Wrongful Death Due To Elderly Negligence – Facts
Elderly negligence is a term we don’t want to hear about our loved ones. It’s painful when we lose some of our family members, especially the elderly. But, when the death is caused due to negligence, the pain becomes unbearable.
Unfortunately, a lot of cases of wrongful death due to negligence in the elderly are filed every year. As we don’t want to let this happen to our loved ones, we need to be aware of this. So, here we explain things about this negligence in the elderly and wrongful death.
After reading this article you’ll learn the definition of elder neglect, its types of it, and the laws related to this. So, let’s dive in to have clear insights into neglect in the elderly and wrongful death.
Table of Contents
- Wrongful Death And Elderly Negligence: Things To Know
- Elderly Negligence Law
- The Bottom Line
Wrongful Death And Elderly Negligence: Things To Know
Let’s learn all about wrongful death and elderly negligence through 7 questions. So, keep reading.
What Is Neglect In Elderly?
The definition of elder neglect infers that, when an elderly person is not given the required care, it is considered elder care neglect. The elderly person seeking care may not always be fed, dressed, or given a bath. The caregiver might abandon the patient in dangerous situations. The individual might not receive treatment or receive the incorrect dosage of medication. The place of neglect can be the victim’s house, the caregiver’s home, or a setting like a nursing home.
How Elderly Negligence Leads To Wrongful Death?
Wrongful death is a civil allegation that is brought against someone who intentionally or negligently causes the death of another person. The definition of elder neglect follows that it is something that happens from negligence and carelessness of a caregiver. This negligence lacks the aged persons from proper care and medical attention.
In some extreme elderly neglect by family or nursing homes, sudden falls, improper medication or wandering can lead to death. And, this type of death due to negligence is considered a wrongful death.
What Are The Types Of Neglect In Elderly?
Elder care neglect takes place in several ways. The types of elderly negligence are the following.
- Failure to Provide Basic Needs: The caregiver fails to give the aging person enough food, water, or a clean and safe environment.
- Failure to Ensure Personal Hygiene: The caregiver fails to ensure help to the elder person for maintaining proper hygiene practices like cleaning, bathing, or brushing teeth.
- Social or Emotional Negligence: The caregiver ignores the care seeker and leaves them for hours. In other cases, the caregiver may yell or verbally abuse them.
- Malnutrition and Dehydration: The caregiver doesn’t provide the elderly person with a proper diet or the suggested diet. The elderly person may require special treatments like tube feeding. And, the caregiver may fail to provide the proper care with these special instructions.
- Untreated Bed Sores or Infections: In extreme negligence cases, bedsores become so infectious that the sepsis can lead to death.
- Inadequate Monitoring: The caregiver fails to ensure adequate monitoring which can lead the elder persons to wander around and fall into accidents. The caregiver must take the responsibility for any accidents due to their negligence and lack of proper monitoring.
- Medical Error: The caregiver may fail to provide the elderly person with proper medications as prescribed. And, this can lead to death or serious complexity.
What Is The Most Common Form Of Elder Neglect?
According to the WHO, the most common form of elderly negligence is social and emotional negligence. Elderly persons feel neglected in society and family. Elderly persons may face harsh behaviors and mental breakdowns as a result. This also leads to self-negligence the aged person neglects to care for themselves.
Why Does Elder Neglect Happen?
Elder neglect happens due to several reasons. To understand why elder neglect takes place, we need to understand where this negligence takes place. Negligence in elders may happen in families, nursing homes, and adult protective services. So, the reasons why elder neglect happens are as follows.
- Understaffing of Nursing Homes or Adult Protective Services: If the nursing homes or adult protective services lack staff or trained staff, negligence happens.
- Elderly Neglect by Family: Different kinds of family issues also end up in negligence to the elder members of the family.
- Financial Issues: Financial shortcomings in families can cause elderly neglect by family. And, also the caregivers may refuse to provide service for the care seeker elders.
What Are The Signs Of Neglect In Adults?
You can identify elder care neglect by observing the following signs and symptoms.
- Scratches or cuts on the body
- Body pain and physical weakness
- Mouth or tooth problems
- Dirty clothing and bedding
- Dry skin or mouth, yellowish eyes, or urinating little
- Worsening health conditions and weight loss
- Depression and mental breakdown
What Are Some Examples Of Neglect?
Some examples of neglect in the elderly include not providing proper medical treatments, basic needs, hygiene care, proper supervision, and other things an aged person needs. Check Out the answer to the question about types of neglect in the elderly to have more insight into the examples of neglect in the elderly.
Elderly Negligence Law
Neglect on the elderly is an act that is defined as illegal according to US law. Different states have different laws for elder neglect and wrongful death due to elderly neglect. If you see any negligence of your loved ones, you can sue in court.
The persons who can file wrongful death cases due to elderly negligence include:
- Life Partners, Putative Spouses, and Financial Dependent
- Family Members
- Anyone Who Suffers Financially
The eligibles can sue the case if they face any economical damage, non-economic damage, or putative damage. According to the damage and degree of damage, the court can take different kinds of steps. The steps can include:
- Compensating the Family Members and Financially suffering persons due to the death of the elder person
- Restrict the adult protective services registry or nursing home permit
- Along with restricting the adult protective services registry, they can also be sued in other ways according to state law.
The Bottom Line
In most cases, elder neglect happens due to our ignorance about elder care and its negligence. Hopefully, this article on elderly negligence helped you to understand how things work and you will be able to prevent negligence and wrongful death due to elderly negligence.