It’s vital to identify different types of neglect, abuse, and exploitation to decide on the best legal recourse.
Older adult abuse crimes can inflict severe harm on the elderly and trample on their fundamental rights. In the event of neglect or abuse, you should know its type, the signs to look out for, and how to react to hold perpetrators accountable. Let’s have a look at some of the common types of elder care violations and how to handle those situations legally.
Neglect in Long-Term Care Facilities
The most common form of neglect is when your loved one suffers an injury that could’ve been avoided with proper attention. In nursing homes, inadequate training or systemic understaffing often leads to neglect. When staff fail to attend to basic needs, such as hygiene, proper nutrition, or medical attention, residents may have to deal with complications, like dehydration, bedsores, or untreated infections.
Neglect can be identified by carefully observing the overall condition of the resident. Check for persistent bed sores that aren’t healing, unexplained weight loss, and dehydration signs, such as sunken eyes or dry mouth. Unkempt hair, dirty clothing, and unclean areas also indicate the staff has failed to maintain a good standard of care.
If you notice any of these signs and believe it’s a case of neglect, you should connect with Adult Protective Services, or the relevant state agency overseeing long-term care facilities. At the same time, it makes sense to contact your local lawyers.
For instance, if you’re in Augusta, you must pick one of the most experienced Augusta nursing home abuse lawyers because they understand local legal requirements and make it easier to gather evidence needed to prove your case. A civil lawsuit helps you get compensation for pain and suffering, medical expenses, and other damages.
Physical Abuse by Caregivers
Physical abuse involves the intentional use of physical force that causes injury or trauma.Hitting, slapping, or improperly restraining an elder are some basic examples. Alongside evidence of bruises, physical abuse can also be evidenced in sudden behavioral changes: a once outgoing resident is now withdrawn or fearful of a specific staff member.
You need to be vigilant when identifying signs of physical abuse. Sometimes, unexplained wounds, especially at various phases of healing, may indicate abuse. Frequent hospitalization for repeated wounds or reluctance of a resident to offer an explanation for wounds is suggestive of continued abuse. Emotional signs of depression, anxiety, or sudden alteration in behavior may be noted in addition to physical signs, suggesting the need for thorough investigation.
When deciding to take legal action against elder abuse, you must carefully consider the evidence, such as medical history, photographs of injuries, and testimonies of other residents or visitors. Identifying a pattern of harm helps establish your case for negligence or intentional tort.
Financial Exploitation and Misappropriation
Financial exploitation occurs when a person fraudulently or illegally uses an elder’s funds or property. The exploitation is likely through forged signatures, unauthorized withdrawal of funds from bank accounts, and even coercion to change wills.
Before initiating legal proceedings, document all the suspicious money transactions. You must collect all bank communications, account statements, and evidence of undue influence, such as recorded calls or emails. Make sure to verify if the accused exploited person had a power of attorney or a fiduciary role since abuse in these cases may also lead to additional claims for breach of duty.
Endnote
Elder care violations refer to a breach of confidence reposed in the caregivers and result in lasting emotional, physical, and financial trauma. Remember, it’s vital to identify different types of neglect, abuse, and exploitation to decide on the best legal recourse.
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