Suing for Elder Abuse in California
Families with older members in nursing homes or under at home care will be worried to find out that elder abuse comes in many forms. Families can’t just look out for bruises, as their loved ones can endure multiple mistreatments at the hands of someone who is supposed to improve their livelihood, not diminish it.
Mistreatment or exploitation of seniors can occur right under the noses of their family members. The good news is that the seniors and/or their families can file a lawsuit with an elder abuse attorney.
Physical Abuse
Physical abuse against a senior citizen is the form of abuse that people think of the most when elder abuse comes to mind. This refers to any time physical force is used to hurt, intimidate, or coerce the senior.
Common forms of physical abuse are:
- Hitting
- Kicking
- Slapping
- Beating
- Pushing
- Burning
Nursing home abuse can also include the excessive use of restraints, drugs, and force-feeding.
Clients often tell our elder abuse attorneys that they aren’t sure what’s considered physical abuse since acts that wouldn’t hurt a young person can leave bruises on an older person, like grabbing their arm.
Emotional/Psychological Abuse
Emotional and psychological abuse are when someone purposefully inflicts emotional pain on the senior. Common forms of this kind of abuse include:
- Humiliation
- Threats
- Insults
- Harassment
While this kind of abuse is usually verbal, it can also take the form of the silent treatment. Isolating an older adult from their support system or refusing to engage in social interaction with them can also be non-verbal forms of psychological abuse.
Financial Exploitation
Older people often need help with their finances, as managing their assets becomes more difficult. Also, studies show that aging decreases a person’s ability to identify scams, leaving older people vulnerable to phone and internet scams.
Financial abuse covers a broad spectrum of financial exploitation, including theft, fraud, embezzlement, and even conservatorship abuse. Especially when elders become incapacitated, greedy individuals may make fraudulent purposes using their credit cards and forge their signatures on checks.
Sexual Abuse
Just like with any sexual abuse, non-consensual sexual contact with a senior is abuse that can be prosecuted in a court of law.
Signs of sexual abuse in older adults can be changes in mood, unexplained STDs, and genital bleeding.
Neglect
Elder neglect is also considered abuse. When a caregiver is hired to take care of a senior, they need to make sure that person is kept fed, hydrated, clean, and in basic comfort.
In-home caregivers, nursing homes, and other care facilities need to actively care for the older persons in their care. Many care facilities have become understaffed in recent years, and this burnout can often cause certain patients to be left on the backburner.
Being left for a long period of time can greatly decrease an older person’s life expectancy. When facilities can no longer take care of patients, they need to let the families know instead of leaving them in squalor.
How to Sue for Elder Abuse
As with any personal injury lawsuit, you can sue for the damages caused by the negligent party so that they are held accountable. Our personal injury attorney can help you prove your damages by gathering evidence and using the testimony of our contact list of expert witnesses.
Our Sherman Oaks personal injury law firm has helped countless people get five and six-figure settlements in situations where they have suffered a loss as the result of an accident or intentional act. Whether it’s a construction accident or a DUI accident, our attorneys can help file a lawsuit for financial compensation.
While a financial settlement will not take away the grief and loss you feel, this money can be used for therapy and to ensure that descendants are taken care of. Our law firm operates on a contingency fee basis so our clients pay nothing out of pocket. Contact us to speak with a lawyer.
RELATED BLOG
Woman Drowns in a Pool Full of People and isn’t Found Until Days Later
The unthinkable happened at a Fall River, Massachusetts public swimming pool one day in the summer of 2011, and this [...]
Can You Sue for Elder Abuse if the Elder Has Died?
Elder abuse refers to any mistreatment of an older person, typically over the age of 65. When asking “what are [...]