The growing population of the elderly in the United States has prompted a corresponding need for at home caregivers. Unfortunately many caregivers fail to proved the proper care and treatment required of them under the law resulting in thousands of incidences of neglect, abuse, financial fraud, and emotional distress. Our law firm is proud to represent victims who have suffered unimaginable physical and emotional damages at the hands of their caregivers.
If your loved one has suffered due to caregiver violations feel free to contact our elder abuse and neglect attorney to schedule a free and completely confidential case evaluation. Call toll free (855)385-2529 or fill out our email evaluation form here.
What is Elder Abuse and Neglect
Caregivers and home nurses have a duty under the law to proved for reasonable care. Elder abuse is regarded as a person who willfully causes or permits harm to any elder and dependent adult; specific acts of elder abuse include, physical abuse, financial abuse, abandonment, isolation, abduction and other treatment resulting in physical harm. Elder neglect of the elderly is generally defined as the negligent failure of a person having the care or custody of an elder or dependent. Common signs and symptoms family members and loved ones of the elderly should look for in order to detect abuse or neglect include, dirty bedding and clothing, foul smell and odors, bed sores, black eyes and other bruises not consistent will falls, sings of emotional trauma including PTSD, depression, and anxiety.Common Acts Caregiver Neglect
- Mediation errors – often resulting overdose of medicine,
- Failure to turn immobile individuals resulting in cased of pressure ulcers (bed sores)
- Physical and emotional isolation of the elderly
- Failure to notify medical personal including physician of the elderly patient when there is a medical emergency
- Failure to provide for proper health and nutrition – resulting in malnutrition and dehydration
- Failure to provide proper clothing, heat, and bedding .
- Financial fraud resulting in emotional distress
- Falls form bed and slip and falls caused by negligence in care and treatment
- Physical Abuse
- Verbal and emotional abuse including bullying, humiliation and denial of basic human rights to make choices
- Physical Isolation
- Intentional withholding of food, clothing, and personal items
- Use of threats for financial rewards
- Financial exploitation abuse including fraud and theft
- Sexual assault of the elderly including fondling, inappropriate touching, genital contact, and making sexual remarks.
Statute of Limitations for Filing a Lawsuit for Caregiver Abuse or Neglect
Generally the statute of limitations for filing a personal injury lawsuit is two years from the date of the injury. Failure to file within the statutorily allotted time period will eliminated an individual’s right to seek recovery.
Expectations to Statute of Limitations: In some circumstances courts have allowed for a tolling (or temporary halting) of the statute of limitations. Examples included, (1) Mental incapacitation of the victim, (2) Physical incapacitation of the victim, (3) The victim and or their family members did not know of the harm caused by the caregiver until sometime after the crime has taken place.
Filing a Lawsuit Against Caregiver – Attorney Representation: If your loved one has been harmed by negligent, intentional and illegal actions of a home caregiver contact our law offices for a free and confidential case analysis.
Read Also
– Bed Sore Lawsuit – Statute of Limitations– Stage III Bed Sore Lawsuit
– Stage IV Bed Sore – Nursing Home Liability
– Hospital Liability for Bed Sores
– Average BedSore Settlement
I am a handicapped individual who is being neglected by her caregivers. I am unable to shower without assistance I go days without one. I am not being offered meals and snacks or fluids on a regular basis. I am a falls risk and have not been offered assistance when arising or sitting. My apartment remains cluttered as I have trouble picking items up. I suffer chronic pain and take medications that make me drowsy. I need assistance in every aspect of daily living. I am on oxygen 24/7 and have to stay away from heat sources and am unable to cook a meal I have been kept inside a lot and have tried, on my own to get to gatherings offered in my retirement community. I cannot drive due to medical issues and require someone to buy groceries and personal care items and no one has. I am allotted, by my insurance, 32 hours of caregiving a week and I barley receive 10 of those hours and half the time no one shows up and I don’t receive a call telling me they are not coming. As of today I have gone 4 days without a shower or basic grooming/dressing. I ended up in the emergency room due to a slip on the ice that led to a lot of problems including unbearable pain, hypoxemia even while on oxygen requiring me to turn my concentrator up from 2lpm to 4lpm. my blood pressure had dropped making me dizzy and I am just not receiving the care I need. Steps I have taken are consulting the agency , consulting my insurance company, having a very detailed meeting between my insurance care coordinator and two of the head staff members of the agency. I have created a caregiver hand book so that my caregivers know what to do. I am not sure what my rights are. I am only 37 and living in a apartment complex for elderly and disabled