Thanks to advancements in modern medicine, the average life expectancy continues to climb. As people live longer than previous generations, the need for elder care increases. More people than ever are in need of nursing homes, assisted living centers, and qualified, compassionate caregivers.
The medical professionals and staff members responsible for the treatment and care of elderly patients also must ensure that the people they care for receive timely medical treatment and basic human necessities. Unfortunately, some caregivers neglect or abuse their patients. Elder abuse and neglect take many forms, and it’s important for anyone with an elderly loved one in a nursing home to know what to do if they suspect elder abuse of any kind.
What is Elder Abuse?
Elder abuse typically defines anything that diminishes an elderly individual’s quality of life and well-being. Examples include:
- Physical abuse, such as hitting, slapping, and other intentional physical strikes.
- Emotional and psychological abuse, such as toying with a patient’s diminished memory or cognitive capabilities, verbal abuse, or keeping a patient isolated.
- Financial abuse, which involves a caregiver taking advantage of an elderly patient’s vulnerable state to use the patient’s identity or assets for personal gain. An example of this could be a caregiver writing him or herself a check from the patient’s checkbook.
- Sexual abuse or any unwanted or nonconsensual sexual contact.
- Caregivers need to ensure their patients have basic human needs met, including food, water, clean clothes and bedding, and access to a restroom. Some bedridden patients must be repositioned regularly to prevent bedsores – a very painful condition that can cause severe harm – from forming. Caregivers must also ensure their patients receive necessary medications in the proper doses at the appropriate intervals.
If you visit your elderly loved one frequently, you need to be vigilant for any signs of elder abuse. Your loved one may be reluctant to speak about the abuse out of fear of the abuser. Some medical conditions may render your loved one unable to tell you what is happening. If you notice any odd behaviors, sudden changes in personality, or your loved one seems uncharacteristically nervous or skittish, these might be signs that someone is abusing him or her.
Filing a Claim
Your first step in pursuing a legal claim for nursing home injuries or abuse should be to connect with a reliable nursing home abuse attorney. Even if your loved one suffered an accidental injury, it’s vital to hold the responsible parties accountable for the injuries and damages caused by nursing home abuse. In order to succeed in a lawsuit, you would need to prove that the defendant (the party you are suing) was negligent in some capacity. Proving negligence depends on your attorney’s ability to show the court three basic facts:
- The defendant owed the injured party a duty to act with reasonable care. In nursing home injury cases, this means the home must provide an acceptable level of care that any other reasonable individual would be likely to provide.
- The defendant breached this duty in some way. This could include failing to provide timely medical attention or any intentional actions that resulted in injury to the patient.
- This breach directly caused your loved one’s injuries and damages. You cannot sue if there was no harm.
In the event that your loved one was intentionally mistreated, the guilty party may face criminal charges in addition to your civil claim for damages. You may be able to collect punitive damages in some situations, which a judge will award in an effort to punish the guilty party for gross negligence or intentional harmful acts. Your loved one’s compensation can include repayment of any medical expenses, pain and suffering, and any financial restitution in the event of financial abuse.
Your attorney will help you determine the full extent of your loved one’s injuries and damages by collecting testimony from witnesses and other relevant evidence. If you suspect any type of abuse, it is critical that you connect with a reliable attorney as soon as possible so you can launch an investigation.