The terrible reality of elder abuse in nursing homes is one that haunts our society even now. Approximately one in every six adults aged 60 and over had suffered abuse in community settings in the last year.
The World Health Organization reports that abuse has become more common in long-term care facilities and nursing homes. In the prior year, two out of every three employees reported mistreatment.
While nursing homes are intended to provide compassionate care for our elderly loved ones, instances of abuse and neglect can occur. Legal recourse is often necessary to hold those responsible for such reprehensible actions accountable and seek justice for the victims. In this article, we delve into the legal proceedings involved in addressing elderly abuse in nursing homes.
Identifying Elderly Abuse
Understanding the warning indicators of elder abuse is essential before exploring the legal ramifications. In addition to neglect, abuse can take many different forms, such as financial, emotional, sexual, physical, and psychological abuse.
Physical abuse might result in unexplained injuries, bruises, or fractured bones. Sudden behavioral changes, withdrawal, or sadness may suggest emotional abuse. Scars from sexual abuse can be psychological as well as physical.
Unauthorized withdrawals, alterations in financial records, or unexpected changes in the older person’s financial condition are all common forms of financial abuse. Neglect might manifest as inadequate hygiene, hunger, or neglected medical concerns.
Besides the victims and their family members, even nursing home staff, such as nurses, should be able to identify abuse. One way to do this is by offering ample and appropriate education to the nurses. A PubMed study found that educating them can enhance their knowledge and increase the identification and reporting of elder abuse.
Initiating Legal Proceedings
When elderly abuse is suspected or identified, initiating legal proceedings is often the next step toward seeking justice. Usually, the procedure starts with obtaining proof to back up the abuse claims.
Medical records, eyewitness statements, injury photos, and financial paperwork are a few examples of this proof. Documenting any signs or incidents of abuse meticulously is essential, as this evidence will be crucial in pursuing legal action.
Consider the example of a recent sexual abuse that occurred in Missouri. A certified nursing assistant was arrested by the police for rape and sexual contact with a resident of the nursing home.
According to KOMU 8, she was a dementia patient and used to often call multiple men by her late husband’s name. A witness said the incident was recorded on camera, and the footage is now a part of the evidence.
These kinds of evidence can help strengthen any case and increase the chances of legal victory. According to TorHoerman Law, an attorney can help you find and collect evidence if you don’t already have it. Lawyers have several years of experience communicating with people around the incident and finding relevant information through them.
Moreover, they also have a wide professional network that can help them find witnesses and evidence. Therefore, hiring a local attorney who can help you in such scenarios is always advised. For example, suppose your loved one has been abused, just like in the above case, in a city in Missouri, say St. Louis. In that case, you can look for St. Louis personal injury lawyers.
Consulting Legal Counsel
When pursuing legal action for elderly abuse, it is advisable to seek the guidance of an experienced attorney specializing in elder law. When it comes to navigating the legal system and fighting for the victim’s rights, an experienced attorney may be of immeasurable help. The lawyer will go over the evidence, evaluate the case’s merits, and offer advice on the available legal choices during the initial session.
Filing a Lawsuit
If sufficient evidence of elderly abuse exists, the attorney may recommend filing a lawsuit against the nursing home facility. The lawsuit may seek damages for the harm caused to the victim, including compensation for medical expenses, pain and suffering, etc.
A lawsuit’s filing starts the official legal procedure, which consists of many steps. Pretrial motions, discovery, and, in the event that a settlement cannot be reached via settlement talks, a trial are some crucial phases.
Discovery Process
Both sides communicate pertinent information and evidence during the discovery phase of the legal procedure. Documentary evidence, expert testimony, and witness statements may be examples of this. Depositions may be conducted, during which witnesses provide sworn testimony under oath. Each side can gain a deeper understanding of the advantages and disadvantages of the other side’s case through discovery.
The documents collected as evidence can also include any medical tests done for the injuries suffered by the victims. An NCBI study shows that hemorrhage on the head was the most common finding in such tests and evaluations. It was found in 85.7% of the cases, with injuries commonly observed in lower limbs.
Settlement Negotiations
Settlement negotiations may occur between the parties to resolve the case outside court throughout the legal proceedings. It is possible to make and accept settlement proposals in order to come to a mutually beneficial agreement. A just settlement can be reached for the victim while sparing the parties from the trial’s duration, cost, and uncertainty.
Frequently Asked Questions
What sort of maltreatment is most prevalent in nursing homes?
The most prevalent kind of abuse in nursing homes is neglect, which is followed by physical abuse and emotional or psychological abuse. Neglect may be defined as a failure to provide basic necessities like food, water, hygiene, or medical care.
What to do if you suspect elderly abuse?
If elder abuse is suspected, it is critical to act quickly. Begin by noting any indicators or proof of abuse, such as injuries, behavioral changes, or unusual money activities. Report any suspicions to the proper authorities, such as adult protective services or police enforcement.
What are the many forms of elder abuse?
Elder abuse can come in many different ways, such as neglect, financial, emotional, sexual, and physical abuse. Regarding the victims’ bodily and mental well-being, each of them may have different consequences.
To conclude, legal proceedings for elderly abuse in nursing home facilities are a critical means of seeking justice. Through the identification of telltale indicators of abuse, seeking legal advice, and initiating legal proceedings, victims and their families can bring negligent parties to justice. The legal system is an essential tool for combating elder abuse and defending the rights of the elderly, despite its potential complexity and difficulties.
