Elder Abuse Archives

What Can You Do When Your Elderly Parent Gets Injured in a Nursing Home? Part 1

With the number of senior citizens growing by about 20,000 every day, the number of people who have a parent, close family member, or loved one in a nursing home environment is exploding. Unfortunately, the number of elderly people who suffer injuries as the result of abuse or neglect in these facilities is also on the rise. Not only that, but the number of cases actually reported every year may be just the tip of the iceberg when it comes to nursing home abuse and neglect injuries.

So what are people to do when they believe that their loved ones have been injured as the result of elder abuse or neglect? What options do you have? How can you help your elderly loved one?

Today we are going to start a two-part discussion on some essential issues surrounding eldercare abuse and neglect. As always, if you have specific questions or need legal advice, you should always speak to an experienced personal injury attorney in your area.

Elder Abuse

When seniors or other people are injured in a nursing home, assisted living, or similar type of facility, there are two basic types of situations that you must consider: abuse and neglect. Abuse occurs when someone intentionally tries to harm an elderly person, or that person’s interests.

There are many different kinds of elder abuse, including physical or psychological abuse, sexual abuse, and even financial abuse. In elder abuse situations, a nursing home or eldercare facility employee intentionally harms the elderly person or his or her interests. An elderly person who is harmed as a result of abuse can often sue both the people who caused the harm, as well as the nursing home employing that person. In many situations involving elder abuse, it’s possible that prosecutors could also file criminal charges against those who abused the elderly person.

Neglect

Neglect, though it is itself a type of abuse, is different than the intentional actions involved in many abuse cases. When an elderly person resides in a nursing home or eldercare facility, that facility has an obligation to provide the elderly person with care. This care can be anything from occasional assistance with transportation, to regular assistance with daily activities such as bathing or eating, or even round-the-clock assistance for those with significant disabilities or medical conditions. When an eldercare facility fails to provide the requisite care, that neglect can often lead to serious injuries.

Neglect can also come in different forms, often referred to as passive and active neglect. Passive neglect takes place when the caregiver forgets to provide the necessary assistance, while active neglect involves a caregiver that intentionally fails to provide help to the elderly person.

In either situation, an elderly person who suffers an injury as a result of neglect at the hands of a nursing home or eldercare facility employee can sue that facility for negligence and recover damages he or she might have suffered. If you believe your loved one has experienced elder abuse or neglect, it is best to speak with a personal injury attorney right away.

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When a Loved One Suffers Abuse in a Nursing Home

The idea of a loved one being abused while living in a nursing home, assisted living center, or other elder care environment is a difficult thought to deal with. As more and more Americans reach retirement age every day and the average lifespan keeps increasing, the chances that you or a family member will have to live in a nursing home are high. But, many people don’t realize that nursing home and elder abuse is a growing, and unfortunately common, problem for many seniors.

Abuse, Neglect, and Malpractice

An elderly person who is injured in a nursing home or elder care facility can often sue that facility when its actions directly led to the harms the elderly person suffered. These types of cases are typically divided into one of three types: abuse, neglect, and malpractice.

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