Trusting your loved one to the care of others is never easy. However, the daily demands of you and your family’s lives often will not accommodate caring for an elderly loved one. You must rely on assisted living facilities and healthcare providers to provide the necessary care for your elderly loved one. After learning that a care provider is abusing your loved one, it is understandable to feel angry and upset.
If this happened to someone you love, you have legal options. Consider discussing your case with a personal injury lawyer experienced in Georgia elder abuse or nursing home abuse law.
Types of Elder Abuse and Warning Signs
According to the Georgia Department of Human Services, elder abuse is one of the most underreported and undetected problems nationwide. Elder abuse can occur in assisted living facilities, nursing homes, or virtually anywhere elders rely on the care of others.
Elder abuse may be manifested in a variety of forms. Some common forms of abuse include:
- Physical – The elderly are generally weak and unable to resist or defend themselves when someone physically harms them. Signs of possible physical abuse include scratches, bruises, and unexplained falls.
- Emotional – Actions that cause mental and emotional abuse can include threats, intimidation, and isolation. Name-calling, insults, and repeatedly raising the issue of death are also common types of emotional abuse.
- Sexual – Elderly patients are especially vulnerable to sexual abuse. Sexual abuse against elders may involve forcing them to watch sexually explicit videos, sexual assault, or rape. Sexual abuse of the elderly is especially disturbing and should be immediately reported to law enforcement.
- Financial – Those who steal money from the elderly may do so in ways that are not readily apparent. For example, unexplained credit card charges may not appear until the next card statement. Other signs of possible financial exploitation are checks that appear forged or missing valuables.
- Neglect – The failure to provide adequate care is a form of elderly abuse referred to as neglect. The failure to regularly bathe a patient, provide clean clothes, or serve them a hot meal can often result in serious health complications. Issues like bedsores, malnourishment, or dehydration commonly arise, increasing the patient’s risk for hospitalization and possibly death.
Elder abuse is not acceptable and notifying the proper authorities is essential to ensure the behavior is discontinued immediately. Support your gut instinct by documenting signs of abuse, then consider scheduling a free case evaluation with a personal injury lawyer.
Documenting Elder Abuse
The moment you suspect something is wrong, start documenting your loved one’s injuries by taking pictures, video, and interviewing witnesses. Note the time and date and any additional information that might help your case. Documentation of your loved one’s condition can provide invaluable evidence for reporting abuse and pursuing a civil claim.
Do take your concerns to management immediately and do not rely on staff to report issues for you. Reporting abuse to management lessens the risk of reporting your suspicions of abuse to the actual abuser. Managers may be unaware of the abusive behaviors of the staff they supervise. While this is no excuse, a facility may have employees participating in unacceptable—and illegal—behavior that other employees fail to report.
Reporting Elder Abuse
You may find that addressing the problem internally by informing management yields no changes. After unsuccessfully exhausting internal avenues, report the abuse, neglect, or exploitation of your loved one to law enforcement. The Division of Aging Services offers an online form for reporting suspected elder abuse in Georgia.
The grim reality is that most elder abuse is intentional. The Nursing Home Act protects the rights of your elderly loved ones. The long-standing federal act created a legal right mandating that others treat the elderly with dignity. Additional rights created by the Act include:
- The right to freedom from abuse, mistreatment, and neglect.
- The right to voice grievances without discrimination or reprisal.
When a caregiver violates these and other rights, you must serve as an advocate for your loved one. If you live far from the facility, ask a friend or other family member to check on them for you. Individuals living close-by can easily make unannounced visits to check on your loved one. Randomly dropping in to check on a loved one will increase your ability to confirm or deny your suspicions of abuse.
Always, always report elder abuse. The elderly are susceptible to abuse because they are dependent on others for day-to-day care. For the same reasons they rely on others for care, they may also depend on family to report abuse on their behalf. In addition, they may be reluctant to report abuse for fear of retaliation. If your loved one suffered abuse by a negligent caregiver, follow these steps when reporting the abuse:
- Report the abuse to the institution’s administration.
- If the administration does not address your concerns, contact law enforcement.
- Remove your loved one from the facility that you suspect is engaging in abusive behaviors.
- Consider filing a civil claim.
Elder abuse requires swift and immediate action. Once the abuse starts, it is most likely going to continue, placing your loved one at risk for serious harm. Protecting your loved one and holding the abusers responsible for their negligence is imperative for their safety and your peace-of-mind.
How a Personal Injury Lawyer Can Help You
Elder abuse can happen in a variety of ways by strangers or by someone you know. Abuse may be difficult to detect if your loved one is reluctant to share their experiences or hides signs of abuse. Trusting your gut instinct is important for protecting those who are unable to protect themselves.
Those who abuse the elderly typically face criminal charges. Despite the outcome of a criminal case, you still have the right to pursue a civil claim. Depending upon the circumstances of your case, you may be entitled to compensation for certain expenses. Expenses you may recover for include relocating your loved one to a different facility. Properly documenting the instances of abuse can further help your attorney seek out help and get you out of harms way.
Act quickly to remove your loved one from an abusive situation. Reporting the abuse is equally important. If your loved one is being abused in a facility, others are probably suffering abuse, too.
You may receive a settlement offer from the facility’s insurance company. Undoubtedly, an initial settlement offer will not fully compensate for the costs and losses stemming from the abuse.
Contact a nursing home abuse lawyer should you decide to pursue legal action. Act quickly, as the law limits the amount of time you can file a personal injury or wrongful death claim. Most personal injury lawyers offer free case evaluations. An attorney can further discuss your case and evaluate your options for moving forward.
