Legal Definition of Elder Abuse – Lawsuit Information

The elderly are the fastest growing demographic in the United States resulting in an ever increasing number individuals taking residency in nursing homes and elderly care facilities. As the number of elderly care residence have grown, there has been a corresponding rise case of elder abuse. The legal definition of elder abuse varies based on the jurisdiction where the act took place. A general interpretation of laws across the United Stated pertaining to elder abuse is provided below. If you have any further questions after reading this article feel free to contact our law offices toll free at (855) 339-8879.

Legal Definition of Elder Abuse

Elder abuse is a violation of the human rights of individuals and a significant cause of severe injuries to our senior citizens. Specific definitions of elder abuse are provided below. Physical Elder Abuse: Assault and battery against a person over the age of 65; the intentional infliction of physical contact without the consent of the victims. Common example of physical abuse inflicted against the elderly include, hitting, slapping, placing elderly in a restraint without consent, striking with objects, spitting, throwing water and other objects, and striking with blunt objects. Psychological Elder Abuse (emotional abuse): The definition of emotional elder abuse is the non-consensual infliction of mental anguish. Such actions can come in the form of verbal abuse, certain actions and behaviors with the intended purpose of placing emotional harm and stress. Examples of emotional abuse include.

• Withholding letter gifts and personal items
• Frightening nursing home residence
• Destroying property
• Using bad language – verbal assault
• Humiliating nursing home residents
• Making aggressive verbal and non verbal threats

Nursing Home Neglect & Elder Abuse

– Nursing Home Medical Malpractice Lawsuits – Can you sue a Nursing Home – Physical abuse by residents of nursing homes – Sue nursing home for elderly financial abuse – Sued for Abandonment of Elderly Resident – Elder Abuse Statistics – Nursing Home Class Action Lawsuit – Nursing Home Restraints Lawsuit – Nursing Home Falls Lawsuit – Spider Bites in Nursing Home – Nursing Home Isolation Lawsuit – Caregiver Neglect Attorney – Elder Abuse Reporting Laws Fraud Against the Elderly – Financial Abuse: Financial and securities fraud is being inflicted against the elderly at an increasing rate. Financial exploitation can take many forms. The legal definition of fraud the making of false statements of material facts known to be false by the perpetrator resulting in the deception of the victim and financial harm. Common examples of financial abuse perpetrated against the elderly in nursing homes include

• Theft of money, check, or valuable property
• Transfer of valuable property via deception
• Use of coercion to deprive individuals the use of their property

Elderly Sexual Abuse: The legal definition of sexual abuse is the non-consensual contact of any form with an older person (individual over the age of 65). Examples of sexual abuse against the elderly include

• Making of overtly sexual references and sexually suggestive talks
• Touching and fondling of the person without consent
• Sexual contact with immobile, or non competent individual

Elderly Neglect – Intentional or Unintentional: Neglect is the failure of the caregiver to satisfy the elder’s basic needs or to protect the elder from harm. Such actions or inactions can be both intentional and unintentional. A secondary and often used legal definition of elder neglect is the intentional actions that cause harm or greatly increase the risk of harm to the individual by caregivers who owe a duty to residents of elderly care facilities and nursing homes. Examples of neglect include

• Failure to turn immobile and incapacitated residents resulting in bed sores
• Failure to provide medical care
• Failure to provide clothing and basic living needs such as food, and cleaning materials

Further Information: Elder Abuse Lawsuit -Legal Guide