Personal Injury & Workers Comp Lawyers

Elder Abuse and Nursing Home Neglect

According to the Federal Nursing Home Reform Act of 1987, all residents in nursing homes are entitled to receive quality care and live in an environment that improves or maintains their overall physical and mental health. This entitlement includes freedom from abuse and neglect. Yet, the most prevalent types of elder mistreatment in care facilities are abuse and neglect. The bottom line is that abuse and neglect are criminal acts. It is a violation of State and Federal law for any person, including facility staff, volunteers, visitors, family members or guardians, or another resident, to neglect or abuse an elderly resident of a nursing home. Nursing home abuse and neglect is associated with several types of injuries. Among those, bedsores, malnutrition and dehydration, and fractures are most common.

Nursing Home Abuse - Signs and Symptoms

Elder Abuse is a hidden problem and few people feel comfortable talking about it. In fact, abused seniors often refuse to report abuse, and when they do, they may be called demanding, confused or senile.

If a nursing home fails to administer care in a professional and compassionate manner, and you or your loved one has suffered from inadequate care, you may be entitled to compensation. The federal government and each state protect the elderly from abuse by providing a legal cause of action against the abusers. In many instances medical malpractice claims may be filed if it can be proven the health care provider did not give reasonable care to their patients. Health care providers include nursing home professionals and staff. In many cases, the abuse is criminal and criminal law applies. Certain time limitations may prevent you from filing your claim if you delay in pursuing your right.

Financial Exploitation

The elderly lose millions of dollars each year because of financial exploitation. Sometimes the exploitation is the result of a con artist's scam. Other typical abusers include caretakers (paid or volunteer) and professionals. Sometimes, the victim's own family and friends take advantage of or steal their financial resources.

Financial exploitation can range from misuse of an elder’s funds to fraud, taking money under false pretenses, forgery, forced property transfers, purchasing expensive items with the older person’s money without the older person’s knowledge or permission, or denying the older person access to his or her own funds or home. It includes the improper use of legal guardianship arrangements, powers of attorney, or conservatorships.

Financial abuse can be defined as the improper or illegal use of the resources of an older person, without his/her consent, for someone else's benefit. Typical examples include con artists soliciting donations for charities, friends or family persuading the older person to give money, or even power of attorney.