When you learn of any mistreatment a nursing home and its caretakers have wrought upon your elderly loved one, the course of action should be immediate. Seek assistance from nursing home abuse lawyers.
But what exactly is considered nursing home abuse? And why the need to hire legal representatives instead of taking matters into your own hands? Read on and find out.
What Classifies As Nursing Home Abuse?
There are 5 main categories of elderly mistreatment— Neglect, Physical Abuse, Emotional and/ or Mental Abuse, Sexual Abuse, and Victimization or Exploitation. One incidence of any of these 5 categories should be enough to have you respond with legal backing against the offender/s.
Elder Law Defined
Having to go through this ordeal, along with the distress, anger, and heartache of knowing that your family member was wronged inhumanely, can be discouraging and frustrating. So we urge you not to give up the fight. Here’s what you should know about the Elder Law.
The scope of the Elder Law is considered “common rights” of senior citizens and they serve as the backbone for ensuring that said vulnerable population is protected from maltreatment and exploitation.
The legal practice of upholding Elder Rights encompasses specializations that pertain to particular elderly-related concerns. These include, but are not limited to, Care and Housing, Health, Social Security, Trusts and/ or Wills, Retirement Benefits Distribution, and Elder Abuse.
Most nursing home abuse representatives do not frequently broach the aspect of litigation. In other words, they’re not always necessitated to take matters to court. A majority of what they do are tied-in to transactional proceedings such as the transference of assets from the elderly client to those whom he or she wants to write into his or her will, compilation and resolution of tax returns, inheritance allotment, real estate division, etc.
The “Power Of Attorney” can also be put in place for elder rights concerns that are “easier” to handle, compared to the more severe case above mentioned. It allows the participants to move rather independently, without constant counselling and deliberation with their lawyers.
Still, it’s advisable to consult with your attorney as these issues are legally binding. Moreover, having a lawyer who specializes in elderly abuse will give you and your family that much-needed peace of mind in the midst of these trying times of discourse and decision-making.
Elder Abuse And Litigation
Elder abuse is often one of, if not the only bracket under Elder Law that is commonly escalated to the courts. Lawsuits are drafted because the cases themselves are highly sensitive and require appropriate and critical action.
For this reason, it will be advantageous to be aided by a nursing home abuse attorney who specializes in this field. This shall prove helpful especially if the accused will also have their own legal representatives to contest your and your loved one’s claims.
The Truth About Elder Abuse
According to the World Health Organization (WHO), an estimated 16% of senior citizens across the globe experience some form of maltreatment. What’s staggering is that this number is considered a blatant underestimation.
In reality, their researches have revealed that over 60% of elderly persons who are fostered in a nursing home receive some level of mistreatment from the staff of homes for the aged. And the problem is that a very small portion of the percentage of victims come forward to report their being abused.
What Nursing Home Abuse Lawyers Can Do For You
When there’s no solid and/ or visible sign of neglect, physical abuse, or that there’s a lack of damning proof against any exploitation of assets, you might find it difficult to move the case against the abusers forward. This is where elderly abuse attorneys can step in.
In the event that there are no “perceivable” injuries as stated in the elderly victim’s medical examination, there are other means lawyers can utilise to convince the court of the occurrence of victimization.
The lack of and/ or the loss of mobility, malnutrition and sudden weight loss, unsanitary living conditions, trauma, unexplained expenditures taken from the victim’s assets, etc. Tracking down all of these is tedious, and is close to impossible without a legal representative who has networks of connections who can help procure said shreds of evidence lawfully.
Oftentimes, reporting abuse can be traumatic for the victim. More than this, it can be challenging for you, too, if you’re unclear about how to report the incident and whom to report it to.
The presence of elderly abuse lawyers can be a form of protection for your elderly loved one. They are a means and a symbol of “protection” that the law provides for the abused, and “protection” concerning the recording and validation of the recollection of accounts of the abuse.
One of the reasons why only a handful of victims divulge their stories (self-reporting) is because they feel most vulnerable and helpless in their situation. A variable within the confines of psychological abuse is in the form of depriving elderly patients of their basic rights, as well as their right to dignity. And on many occasions, the latter is among the strongest reasons why victims keep silent.
With a legal representative at their side and at their defence, they can rest assured that their stories won’t merely be heard, but that the perpetrators will be brought to justice.
No amount and kind of compensation can reverse the sufferings your elderly relatives have gone through. However, nursing home abuse attorneys can at least secure compensation enough to build a better future for them. Compensation that will help them start anew, and away from the painful memories of being under the care of criminal caregivers and/ or neglectful elderly care institutions.
Besides this, your lawyers can assist you and your senior relatives in making certain that this won’t happen again. Additional safeguarding can be drawn over assets. They can also guide you in your search for possible contacts for accredited nursing homes and/ or caregivers who don’t just have clean records in terms of elderly maltreatment, but also have impeccable feedback regarding how they look after their elderly patients.