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Category Archives: Elder Abuse

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3 weeks ago Elder Abuse

Protecting the Rights of Seniors: An Expert Guide to Elderly Abuse Laws

Looking around at all the major fraud agencies around the country, you’ll find that they all note the presence of elder abuse as one of the biggest epidemics. While there are lots of people who see the rights of seniors as sacred, there are people who are violating elderly abuse laws constantly.

Even the people who are tasked with their care can breach that trust and end up hurting our loved ones seriously.

Here are four ways that people violate elder abuse laws.

1. Theft Is Always Illegal

One of the most common things that happen to elders is theft. Elders move slowly, often have predictable patterns, and are vulnerable to being stolen from. When someone is in the care of others, they’ll get to know where they keep their valuables and cash.

There’s no type of theft, no matter how petty, that’s not illegal. When you hire someone to take care of your loved ones or they vet and hire them on their own, it’s a violation on a powerful level to be robbed. Many of us would rather not believe that the people we’ve tasked with care are going to make decisions that could hurt us.

However, theft is always an issue of severe legality. In many cases, elders can’t consent to have things done on their behalf. The relationship with a caretaker is one of trust.

If they’re in a facility, many people could come through their room at any given time. They could be dealing with lots of other residents who might even steal from them. However, elder abuse is classified as particularly egregious exploitation based on someone’s age and ability to fight back.

2. Assault Is Unacceptable

As stated above, elders are in a very vulnerable population. When they’re in the care of someone else, they need to be able to trust their safety. However, a frustrated staff member could act out and hurt your elderly loved one maliciously.

When this happens, criminal justice must be implemented. There’s an additional category for assault that falls under the umbrella of elder abuse. Since the abuse is against someone who is in a vulnerable state, state laws usually implement stricter sentences against violators.

Whether the assault if physical or sexual, elders are considered to be in a special category of people who struggle to fight back. It’s a despicable act that is thankfully illegal and falls under harsher penalties because of its very egregiousness.

Taking advantage of someone who is weaker than you is a serious crime and should be punished under any circumstances.

3. Neglect Is a Type of Abuse

While some abuse is overt, intentional, and malicious, neglect is a type of abuse that might be harder to measure. However, neglect is one of the most frequently cited types of abuse against the elderly.

When someone is ill or infirmed, they’re in the care of the people around them. If someone is paid or tasked with handling their affairs, that person takes on a serious responsibility. Not everyone is ready for this kind of time investment, and if you find that caretakers for your loved one aren’t doing so, they could be guilty of neglect.

Neglect can be as simple as forgetting to help someone with their meal. It can be more serious when someone isn’t assisted with getting to the bathroom or isn’t bathed on a regular basis. It’s vital to make sure that loved ones get time to be out in the world, age with dignity, and are given all the healthy options they can get.

If you fear that your loved one is suffering from neglect, you might have to do some research or play detective. Loved ones with memory issues might not be the most reliable sources, so it sometimes takes extra work to track down the culprit.

4. Financial Exploitation Is Serious

One of the most damaging ways that elders are taken advantage of is via financial exploitation. When an elderly person is exploited financially, they might not have the technology to fight back. One of the ways that many of us find out that we’re being exploited is via digital paper trails, which elders might have trouble getting access to.

When your funds or your property are misused by a caregiver or some other kind of scam artist, you’re being financially exploited.

In some cases, an elderly person’s accounts, credit cards, or personal checks might be used for someone else’s personal gain. They might have cash taken, but the most damaging way to take advantage of an elderly person is by acting as their steward without their consent.

Identity theft is one of the most powerful ways that someone can be taken advantage of. This can be as small as forging their signature on checks or documents. It can be much bigger with people trying to show up places as that elder, creating phony businesses, or even engaging in investment fraud.

If you worry that any of this might be happening to your loved one, call up an elder abuse attorney ASAP.

Elderly Abuse Laws Must Be Followed By Everyone

If we want to ensure the health, safety, and dignity of our elders, elderly abuse laws must be strictly enforced. When we see them being violated, it’s on us to speak up protect those in our society who are most vulnerable.

If you suspect abuse at a nursing home, follow our guide for recognizing signs and taking action.

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8 months ago Elder Abuse , Elder Law

Nursing Home Laws and Regulations: When You Should Sue for Abuse

Since people are dying later in life, there are more aged people than there ever has been. Sometimes, there’s not enough staff to keep up with them all.

Not having enough staff is illegal and leads to less accountability for abuse and potential abusers.

The situation isn’t hopeless, but it’s worth learning about nursing home laws and regulations.

Where does your loved one’s facility land?

Learn about nursing home laws and types of elder abuse below.

What is Elder Abuse?

As with domestic abuse and child abuse, there are different types of elder abuse. All of them are horrific and none should be held as more harmful than the other.

That said, none of the types following are in any type of order.

Sexual Elder Abuse

Yes, there are predators that prey on the elderly and take advantage of those who can’t consent. Someone who isn’t with-it can’t consent to sexual acts.

Nor can someone who’s unable to fight back or express discomfort with the situation.

Some sexual elder abuse doesn’t involve touching at all. This could be something like the caretaker exposing themselves or engaging in inappropriate activities in the room.

If you have any suspicions, find an attorney immediately.

Emotional Elder Abuse

The elderly are a vulnerable population, partly because they don’t have anyone to stand up for them. If they’re in a home and they depend on others for care, what can they do if they’re mistreated?

Not much, and there are bad people that take advantage of that.

Some examples of emotional elder abuse include humiliation and ridicule.

Others include intimidation, threats, and habitual (behavioral) neglect.

If you loved one won’t come right out and tell you they’re being mistreated, which caretaker do they seem upset around? Do they say they don’t like someone but won’t give a reason?

That’s where you want to explore further.

Elder Neglect

Contrary to some belief, neglect is a type of abuse, not a different category. For the elderly, neglect means a failure to fulfill necessary and agreed upon obligations.

Or, obligations that are considered common sense.

For example, if an elderly person falls, it’s the caretaker’s job to get them up. “Helping patient up” may not be written perse in their contract, but you would expect them to help them off the floor.

A lot of elder neglect comes from things that are biological in nature. Failure to administer medication regularly, to change sanitary supplies, or to clean up messes.

If you visit your loved one and notice that their supplies aren’t clean, they seem woozy and out of it, or they’re not their usual selves and seem off their medication, take warning.

Physical Abuse

The easiest type of elder abuse to notice is physical abuse. Does your loved one always have scratches, cuts, or bruises?

Depending on their ability level, there’s a good chance they fell. But, do you see these injuries becoming a pattern? Are the bruises in a place that wouldn’t make sense with a fall injury?

Does your loved one refuse to tell you how they got injured or tell you the same story over and over?

Unfortunately, those who abuse the elderly are sneaky. There won’t always be visible evidence of physical abuse.

The category also includes things like under or over administering medication, restraining or isolating them. These are things that are harder to catch.

How are you supposed to know if your loved one is getting the right dose of medication? They likely don’t know and trust their caretaker.

All of these abuse types are a big reason why having enough staff is important, and thankfully, that’s the law.

Staffing Regulations

In a nursing home, there are regulations for how many caretakers there are vs. patients. Think of it like a teacher-student ratio, if you will.

If there isn’t enough staff, then there will be fewer people to catch abusive behavior.

Even if someone does catch abusive behavior and they’re understaffed, they’re less likely to report it. They don’t want to lose more staff than they already have.

You’ll need to check your local and state laws to get the exact staffing number and regulations for specific nursing homes.

Another way to tell if they’re low on staff is to listen to the nurses. Are they always talking about how they’re understaffed and they have to take on more than they should?

Over-tired caretakers, even those who have the best intentions, can accidentally neglect patients.

Actual Nursing Home Laws and Regulations

Without getting too technical in the legal jargon, let’s talk about some actual nursing home regulations.

Paraphrased, some examples include:

  • Proper and continuing health assessments
  • Evolving and appropriate health plans
  • Health deterioration prevention
  • Proper hygienic care
  • Responsible nutrition and feeding
  • Pressure sore prevention and treatment
  • Promoting and managing the highest possible quality of life
  • Responsible use of resources
  • Accessible and up-to-date medical records

There are more, but those are some good examples. You should always be able to find a copy of local regulations online or request one at the facility itself.

When was the last time they got inspected? Did they pass? What were their problem areas and how are they addressing them?

These are people’s lives we’re talking about, not just boxes on a list to check off.

What to Do if You Suspect Something

If you suspect your loved one is being abused or there are gaps in their care, talk to them about it.

Someone is much more likely to open up about something if you bring it up. They may feel like abuse is their fault, whether the perpetrator put that in their head or not.

Stay judgment-free and causal when you approach the subject.

If that doesn’t work, talk to the care coordinator about your concerns about nursing home laws and regulations. Ask them what steps they’ll take to investigate and have them follow up.

If you don’t see any action, you can take your concerns up with the police, an attorney, or the health department.

There are many people here to make sure your loved one gets the best care. All you have to do is ask!

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9 months ago Elder Abuse , Elder Law

What to Do if You Suspect Abuse in a Nursing Home

The decision to place your parents, grandparents, or loved one to a nursing home can be a difficult decision. There are so many questions and concerns that you will have. If you decide that it is a good option for everyone involved, let’s take a look at how to safeguard your loved one from abuse.

Before Being Placed In the Nursing Home

Have a medical professional outside of the facility evaluate their health. This can be a doctor, nurse practitioner, or an RN. You will need someone who is medically qualified with experience.

This will show the before condition of the patient so that everyone is on the same page. This is important because it will help everyone involve see the quality or lack of at the nursing home.

Common signs of neglect or bed sores, bruises,  and dehydration. If you can prove that the patient did not have either of those conditions before, but they currently do, you may be able to establish signs of neglect.

Regular Medical Checks During the Patients Stay

Again,  you will want an outside opinion of how things are going. A medical professional should evaluate them to ensure that they are being properly looked after.

This care should entail, a physical evaluation looking for signs of dehydrating, bruises, cleanliness, and bed sores. This also may include bloodwork.

If There are Signs of Neglect or Abuse

As soon as any signs appear, it is time to get involved. Ask a medical profession to evaluate what you believe to be neglect or abuse. They will thoroughly evaluate the patient.  If they feel that it is possible, they are required by law to report it.

You should also report them to the Adult Protective ServiceS, Long-Term Care Ombudsman, the police. You will have to show proof so be prepared. This is the time when your before and during care evaluations will be important.

The police department, as well as, the other agencies will make a report. This report will include and interview with you, the patients doctors, the nursing home, and any other important witnesses.  There should also be photos of the patient taken for evidence.

What’s Next

If you’ve had to make a report, it is time to get legal help. Choose a law firm that specializes in elder law, like Garcia, Artigliere & Medby Elder Abuse Lawyers. There is going to be a lot of things that happen that you will need to prepare for. Your attorney will be able to guide you through this time and help you find resolution.

Having a loved one in a nursing home can be a delicate and scary time. Elder abuse is becoming more common so you must be on the lookout for abuse or neglect. The best thing you can do is to be prepared, have regular check ups, and have a plan if you think something is going on. Do not be afraid to report the facility if you believe that there is abuse occuring.

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