ELDER ABUSE ATTORNEY
Elder abuse definition:
Elder abuse is widely acknowledged as a growing and significant problem in our culture. Unfortunately, determining the scale of this problem is difficult due to underreporting, differences in the definition of abuse and neglect, and the lack of a national uniform reporting system. Consider contacting friends, relatives, or trusted professionals if you need an elder abuse attorney to defend you in a legal situation involving elder abuse. The National Organization on Elder Abuse differentiates seven categories of elder abuse, according to the Central Institute on Elder Abuse. Physical abuse, sexual assault, emotional abuse, economic abuse, neglect, desertion, and self-neglect are all examples of these types of abuse.
- Abuse of the body. Use of physical violence could lead to bodily harm, suffering, or incapacity.
- Sexual exploitation. Any type of non-consensual sexual intercourse with an older lady.
- Abuse of the emotions. Anguish, sorrow, or distress inflicted through verbal or nonverbal behaviours.
- Material/financial exploitation Use of an elder’s funds, property, and assets in an illegal or unlawful manner.
- Neglect. Refusal or failure to perform any of a person’s responsibilities or obligations to an older lady.
- Abandonment. Desertion of an older lady by a someone who has actual possession of the senior or has taken responsibility for the elder’s care.
- Self-neglect. An aged person’s actions that endanger his or her health or safety.
Furthermore, under California law, the denial of products or services essential to avoid actual injury or mental anguish by a care custodian is considered elder abuse. Administrators or workers of any facility providing care or assistance for elderly or dependent individuals are known as care custodians.
What are the seven different kinds of elder abuse?
The National Organization on Elder Abuse differentiates seven categories of elder abuse, according to the Central Institute on Elder Abuse. Physical violence, sexual abuse, psychological abuse, economic abuse, neglect, desertion, and self-neglect are all examples of these types of abuse. Abuse in the physical sense.
Financial exploitation is more frequent for elders to self-report than emotional, physical, or sexual abuse or neglect, according to the Central Committee on Aging (NCOA). The most common kind of elder abuse, according to the NCEA, is neglect.
Here are a few examples of elder abuse:
- Theft ( robbing the elderly of their valuables and cash)
- Fraud (persuading an elderly person to hand up money in exchange for a fraudulent scheme)
- Real Estate Scams (transferring property and other estate ownership without the owner’s knowledge or consent)
- Mortgage Scams (a loan took out in the elder’s name by an unauthorized person)
- Scams in the insurance industry, such as improper alterations to the life insurance policy)
- Phishing emails as well as other forms of electronic fraud
- Contractor Scams (getting paid to do a job but failing to finish it)
Statistics on Elder Abuse :
- In California, an elder or dependant adult is abused every three minutes. • Between 1 to 2 million Americans aged 65 and older have been wounded, exploited, and otherwise abused by someone they relied on for care or protection.
- Each year, it is estimated that over 500,000 older persons are abused or neglected.
- As our population ages, millions of additional are at risk.
- According to recent research, between 7.6% to 10% of participants in the study reported some sort of abuse in the previous year.
Seniors are a particularly vulnerable group in our culture. Legislators at both the state and federal levels have responded by passing legislation, supporting elder programs, and urging regulatory agencies to pay particular attention to seniors. Seniors are afforded particular protections and safeguards under a number of state and federal legislation. These include the California State Extended Care Ombudsman Program, which assists seniors in resolving issues in lengthy care facilities, as well as the California Department of Aging’s Healthcare Insurance Counselor and Advocacy Program (HICAP), which assists seniors in understanding and selecting health and drug insurance plans.
Understanding the Factors That Contribute to Elder Abuse:
Because elder abuse has only recently become a criminal issue, there are gaps in the understanding of the scope and causes of this abuse.
The majority of study on abuse has concentrated on victims; little attention has been paid to the motivations of those who abuse and the link between abusers and victims. As a result, we have an imperfect view of the factors that lead to elder abuse. In addition, the careful monitoring model, which states that elder abuse can be related to the stress associated with giving care and support to weak, highly dependent elderly persons, has been actively used in the field of research. This paradigm, however, does not apply to all situations and kinds of elder abuse.
There is a need for a good guiding theory that explains the various causes of elder abuse and encourages thorough data gathering.
To augment the research of elder abuse, researchers have adopted a number of current theories on interpersonal violence and provided a variety of explanations:
- They’ve learned from the behavior of others that using violence to solve issues or achieve a desired result is a viable option.
- They believe they aren’t getting enough out of their relationship with elderly person, therefore they turn to violence in order to get their “due share.”
- The connection is influenced by a combination of history and current events, such as recent conflicts as well as a family history of “resolving” problems through violence.
- To establish and maintain power in a relationship, they employ a pattern of coercive behaviors.
- Individual, relationship, community, and cultural variables all play a role in elder abuse.
- Both the victim and the perpetrator’s social and biological traits, the nature of the relationship, including power dynamics within their shared milieu of friends and family can be blamed for elder abuse.
A more comprehensive response to abuse and neglect will need to be led by the theory that takes into consideration the cognitive functioning of both victim and the offender, as well as the sorts of abuse, the home environment, and the nature of their relationship.
Examples of Injuries That Might Justify Filing an Elder Abuse Suit:
Which type of elder abuse is the most common?
1. Death by suicide
2. Amputation
3. Incorrect drug delivery or pill refusal
4. Allowing senior citizens to fall and injure themself.
5. Allowing a senior citizen to acquire pressure ulcers or bed sores.
6. Failing to act quickly when a senior citizen is in danger and needs medical attention.
7. Sepsis as a result of widespread infection.
8. Dropping a patient in the middle of a move
9. Assaulting a vulnerable person physically or sexually
If we suspect elder abuse, what actions should we do right away?
Don’t be afraid to intervene if you suspect elder abuse. According to the Central Institute on Elder Abuse, one out of every ten Americans aged 60 and up has experienced elder abuse in some way. Only 1 in 14 incidences of elder abuse is ever recorded, according to one research.
- Call 9-1-1 if indeed the senior is at risk of or has been physically mistreated. Abuse of the elderly is illegal.
- Take steps to ensure that adult protective services is reported and that the proper civil and criminal penalties are applied.
Call 1-800-677-1116 for a list of local reporting agencies, or go to www.eldercare.gov for further information. State Department of Social Services, State Department of Health Service (nursing home complaint division), area Adults Protective Services (APS), and county ombudsmen are also possible reporting organizations.
When reporting Elder Abuse, have the following information ready: the elder’s name, address, and contact details, the type of help the elder receives (family, medical, social care, etc. ), and details on the kind of elder abuse and who the offender is.
It’s crucial to document the senior’s physical and living conditions as thoroughly as possible. Take pictures of the victim as well as his or her room or place of residence. Unsanitary conditions, bad sanitation, bedsores, physical abuse, and incorrect restraints should all be documented in a notebook or on a computer. File formal complaints with facility supervisors if at all possible. Keep track of when you phoned, who you spoke with, and how you were treated. All correspondence should be duplicated.
Is it possible to bring a lawsuit against someone who has abused an elderly person?
Elderly people can be financially exploited in a variety of ways, but there are measures to combat it. Contact a spousal abuse attorney to file a lawsuit for financial abuse. Your lawyer will look into the situation to see what happened or who was to blame. We will then seek damages from that party.
And What’s the Difference Between Abuse and Neglect of the Elderly?
The meanings of these two names are almost identical. Because many experts regard neglecting an elderly person’s needs to be a kind of elder abuse, the terms are interchangeable.
In a case of elder abuse, what damages are sought?
Plaintiff will often seek compensation for pain and misery, medical bills, prospective care needs (if any), and out-of-pocket expenses. The value of a Plaintiff’s damages might range from $50,000 to over $1,000,000.
Is Hiring an Elder Abuse Attorney Expensive?
Only on a contingency basis do our elder abuse lawyers practice. Our law firm is only compensated if you obtain a financial recovery in your case, which is known as “no win, no fee.” A retainer for an attorney is never required to be paid out of pocket.
Financial Abuse and Exploitation Examples:
Financial exploitation can take place in a variety of ways. Financial exploitation is defined as taking cash from an elder’s wallet. Financial exploitation occurs when the older is unaware that the money has been taken or is not in a mental position to give consent given to someone taking money.
Some people take advantage of their elders for financial gain because they believe they could get away with that as well. Because of their cognitive incompetence, the elder will not notice the money has gone missing. Many people are encouraged by the notion that they’ll get off with theft if the witness doesn’t notice or can’t be trusted.
How do you find the best elder abuse attorney?
You may be furious, irritated, and overwhelmed if you find that your senior loved one was injured or harmed in a nursing home as a result of elder abuse. You may choose to pursue retribution on behalf of your senior loved one and seek compensation for their injuries and losses as a result of their actions. You might want to contact an attorney about your legal avenues and rights in order to build a compelling elder abuse case Learn how to get the best elder abuse lawyer and why having legal representation and an expert on your side can help you protect your legal rights.
Consider contacting friends, relatives, or trusted professionals if you need an attorney to defend you in a legal situation involving elder abuse. Ask inquiries to see if the lawyer has a proven track record of defending the rights under the law of senior citizens. Call 800-712-9119 for a free legal consultation. You should ask all potential elder abuse attorneys about their rates upfront. Consider meeting with your lawyer in person, via video conference, or with one of their team members. Now is the time to call or call 800-712-9119 or fill out a Free Situation Evaluation form.
Elder abuse reporting rules compel people to report incidents in which an elderly person has been harmed or neglected. Nursing home employees, healthcare experts, and other caregivers are often affected by these rules. Reporting can help to save lives, especially when a senior is in a dangerous situation. All states have some form of mandated elder abuse reporting law. Medical professionals, home health care providers, and nursing home staff are considered mandated reporters. Each state has its own definition of what is considered elder abuse as well as different laws regarding when and how to report it.
What can be done to avoid elder abuse?
Preventing elder abuse requires educating seniors, experts, carers, and the general public. If you’re an older adult, they can stay safe by doing the following: • Maintaining your health.
- Seeking and encouraging relatives to seek treatment for drug, alcohol, and depression disorders.
- Participating in spouse support groups and learning regarding domestic violence programmes.
- Making plans with your own future. You can handle health-care decisions now with an attorney or a written will to minimise misunderstanding and family conflicts later. Before signing any documents, seek independent advice form someone you can trust.
- Keeping in touch with family and friends while remaining involved in the community. Social isolation, which was linked to elder abuse, will be reduced as a result of this.
- Sending and receiving mail on your own.
- Giving personal number over the phone is not a good idea.
- All checks will be deposited by direct deposit.
- Having a phone of your own.
- Reviewing your will on a regular basis.
- Being aware of your legal rights. You have had the right to express your views and concerns if you choose a paid and family caregiver. Call local Long Term Care Ombudsman if you live inside a nursing facility. The inspector is your defender and can act if necessary.
What factors contribute to elder abuse?
Individual, relationship, community, and cultural variables all play a role in elder abuse. Both the victim’s as well as the abuser’s social and biological traits, as well as the nature of their relationship and power dynamics within their shared milieu of family and friends, can be blamed for elder abuse.
What happens if you file a report of elder abuse?
Most medical care professionals are required to report potential elder abuse if your state requires it. They may be held accountable for any injuries or losses sustained by the victim if they neglect to report potential abuse.
Penalties for elderly abuse people:
Depending on the facts of the case & your criminal history, elder abuse might be charged as a misdemeanor or a felony.
Elder abuse is a misdemeanor that carries the following penalties:
- Probation with no conditions
- Up to a year in county jail
- A fine of up to $6,000, with repeat offenders facing a punishment of up to $10,000.
- Completion of recompense for all victims.
- Counseling is required.
- Elder abuse is a felony that carries the following penalties:
- Probationary status.
- State prison sentences of two to four years, but three to eight years in circumstances of significant harm or death.
- A fine of $10,000.
- Complete restitution as well as therapy.
At Los Angeles Crime Attorneys, we are well-versed in the most frequent elder abuse defenses and will personalize our defense approach to your case’s details.
The following are some common elder abuse defenses:
False accusations:
The genuine offender or someone with a grudge against the defendant may make a false accusation on purpose. However, false allegations can be made unintentionally, such as when an old person has a health condition that is misinterpreted as a result of abuse. Doctors, police officers, and others are prone to erroneous judgments or assumptions since they are expected to report every suspected abuse or face charges of “failure to report.”
An accident occurred:
An older may be physically injured as a result of an accident. This may raise concerns of elder abuse, particularly if you had been alone with elders at the time of the accident.
Mistaken identity:
A primary caregiver is frequently considered to be the culprit, whether at home or in a nursing facility. However, in many cases of elder abuse, the perpetrator is not the primary caregiver, but rather someone who had access to the elder.
Inadequate evidence:
There may well be inadequate evidence to prove that abuse occurred beyond a reasonable doubt.
To report suspected child abuse or to seek assistance…
In the neighborhood:
- Toll-free number: 1-800-91-PREVENT (917-7383); or
- Get in touch with the Adult Protective Services in your area (APS)
- 1-800-MD-HELPS (Maryland Network Against Domestic Violence)
- In Assisted Living Facilities or Nursing Homes
- Contact your local Long-Term Care Ombudsman.
- Contact the Department of Health and Human Services’ Office of Quality Of Care (OHCQ)
When you report possible elder abuse, what happens next?
A skilled responder will most likely be dispatched to interview the victim, depending on the circumstances of the possible abuse and who they reported it to. If the interviewer suspects that abuse is taking place, he or she may call family members or send the victim to appropriate resources.
The victim may be unable to take action if they are not forthcoming or unable to speak effectively with the interviewer. In that instance, you may need to take additional steps to protect your victim.
The following are some of the next measures to consider:
- Taking the victim out of harm’s way and transporting them to the safe area.
- Learning more about your alternatives by contacting abuse or care resources.
If local organizations or agencies are unable to provide the support and collaboration you require, speaking with a legal practitioner may be the most effective approach to obtain victim assistance.
Who is the perpetrator of elder abuse?
Any caregiver, including relatives and in-home care providers, can abuse an elderly person.
Elderly persons in nursing homes and residential care facilities are vulnerable to abuse by doctors, nurses, facility personnel, other residents, and visitors. Nursing facilities, on the other hand, are required to provide a safe atmosphere and due care for their residents, and the institution may be held accountable for any harm the victim sustains.
Who Should Be Alerted to Suspected Elder Abuse?
Most medical care professionals are required to report potential elder abuse if your state requires it. They may be held accountable for any injuries or losses sustained by the victim if they neglect to report potential abuse.
Regardless of whether our state requires mandatory reporting or not, everyone who becomes aware of the possible abuse owes it to others to report it.
What if you require assistance in bringing an abused loved somebody to safety?
The Department of Health & Human Services in the United States can assist you in locating services to relocate your loved somebody to safety. You can get a recommendation to a local service by calling 1-800-677-1116. This hotline is open from 9 a.m. to 8 p.m. Monday through Friday. Do not hesitate to dial 9-1-1 if you or another person is in urgent danger.
A lawyer can assist you in weighing your alternatives and making the best decision possible for your loved one. They can also look into the circumstances behind the victim’s abuse, figure out who is to blame and hold that person accountable. Obtaining compensation against elder abuse will assist you in securing the victim’s future and resolving any legal complications that may emerge.
Call 1-800-516-4783 right now to learn further about your options or to schedule a free appointment and case evaluation.
We Can Assist You If Your Loved One Has Been Abused.
It’s upsetting to learn that someone you care about has been abused, especially when it’s by someone you thought you could trust.
While there is no way to undo the harm caused by elder abuse, obtaining compensation throughout a nursing home abuse case or a personal injury lawsuit can aid a victim’s recovery and improve their quality of life in the future.
Compensation can aid in the following areas:
- Medical expenses
- The price of mental health services
- Funds and assets must be replaced.
- Paying for new medical treatment
- Holding people and organisations responsible for their actions.
Seek justice and compensation for your loved one who has been neglected and abused. Begin your free review of the case right now.
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