When we entrust a loved one to a caregiver or nursing home, we expect compassion, dignity, and safety. Unfortunately, this trust is sometimes broken.
Elder abuse in nursing homes or other caregiving situations is an issue that arises in the United States. The National Council of Aging reports that 1 in 10 Americans over 60 has experienced some sort of abuse. The number rose to 1 in 5 during the COVID-19 pandemic.
This can look like anything from physical mistreatment to emotional manipulation or, frequently, negligent care.
While most caregivers and facilities provide quality support, there are instances where abuse goes unchecked. Learn about the red flags in a caregiving situation and how to seek justice for those you love who have been subjected to mistreatment or abuse by nursing homes or caregivers.
Key Takeaways:
- Elder Abuse Is Widespread: About 1 in 10 Americans over 60 experience abuse, rising to 1 in 5 during the COVID-19 pandemic.
- Caregiver Negligence Defined: Neglect includes failing to provide medication, ignoring hygiene, not responding to emergencies, or allowing unsafe conditions.
- Forms of Elder Abuse: Abuse can be physical, emotional, sexual, financial, or neglectful.
- Victims’ Legal Rights: Families can file lawsuits to recover damages like medical costs, pain and suffering, relocation expenses, and wrongful death compensation.
What is Caregiver Negligence?
Caregiver negligence is a form of medical malpractice that occurs when a professional, such as a nurse, home health aide, or staff member, fails to provide the standard of care expected in their role. This may include:
- Failing to administer medication properly.
- Ignoring basic hygiene or nutritional needs.
- Not responding to medical emergencies.
- Allowing unsafe living conditions.
- Failing to prevent known risks such as falls or pressure ulcers.
Negligence doesn’t always involve direct harm. Sometimes, inaction is just as dangerous as physical abuse. When neglect leads to injuries or deteriorating health, legal action may be warranted.
Can a Caregiver be Charged with Neglect?
The answer is yes. In many states, elder neglect can carry civil and criminal consequences. Depending on the severity, caregivers may be charged with criminal neglect or elder endangerment. These are serious offenses that carry penalties such as fines, probation, loss of license, or even jail time.
Apart from criminal charges, families can also pursue civil lawsuits against negligent caregivers or the agencies and facilities that employ them, especially when the neglect results in injury, illness, or wrongful death. This is often the most direct way to hold caregivers and the organizations that employ them accountable.
Can You Sue a Caregiver for Neglect?
Victims of elderly abuse have the right to seek justice through both criminal complaints and civil lawsuits. However, time is critical. Statutes of limitations vary by state, and evidence can disappear quickly.
Elder abuse can include:
- Physical Abuse: Hitting, slapping, rough handling
- Emotional Abuse: Verbal assaults, isolation, intimidation
- Sexual Abuse: Unwanted touching or assault
- Financial Abuse: Theft, fraud, unauthorized access to funds, or other forms of exploitation
- Neglect: Failure to meet the elder’s basic needs
Learn More: Signs of Nursing Home Abuse
What Compensation Can I Receive?
When families and victims file a lawsuit against a home health agency, an individual caregiver, or a nursing home, they can recover damages such as:
- Medical bills
- Pain and suffering
- Emotional distress
- Relocation costs
- Wrongful death, in severe cases
Filing a lawsuit not only helps the victim recover compensation but can also bring about systemic changes and help protect other vulnerable seniors from abuse. While lawsuits often focus on helping individual victims recover compensation, their impact can go much further.
Successful claims can expose patterns of unsafe or negligent practices and encourage others to come forward. Legal action can then shine a spotlight on misconduct, generate public awareness, and compel institutions to raise their standards of care.
How DM Injury Law Can Help You Get Justice for Elder Abuse
If you believe your loved one has suffered mistreatment due to a caregiver, you don’t have to face it alone. We will help you investigate, gather evidence, and hold negligent caregivers accountable.
With years of experience across our firm, we know how to handle personal injury claims and fight for the maximum compensation you deserve. Reach out to our team today for a free and confidential consultation.
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