Are There Clues or Behaviors I Should Watch for if My Loved One Is Being Abused or Neglected?

Have you noticed a recent shift in your loved one’s personality? Are they avoiding your calls, suddenly wearing loose-fitting clothes, or withdrawing from social activities? All four of these activities frequently constitute signs of physical, emotional, or sexual abuse. Children and vulnerable adults often struggle to recognize abuse or how to communicate its occurrence to others.

Further, everyone responds differently to abusive and neglectful behavior. Some people become angry while others struggle with depression and suicide. Many victims intentionally or subconsciously ask friends and family members for help, but sometimes loved ones fail to recognize that their loved one is reaching out to them.

If you suspect a family member has become trapped in a cycle of abuse or neglect, trust your instincts. They may recover financial compensation for any physical or emotional injuries sustained from sexual assault, domestic violence, or medical negligence.

Consider whether your loved one displays any signs of the four main types of abuse:

If you believe any such abuse is taking place, quickly and confidentially contact a legal advocate to discuss your options.

Elder Abuse: Physical, Sexual, and Psychological Abuse by Caregivers

Studies indicate that nearly one in ten elderly Americans suffers from physical, physiological, or sexual abuse, yet less than half of these cases result in legitimate investigations. Rape and physical assaults occur in U.S. nursing homes each year, but domestic violence against elderly family members also accounts for a significant number of elder abuse cases.

Eight Signs of Potential Abuse of Senior Citizens

According to the National Center on Elder Abuse, the following signs commonly indicate physical assault or use of excessive force by caretakers:

1. A loved one’s report of being harmed or hurt by medical staff
2. Various excuses by the facility staff for your loved one’s injuries, as well as the staff’s refusal to allow unsupervised visits
3. Sudden changes in behavior or personality
4. Bruises, welts, scraps, and lacerations
5. Black eyes, broken hips, and skull fractures
6. Open wounds
7. Signs of being restrained, such as swollen and bruised wrists
8. Overmedication, such as the use of unnecessary pain and physiological prescriptions

Five Signs of Sexual Assault of Senior Citizens

Many of the above signs can also indicate sexual abuse, but additional signs of sexual assault include:

1. Bruising and other injuries of the breasts or genital areas
2. Bedwetting
3. Vaginal or anal bleeding
4. Torn or stained underwear
5. STDs and venereal infections

Depression, anger, agitation, unresponsive behaviors, and extreme emotional withdrawal often coincide with physical abuse, sexual assault, and physiological trauma. Most abusive caregivers attribute these behavioral changes to dementia, a medical condition, and prescription drug side effects. However, these signs seldom arise together without ongoing elder abuse or medical neglect.

Practical Steps to Take if You Suspect Elder Abuse

Consider speaking with a local non-profit organization, law enforcement officials, or a legal professional about elder abuse before raising these claims with a caretaker. If they think they are under suspicion, abusers often attempt to destroy evidence, forge medical records, or otherwise hide signs of damage to avoid prosecution and liability. Most personal injury attorneys handle civil assault, elder abuse, and nursing home malpractice cases.

A local legal professional could provide you with a free, confidential consultation and help you contact adult protective services or a local law enforcement agency to report nursing home or caregiver abuse. A nursing home abuse lawyer could also help you transfer your loved one to a safe location, prevent financial predators from accessing bank accounts, and act as an independent advocate during the injury claims process.

Legal Remedies Potentially Available to Victims of Elder Abuse and Nursing Home Neglect

Verified reports of physical or sexual abuse often result in criminal charges. However, families might hold abusers civilly liable for any emotional, physical, or financial damages resulting from elder abuse by filing a personal injury lawsuit.

Potential causes of action include:

• Civil battery – Civil battery claims allow plaintiffs to recover compensation for intentionally inflicted injuries, including the cost of medical bills, pain, and mental anguish
• Sexual or physical abuse – Many states have a separate civil cause of action for sexual assault and elder abuse. Victims might recover compensation for their bodily injuries or physiological trauma linked to the violence. They can even recover punitive damages from the offender.
• General negligence – Families might sue a nursing home, caregiving organization, or individual employees for failing to prevent, recognize, or report suspected abuse.
• Fraud – A nursing home or caregiver might be liable for forging medical records or misleading families about elder abuse.
• Medical malpractice – If medical professionals caused or failed to treat your loved one’s injuries, this might support an independent claim for medical negligence. Overmedicating patients and ignoring evidence of abuse might also give rise to medical malpractice lawsuits.
• Wrongful death – You might bring this civil action if medical neglect or abuse caused or contributed to fatal injuries.

An attorney could help you hold medical professionals, caregivers, and nursing facilities liable for contributing to the physical, sexual, or psychological abuse of an elderly family member.

Domestic Violence

One in three women and one in four men report experiencing intimate partner violence during their lifetime. Domestic abuse takes many forms, but it often involves physical and sexual assault combined with emotional manipulation. Abusers may convince their victims that the victims deserve the harm, or otherwise threaten victims if they speak up. Friends and families must take action to report domestic violence and help its victims before they suffer from life-changing or fatal personal injuries.

Look closely for the following signs that your loved one might be subject to intimate partner abuse:

• Inability or difficulty getting the potential victim alone, such as the partner insisting that they accompany the victim anytime the victim leaves the home
• Controlling behavior from a partner, such as listening to phone calls, accessing social media accounts, not allowing your loved one to speak, cutting off their access to finances, or telling them what to wear
• Extreme criticism or embarrassment by a partner in public
• Aggressive behaviors in the partner, such as excessive competitiveness, breaking items, punching walls, driving recklessly
• Personality changes in a loved one, including withdrawal, depression, and anger
• A pattern of physical injuries including bruising, scratches, and broken bones
• Any indication of sexual injuries, forced intimacy, or denial of birth control

While family members might see clear signs of abuse or neglect, adult victims must typically speak up about domestic violence. You should consider reporting potentially abusive behaviors to a local law enforcement agency or speak with a legal advocate. A lawyer might help you provide a safe place for an abused loved one, support them through the restraining order process, and ultimately work with victims to file a civil claim for personal injuries, sexual abuse, and emotional harm.

Child Abuse: Physical Violence, Extreme Cruelty, Neglect, and Sexual Assault

Mandatory reporters, such as teachers and medical professionals, must contact child protective services if they suspect child abuse. Some abusive parents and household members know this and will coach children’s responses, homeschool them, or deny kids essential medical care. Family members, neighbors, and close friends often desire to intervene in these cases but fear the repercussions of reporting potential child abuse.

A private legal advocate can confidentially discuss the signs of child abuse with concerned family members and help them take advantage of their state’s anonymous reporting options.

Signs of Infant Abuse and Neglect

Infant abuse often goes unnoticed because abusers may attribute these conditions to colic or a medical condition.

Family members should look for a combination of the following indicators of infant abuse or medical neglect, especially if the infant developed these symptoms over time:

An attorney could help you report potential signs of malnutrition, shaken baby syndrome, or sexual molestation to state child protection advocates. This report might give social workers the clearance required to take infants for a medical abuse and neglect examination.

Behaviors Associated with Child Physical or Sexual Abuse

As children age, they may display more apparent signs of abuse. Pay attention to any bruises, fractures, defensive injuries on arms, and personality changes. Extreme phobias, hyperactivity, age-inappropriate questions about sex, pain while walking, and refusing to take off clothing may indicate abuse. If you suspect someone outside your home abused your child, consider retaining legal counsel and taking your child to a psychologist or pediatrician specializing in abuse detection.

Becoming a Kinship Guardian

It takes strength to turn family members in for potential child abuse. Many fear that reporting could result in the sending of a child to an abusive foster home. In most states, you may report child abuse confidentially and take advantage of the legal protections afforded to good Samaritans. Family members also have guardianship and placement priority when CPS removes children from caregivers. You should speak with a lawyer about becoming a child’s legal guardian and prosecuting abusive household members for injuring, emotionally abusing, sexually assaulting, or medically neglecting children.

Medical and Nutritional Neglect of Dependents

Abuse often refers to actions, such as slapping a child, while neglect refers to omissions, such a nursing home facility failing to regular meals to an elderly patient. The vast majority of child welfare and elder abuse cases involve neglect allegations. While abuse and neglect go hand-in-hand, spotting legally actionably neglect often requires discussing your case with legal counsel. The law generally defines neglect as a pattern of failing to provide for a dependent’s basic needs in healthcare, nutrition, clothing, education, and emotional development.

Some of the most common signs of neglect include:

Failing to take children to doctors, administer medications to dependent adults, or bring kids to school might constitute domestic neglect. However, anyone with a legal duty to a person, such as treating doctors, at-home caretakers, or nursing home workers, might bear liability for neglect. Personal injury attorneys could help family members recover compensation for their loved ones if they suspect medical negligence leads to a physical or emotional condition.

Sometimes neglect occurs due to financial troubles, and most states provide financial assistance to families struggling to provide for their dependents. If you suspect neglect by a family member but fear to report them to authorities, a private abuse and neglect attorney might assist you. Legal professionals can provide confidential consultations and help you identify and address financial-based neglect without risking vulnerable loved ones’ health and safety.

Taking Action Against Alleged Abusers

An attorney can help you confidentially report suspected elder abuse, domestic violence, or child neglect. While it’s essential to report apparent signs of abuse and neglect to law enforcement, social service agencies may not take necessary and immediate action due to a heavy caseload or insufficient staffing. Families need a private legal advocate to fight for their loved ones during abuse and neglect proceedings.

Most states allow legal guardians, executors, and victims to bring a civil lawsuit for financial damages related to the abuse or neglect. Filing a case for medical malpractice, negligence, battery, or sexual abuse generally triggers judicial intervention.

Civil litigation may give victims access to the court’s subpoena powers, prevent defendants from destroying evidence, block harassing phone calls, and result in immediately protective orders for victims of abuse and neglect. Judges have substantial authority to issues orders necessary to protect litigants, and they might even help you expedite abuse and neglect proceedings.

Special Legal Considerations for Third Parties Reporting Abuse and Neglect

Only certain individuals can bring civil litigation for abuse or neglect. These individuals include the victim, the estate representative, or a victim’s legal guardian. However, an attorney may help you petition legal guardianship of a child or vulnerable adult to bring personal injury litigation against an abuser.

Consider speaking with a local abuse and neglect advocate about filing a civil lawsuit, confidentially reporting abuse, and your options for protecting vulnerable loved ones.

Most plaintiffs’ lawyers, such as personal injury and medical negligence practitioners, do not charge consultation fees and accept cases on a contingency fee basis. If you’ve noticed the above signs of abuse or neglect in a loved one, confidentially discuss your obligations and rights with local legal counsel.