Should You Hire an Attorney for Elder Care Abuse and Neglect?

Each year, seniors are abused, exploited or neglected. In most cases, the abuse is inflicted by the caregiver, which may be a family caregiver or a professional caregiver. In most cases, the abusers take advantage of the vulnerability of these individuals. The vulnerability may be as a result of cognitive impairment, possible isolation and being frail.

Understanding Elder Care Abuse

Elder abuse is the intentional, knowing or neglect act that imposes harm or serious risk of harm to an elderly person. Elder abuse is a criminal act and may subject the abusers to penalties. There may also be the probability of recovery of civil damages to victims of elder abuse.

Elder abuse can occur anywhere, but in most cases it occurs in their residences. It can be in the nursing home, their own homes, and assisted living facilities or in a family member’s home.

Types of Eder Abuse

When you choose a preferred home care of NY, you must be aware of the fact that elder abuse is possible. Elder abuse comes in many forms and can include the following:

1. Physical Abuse
Physical abuse is characterized by the deliberate infliction of physical harm, impairment or injury. It can include hitting, assaulting, shoving, kicking, biting or throwing objects at an elderly person. It also includes administering drugs inappropriately, restraining or confining the senior person.

2. Sexual Abuse
Sexual abuse refers to any unwanted sexual contact with the older person without their consent. This may include showing them pornographic material, sexual acts¸ forcing them to undress or watch sexual acts.

3. Emotional Abuse
Emotional elder abuse can be in the form of threatening, yelling, humiliating, ignoring, ridiculing, menacing or terrorizing an elder person.

4. Financial Exploitation
This refers to the unauthorized use of the older person’s property or income. Financial exploitation may be committedby an individualclose to the elder, such as the caretaker or a relative. It can also be committed by a scam professional or artist includingfinancial advisors, insurance agents or attorneys. Examples of financial exploitation include forging the signature of the elderly person, stealing cashfrom their bank accounts, identity theft, stealing property from the person, or misusing the elder’s credit cards, checks or benefits.

5. Neglect
Neglect is failing to fulfill the caretaking obligation. This is the maincause of elder abuse cases. It can be intentional or unintentional if it is a result ofdynamics such as understaffing or ignorance.

Warning Signs of Elder Abuse

How can you tell that there is some form of a good preferred homecare NY elder abuse taking place?

There are typical warning signs that elder abuse is occurring. For instance, the elderly person may show signs of physical injuryincluding marks, bruises, pressure marks or fractures.

There can also be behavioral indications such as the elderly person becoming withdrawn from normal activities, exhibiting depression signs or responding differently with the caregiver.

When it comes to sexual abuse, the individual by have bruises around the private area, claims by the elderly person or the infliction of a sexually transmitted disease.

Neglect can be indicated by signs of poor hygiene, bedsores, unattended medical need and unexplained weight loss.

Emotional abuse can be indicated by controlling the person, tense relationship between the caregiver and the victim, the caregiver making belittling threats.

Financial exploitation can be indicated by unpaid bills, unusual purchases, disappearing of money, many cash withdrawals,coercing the elderly person to change the will, unauthorized charges to credit and debit cards, increased use of credit cards.

Risk Factors

There are a number or reasons that make elderly individuals the target of abuse. Often, they have a higher net worth compared to younger individuals, which makes them an attractive target.

Elderly individuals may also suffer from cognitive impairment which impacts their ability to realize the signs of abuse or conveydetails to the law enforcement. As they become frailer, it becomes impossible for them to stand up bullying. If they live alone, they may fear reporting instances of abuse to convince the family the need to have them put in a home.

Seeking Legal Assistance

If you are concerned that your loved one, you can take steps to protect them. By staying in contact with a loved one who is in the care of a relative or a professional caregiver may help prevent abuse or alert someone more quickly if abuse starts to occur.

You may want to consider hiring a personal injury lawyer to pursue a claim against the caregiver who has abused the elderly person and the agency that employs them. Civil damages may be available to cover the victim’s pain, injuries and suffering.

When it comes to finding a good attorney, you must take the time to review their past work track record and note on the type and number of cases they have handles. It is important that most of their cases relate to your situation. Not all lawyers are right for every client, so make sure that you interview them and consider the type of services they offer, including special knowledge of veteran services or specific health issues. They must also be knowledgeable about your state’s laws relating to senior cases which can differ from one state to another.

One of the best places that you can start your search for an elder care attorney is the National Academy of Elder Law Attorneys, Inc. The organization provides a directory of members committed to upholding a set of aspirational standards aimed towards offering the highest level of service to the elders.

Conclusion

When it comes to choosing home care that is preferred, it is important that you understand what comes with it. There are instances of elder care abuse that occur every now and then and how you deal with them determines the well-being of your loved ones. Elders get abused in numerous ways including emotionally, physically, sexually, financially, and through neglect. It is important that the family members maintain close contact with the elderly relatives to notice any signs of abuse and act on them immediately.