bedbound person may not know they must turn the individual every few hours to avoid bedsores. Passive neglect could include not noticing signs of elder self-neglect like substance abuse or poor personal hygiene.

Sexual Abuse

Sexual elder abuse is statistically the most uncommon form of abuse, but this may be an underrepresentation. This form of abuse includes any unwanted sexual contact, sexual harassment, or sexual exploitation of an older abuse. As with other survivors, sexual elder abuse is very traumatic, and the victim may be unwilling to report it. 

Financial Abuse

Elder financial abuse includes theft, fraud, misuse of funds, or influencing an older person to transfer resources to someone else. The perpetrator may use a person’s credit cards, demand they change their life insurance policy, gain access to their bank accounts, use their Social Security Benefits, or commit healthcare fraud by making fictitious charges to insurance.

Financial exploitation can leave older people without adequate financial resources to care for themselves, leading to poverty. 

Signs and Symptoms of Abuse in Older Adults

An older adult’s family members must watch for warning signs of elder abuse and report their concerns as soon as possible, as mistreatment can lead to premature mortality. Symptoms of elder abuse can be subtle, making it all the more important that loved ones remain active in their family member’s care.

Physical Indicators

Physical signs of elder abuse can include unexplained injuries, bruises, broken bones, or burns. They may also appear as indents that suggest restraints or patches of missing hair that indicate they were grabbed or pulled. Neglect can appear as unsafe living conditions, bed sores, infections, or worsening medical conditions. 

Behavioral Changes

The elderly person may become withdrawn, anxious, or show unusual sleep patterns. There may be signs of tension between the older person and their caregivers, like frequent arguments. 

The person’s ability to care for themselves may decline, and they may lose interest in favorite activities. Loved ones may notice them pulling away or refusing to talk about specific topics for fear of retribution. 

Emotional and Psychological Signs

An abused older adult may show emotional changes, including depression and anxiety. They may demonstrate lower self-esteem, such as thinking they are a burden. PTSD can appear in many forms, including frequent nightmares, restlessness, losing interest in daily life, or failing to care for themselves. 

Financial Irregularities

When a person is financially exploited, there may be unusual bank activity, unpaid bills, or sudden changes to their financial documents. For example, their benefits may be placed in someone else’s retirement fund, or their power of attorney documents may be altered.

What an Elder Abuse Lawyer Can Do for You

A nursing home abuse attorney is here to help you get justice for your family member. We can negotiate with the home health agency or other organizations to receive compensation, holding them accountable for the mistreatment of an older adult. 

Investigation and Evidence Gathering

Our team will investigate the incidents and gather evidence, such as medical records, financial statements, and witness testimony. We will also consult with experts in elder abuse about the facts of the cause, helping to bolster your claims. 

Reporting Abuse to Authorities

We can assist you in finding the correct agencies to report the abuse, including Adult Protective Services or law enforcement. Not only will this help support a civil legal claim, but it can also result in criminal charges for the perpetrator, raising awareness and imposing consequences on those who harm vulnerable adults. 

Pursuing Legal Action

We will advise you on your legal options and guide you through the process. You can pursue justice through several avenues, and we can assist you in taking these steps.

• Civil Lawsuits – As a personal injury law firm, we specialize in holding perpetrators accountable through civil court. This involves seeking compensation for the financial and emotional harm caused, including medical bills, pain and suffering, and loss of enjoyment of life. We will negotiate with the relevant insurance agency and ensure you receive adequate compensation.
• Protective Orders – A restraining order can help prevent contact between the victim and the perpetrator. To obtain a protective order, you must provide proof of harm or potential harm to the victim and submit it to the relevant court. An attorney can guide you through getting a restraining order, including gathering the necessary documentation and filing the paperwork.
• Criminal Charges – In severe abuse or neglect cases, it may be possible to pursue criminal charges against the perpetrator. This depends on the severity and extent of the abuse. While our law firm does not handle these cases, we can direct you to the proper authorities and offer resources.

Protecting a Vulnerable Older Person from Abuse

Elder abuse and neglect are never acceptable, but they are preventable. The first step is recognizing the signs and knowing how to intervene in the case of suspected elder abuse. For example, teaching loved ones how to identify financial exploitation can ensure the older adult does not fall victim to scams. 

Educating caregivers about burnout and ensuring adequate support can help reduce frustration, making them less likely to harm the vulnerable person. Providing community resources, like respite care for elderly people, can also help prevent caregivers from becoming overwhelmed and abusive. 

Why You or Your Family Member Should Report Suspected Abuse

Elder abuse can have a severe impact on a person’s physical and psychological health, making it crucial to report it as soon as possible. Early mortality, worsening health conditions, and emotional trauma can all result from abuse. 

As elderly individuals can be frail, a bone fracture or infection may cause severe disability or death. Holding abusers accountable should be the first priority, especially if they are professional caregivers who may have access to other vulnerable individuals. 

Secure Expert Legal Representation! 

Nursing Home Law Center is a nationally recognized law firm fighting for the rights of elderly individuals and their families. Our team of experts has recovered millions in damages for senior citizens and their families nationwide. We work on a contingency fee basis, meaning you owe us nothing unless we earn you compensation. 

To speak with experienced elderly abuse lawyers, call us 24/7 at (800) 926-7565 or use our online consultation form. 

References: [1] National Council on Aging, [2] World Health Organization