> Elder Abuse
> Elder Abuse & Neglect
> Nursing Home Injuries
An Overview...Nearly 1,000,000 cases of elder abuse are reported
in the United States per year. Only one of five cases are properly
recorded and followed-up on.
What is elder abuse? There are different ways in which an elderly
individual may be found in an abusive situation:
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Elder Abuse Attorney
-Physical Abuse-
Any physical pain or injury inflicted upon an elder by
a person who is a caregiver of, or who stands in a position of trust
with that elder. This includes but is not limited to: direct beatings,
sexual assault, physical restraint, and prolonged deprivation of
food or water. Possible physical abuse indicators are cuts, lacerations,
puncture wounds, welts, discoloration, bruises, poor skin condition
or hygiene, uncared for injuries, absence of hair or hemorrhaging
below scalp, dehydration or malnourishment without illness, burns
(from cigarettes, acids, rope or chain friction etc…), soiled
bed or clothing.
-Financial Abuse-
Any theft or misuse of an elder's money or property. Possible indicators
of financial abuse include: unusual activity in bank accounts; seemingly
different older person's signature on checks, or checks signed when
the older person cannot write; changes in creation of will or powers
of attorney when older person is unable to make such decisions;
a caregiver's unusual concern about excessive amount of money spent
in the care of the older person; numerous unpaid older person's
bills; placement in nursing home or residential care facility not
commensurate with alleged size of estate, lack of amenities (such
as a TV, proper clothing or grooming items that are clearly affordable
by the estate); missing valuables ( such as jewelry or art); deliberate
isolation by a housekeeper from friends and family resulting in
a caregiver's total control over the elder.
-Neglect-
The failure of any person having the care or custody of an elder
to provide that degree of care which a reasonable person in a like
position would provide. It includes FAILURE to:
Assist in personal hygiene or providing clothing to the elder; or
to provide medical attention for the physical and mental health
needs of the elder (unless elder refuses treatment); or failure
to protect the elder from health and safety hazards. Possible signs
of neglect: Dirt, fecal/urine smell in elder's living environment;
rashes, sores, lice on elder; elder is poorly clothed, malnourished,
dehydrated; any untreated medical condition.
-Self-Neglect-
Failure to provide for self through inattention or dissipation.
The identification of this depends on assessing the elder's ability
to choose a lifestyle versus a recent change in the elder's ability
to manage.
-Psychological / Emotional abuse-
The willful infliction of mental suffering by an elder's trusted
caregiver. Examples are: verbal assaults, threats, instilling fear,
intimidation, humiliation or isolation of an elder. Possible indicators
of such abuse of an elder are their: fear, depression, helplessness,
denial, disorientation, implausible stories, hesitation to talk
openly.
-Abandonment-
The desertion or willful forsaking of an elder by any person having
the care and custody of that elder under circumstances in which
a reasonable person would continue to provide care and custody.
There is often great reluctance and/or fear from the elder to report
abuse. Threats of placement in a nursing home or shame for a possible
family member being involved can prevent an elder from seeking help.
This is why sensitivity to these issues must be employed when someone
wants to help in suspected abuse cases. In all cases the elder has
the right to determine his/her affairs to the best of his/ her ability.
Any person coming across a situation of suspected abuse is strongly
encouraged to report his/her findings. Symptoms and conditions of
the abuse should be reported clearly, specifically and objectively.
When legal action against these cases is intended, the reporter
should include witnesses (contact info and statements), photographs
(of wounds or injuries, living conditions, or a room or a bed; police
department or an emergency room may photograph emergency situations),
and records (from public help agencies or elders' patterns and history).
Elder abuse is a very fast escalating problem in our country which
all too often goes unseen and unpunished.
At Attorney Search Network, we are dedicated to providing you with
the right assessment and counsel specialized in the rights and defense
of our elder population.
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Elder Abuse Lawyer
If you have any questions about the information provided above, please contact
us.
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to get a referral to an ASN's panel lawyer.
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