Legal Options for Victims of Elder Abuse
Elder abuse is a growing problem in the United States that adversely impacts seniors every year. According to Senior Living, U.S. nursing homes got 94,499 health citations in 2023. Of those, 8.1% (7,654) were for abuse, neglect, or exploitation.
During elder abuse cases, the awareness of legal options is important. You may seek an attorney regarding any particular legal remedies that may apply to your case should you wish to pursue action. These options will give you the opportunity to make the abuser accountable for his or her wrongful conduct, regardless of how your elderly loved one suffered.
Elder abuse lawyer Garrett Fry says some claims of elder abuse have only one defendant, while others have more than one. A single caregiver can be held responsible for damages from elder abuse. An employer can even be held responsible in some cases. For instance, if a nurse harmed an elderly person, then the nursing home that hired that employee could be liable to the victim for damages on the grounds that the institution had failed to conduct a proper background check or did not provide adequate training to the nurse for his/her position.
You have numerous options available if you want to protect your rights or seek justice. Each involves different legal procedures, from civil cases to criminal courts. How do you make the correct choice?
Let’s look at the legal options for elder abuse:
Understanding Elder Abuse and Its Forms
Elderly citizens with unique health care needs and relatives responsible for attending to them should be aware of the laws protecting the elderly. Elder law lawyers say that the family members caring for the elderly citizens should be spared from the stress and expense that elder law situations can cause.
When abuse happens, family members don’t spot them immediately. Listed below are the different manifestations of elder abuse:
- Hitting, slapping, or other forms of bodily punishment that cause harm to an individual can be classified as physical abuse.
- The violation of an elder’s dignity through humiliation, verbal assaults, or intimidation constitutes emotional abuse.
- Another common form of abuse involves the theft of an elderly individual’s money or assets for personal gain.
- Neglect would be a type of elder abuse and is the simplest to define. A caregiver is deemed negligent if he or she refuses to provide basic care to an elderly dependent.
You can fight for your rights and those of other victims if you know the types of elder abuse.
Reporting Elder Abuse: Who to Contact
If you think someone is abusing an elderly person, you need to act right away and figure out who to notify. If there is a threat, call the police or other authorities right away.
You might want to get in touch with your local adult protective services (APS). They deal with allegations of elder abuse and can help with the situation. Tell them if the abuse is happening in a given place so they can look into it.
Other local groups that speak up for people may also be able to help. Gathering proof, like pictures and relevant documents, can urge the authorities to do something.
Your timely report may become instrumental in getting elder abuse victims to an immediate state of safety.
Legal Actions Available to Victims
The aftermath of elder abuse reporting often leaves victims and families asking what to do next. A series of legal proceedings may address the situation.
You may choose to sue the abuser in civil court for damages, such as medical costs, damages for emotional distress, and punitive damages. You may also want to get orders protecting you from further abuse or harm.
The prosecution will bring criminal charges under certain circumstances. An elder law lawyer will be your guide through this procedure. You can expect them to assist you in gathering evidence, filing all necessary papers, and taking you to trial.
Resources for Support and Advocacy
You can offer help and advocacy for the victim following any incident of elderly abuse. The National Center on Elder Abuse can provide information and assistance for victims. This agency can reach out to local elder abuse hotlines for immediate intervention and referrals.
Another option to aid victims is to get in touch with an advocacy group. The advocacy group can connect victims with specialists who have experience working with individuals who have faced similar situations. These professionals will help you explore your legal options and alternative support services.
Try to reach out to therapists or counselors who are experts in the field of trauma and abuse. These individuals work best in cases of offering emotional support and developing people’s coping strategies.
Preventive Measures to Protect Seniors
The focus of elder abuse protection should be on safety, well-being, and prevention. Start by keeping an open communication channel with your loved one. Allow your relative to discuss their feelings and worries with you. Call and visit often.
Building a strong support system for your seniors is also beneficial. Connect them with local community resources and services. Teach seniors about their rights and how to recognize abuse so that they may say something to protect themselves.
Monitoring their finances will certainly help guard against financial exploitation of the elderly. Encourage them to get involved in various forms of social interaction while at it.
If you observe any signs of elder abuse, do not hesitate to ask for professional help and act immediately. A reliable lawyer can guide you and help your loved ones get justice for the abuse they suffered.