Elder Abuse

What constitutes abuse or neglect of an elderly or disabled individual?

By March 25, 2020No Comments

Physical abuse includes the unlawful or inappropriate touching of an infirmed, elderly, or disabled individual by any person, including an employee, staff, or other resident of a facility in which the individual resides. 

Neglect includes, but is not limited to, the following actions or inactions by an employee or staff member of a facility in which the infirmed, elderly, or disabled individual resides: failure to provide proper supervision and/or protection, failure to properly train the facility’s employees, staff or attendants, failure to properly supervise the caregiver’s employees, staff or attendants, failure to properly or timely notify the family and/or representatives of the infirmed, elderly, or disabled individual.  

Nursing homes and homes for the developmentally disabled are legally responsible for the actions (or failure to act) of their staff and employees regarding physical abuse or neglect.  Specifically, individuals residing in nursing homes and special needs facilities are entitled to be treated with care, respect, and dignity and to live in an environment that is free from abuse and neglect by staff, employees, or other residents of the facility at all times. Perhaps most troubling is the fact that many employees and staff of facilities are not properly trained, educated, or otherwise qualified to handle the rigors of caregiving for the elderly, disabled, and infirmed population, which heightens the risk that abuse and neglect, however slight, can occur to a loved one residing within the facility.  

In addition, elderly, disabled, and infirmed individuals are at a heightened risk for abuse and neglect by staff or residents within the institutions and homes in which they reside because the of their diminished physical and mental capacities.  In addition, these individuals are prone to greater psychological distress from abuse and neglect due to an inability to properly cope and seek appropriate psychological care because of their diminished capacities or due to financial restraints.   Therefore, an evaluation by a qualified psychiatrist is crucial to determine if there are any psychological traumas or distress due to abuse or neglect of a loved one by a caregiver or within an institution.

Apart from the potential criminal liabilities, the representatives or family of the individual are entitled to recover potentially significant monetary (money) remedies from the institutions where abuse or neglect occur to their loved ones by staff, employees, or residents of the facility. These monetary remedies include, but are not necessarily limited to: bodily injuries, psychological injuries, mental anguish, loss of consortium, loss of support, loss of guidance and nurture, loss of love and affection, loss of enjoyments of life, and other general and special damages.

 

Seek the Guidance of an Experienced Attorney.  With so much at stake, it is imperative to work with an attorney who has a proven track record of experience in cruelty, abuse, and/or neglect cases that is necessary to ensure the rights of the infirmed individual and your family are protected.  The attorneys at Creighton Macaluso Law Firm, LLC have years of experience helping their clients achieve the maximum compensation that they deserve. Contact them today to schedule a completely free consultation if you or someone you know may have a family member or friend that has been cruelly mistreated, abused, and/or neglected by a caregiver.

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