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 (888) 649-7166
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
Common Acts Caregiver Abuse Against the Old
- 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.
– 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