Elder abuse is a serious problem that can cause long term harm to all parties involved. Elder abuse can present intself in multiple forms including financial abuse, physical abuse or neglect. Out of fear, older individuals often do not protest and call attention to their injuries. One should always be on the look out for warning sings of nursing home neglect and senior citizen abuse including marks and bruises on the body, unclean and unsanitary bedding, bed sores, heavy and unnecessary medication to sedate patients.
Abuse Neglect and Mistreatment Statistics: According to a recent study nearly 1/3rd of all nursing homes in California were cited for federal and state violations of laws and statutes pertaining to proper nursing home care of the elderly. In another study over 50% of nursing home staff admitted to some form of mistreatment of the elderly in the past year; with the most prevalent being nursing home staff elderly neglect.
Types of Elderly Abuse Against Senior Citizens
Financial and Fraud Against Unsuspecting and Trusting Elderly:
Financial abuse of elders includes the improper use of funds or the theft or misappropriation of monies entrusted to the caretaker, spouse or child for the benefit of the elderly party. In such instances the financial assets of the victim including money received from government agencies, retirement accounts and other funds in their possession. When such funds are entrusted to another it is improper to misappropriate or improperly use such monies for their un-intended purpose.
In such instances the victim can be entitled to recovery for the theft of such funds, attorney fees and possible punitive damages.
Home Care and Nursing Home Neglect:
Neglect is another form of elder abuse that can take many forms. Elder neglect can arise when the designated caretaker fails to render the proper level of care to his patient. Generally, such instances occur when the needs and wants of the patient are neglected. Such issues can cause emotional trauma, feelings of abandonment and possible physical harm for failure to administer proper medical care or treatment. When the caretaker either fails to remedy such concerns in a timely manner or appoints a caretaker who is not qualified to assist in such matters, then they can be held liable for injuries suffered.
Nurse and Home Care Abuse:
Abuse in the form of physical or sexual harm occurs in old age or convalescent homes and often goes un-noticed. Aside from criminal liabilities, such establishments or homes can face serious civil liabilities. When employees of such establishment fail to render proper aid or act in a manner which further such abuse both the employer and employee can be held liable for the harm.
Identifying Elder Abuse
Signs of elder abuse include:
- Sexual abuse;
- Financial abuse;
- Shaking or beating victim;
- Failure to provide medical attention or care in a timely fashion;
- Improper, un-needed or prolonged restraint;
- Improperly dispensing medication; or
- Medical neglect in the form of improper medical care
How Long Do I Have to File My Claim for Elderly Abuse?
Time requirements for filing your claim are subject to a number of different factors. However, victims can have up-to three or four years to file a claim for injuries. When there is a conscious disregard for the rights of the victim then a lawsuit can be a proper method of resolution. While each claim can be different these time limitations are subject to the type of injury suffered. It is important to have a qualified attorney evaluate your claim and properly assess your damages.
Victims at Risk: Preying on the Elderly
Elderly victims are often some of the most vulnerable in our society. They lack the means necessary to properly seek justice for the harm suffered. Many are left without proper legal representation which can cause delays in filing their case. Our firm cares for the rights of the elderly and will aggressively fight for their representation. Our attorneys will make sure that your rights are protected and will take measures to alert the proper authorities and take all needed measures to ensure their future safety. For those who receive SSI or SDI benefits we will make sure that your settlement does not discontinue your benefits.
Our elderly law abuse attorneys at Downtown LA Law can be reached at 855-385-2529 for an absolutely free case evaluation.