Safeguarding Seniors: Navigating the Legal Landscape of Elder Mistreatment Claims

Seniors living in nursing homes and related facilities have the potential to be mistreated. Though this doesn’t happen at every facility and won’t happen to every senior, it happens often enough that it is crucial families are aware of it, know what to look for, and know what they can do about it if anything happens to their loved one. 

Recognizing the Neglect or Mistreatment

Mistreatment can come in many different forms. It can include physical abuse, which can be seen in unexplained injuries or frequent hospital visits. It could include neglect, which is poor living conditions, poor hygiene, or malnutrition. It can also be financial exploitation, which includes unusual withdrawals of money or sudden changes in wills, or emotional abuse, which can be seen as fearfulness or a sudden change in their mood. Any of these signs may lead loved ones to pursuing claims for elder neglect and mistreatment. 

Understanding Their Legal Protections

Seniors do have a number of legal protections through state and federal laws. This helps protect them from abuse by providing serious penalties for any type of abuse. Loved ones who suspect abuse can start the investigative process by contacting Adult Protective Services in their state. In some cases, healthcare providers and caregivers may be required to call on their own through mandatory reporting laws, which can help with detecting and reporting any mistreatment of seniors when those outside the family see it. 

Filing the Case

If there are any signs of mistreatment, loved ones can contact a lawyer on behalf of the senior to file a case against the facility or caretaker. This starts the process of a lawsuit to attempt to obtain compensation for the mistreatment of the senior. It is separate from any potential criminal cases that can be brought against the caregiver or other person, but a criminal conviction can help with finding the person liable in civil court and having them ordered to pay compensation. 

Potential Challenges

It is important to recognize that there are potential challenges in handling senior mistreatment cases. If the senior is showing signs of cognitive decline, it can be hard for them to remember details or testify. In some cases, claims may involve relatives, not just facilities where the senior lives, so there can be complex family dynamics involved. It can also be challenging to prove the abuse occurred. Working with a lawyer is one way to get around these challenges and get a better result in court. 

Protecting Loved Ones From Harm

While there’s no way to completely prevent potential mistreatment, there are things loved ones can do to help make it less likely to occur. This includes monitoring financial accounts, establishing legal protections, and regularly checking in with them. Open communication is often key in detecting potential issues early and protecting the senior before they get worse. 

If your loved one is experiencing any mistreatment or it’s suspected they’re being mistreated, it is important to speak with a lawyer right away. They can help let you know about the options available for reporting the situation and filing a claim, as well as for helping your loved one move to a better facility or get any help they need to recover from the mistreatment. Schedule a consultation now to learn more.