ELDER ABUSE LAWYER IN GAINESVILLE

Elder abuse takes on many forms, including physical, emotional, and sexual abuse. It also includes financial exploitation and neglect. Family members or spouses can carry out abuse against the elderly. However, when it comes to civil litigation, perpetrators are usually the staff in nursing homes or assisted living facilities. Still, older adults could be subject to abuse in other facilities, such as hospitals, or even in their own homes by in-home caregivers. Regardless of where the abuse occurs, it's a serious issue, and abusers should be held to account.

Every year in the U.S., an estimated 1 in 10 older adults experience some form of harm at the hands of others. Elder abuse happens when someone intentionally inflicts harm on an older adult or puts them at risk for some kind of injury. In a legal sense, the term "injury" doesn't just apply to physical harm. It can include emotional trauma or anything that may impact the dignity and sanctity of their person, including abuse that could leave them financially unstable. 

Frequently, as we age, we're subject to physical and mental decline, which makes us more at risk for abuse. Elders living with any form of dementia are particularly prone to being victims of abuse because they may struggle to express how they are feeling and have issues with memory. One of the symptoms of dementia is withdrawal from communication, which is also a sign of caregiver misconduct, making it very difficult to detect if abuse is actually happening to an individual.

Older adults who are immobile, and thus often isolated from group settings, are also more susceptible to abuse because they aren't seen. Likewise, nursing home residents that don't receive visitors regularly are easy targets because the chances of getting caught are minimal.

Older adults of either gender can be victims of abuse. Still, statistics show that women are abused more often than men. The reasons for this include many factors, such as:

• Women are viewed as easier targets than men
• Women tend to have longer life expectancies
• Elderly women are more prone to disabilities such as osteoporosis and Alzheimer's disease

Seniors are often the target of financial exploitation for the same reasons they are easy targets for other forms of abuse. Age-related issues like physical impairment and declining cognitive thinking skills make them easier to exploit.

When we find care for our elderly family members, often it's because we lack the skills necessary to provide them with the proper medical attention, or we may be overwhelmed with other family responsibilities. Making the decision to put an elderly family member into the care of others is never easy. Still, we expect that they will be treated with dignity, kindness, and professionalism. When we suspect the opposite is taking place, it's understandable to feel anger and to want wrongdoers punished by every means possible.

To ensure your loved one is kept safe, the first step is to understand the signs of elder abuse. Here are some warning signs to look out for if you suspect something isn't right.

Emotional abuse - Emotional or psychological abuse of the elderly is any action that erodes their sense of self-worth, dignity, and identity. Some examples include:

• Cruel words that make an older adult feel unworthy
• Ignoring or removing an older adult's ability to make their own decisions
• Threatening to withhold essential needs like food, water, and medicine
• Verbal intimidation
• Ignoring and isolating an older adult
• Not allowing an older adult to socialize with other residents

Signs of emotional abuse in a long-term care facility

• Low self-esteem
• Withdrawal
• Lack of eye contact with abusers
• Tearfulness
• Fearfulness
• Reluctance to speak around abusers
• Sleeping problems

Physical abuse - Physical abuse occurs when a caregiver commits an act that results in a physical injury of an older person. Some examples include:

• Hitting
• Slapping
• Punching
• Pinching
• Pushing
• Shaking
• Scratching
• Choking
• Kicking
• Use of object to cause bodily harm
• The use of physical or chemical restraints

Signs of physical abuse in a long-term care facility

• Bone fractures and breaks
• Bruising
• Welts
• Laceration marks
• Open or untreated wounds
• Sprains
• Dislocations
• Broken personal items such as eyeglasses
• Broken teeth
• A sudden change in behavior
• Laboratory results that show signs of overdose or underuse of necessary medications

Sexual abuse - Sexual abuse occurs when there is any kind of unwanted or nonconsensual touching or sexual interaction with another individual. Predators may target victims that are unable to communicate. Even other residents may prey on vulnerable individuals, and the capacity to consent may be called into question if the victim is living with cognitive issues. Here are some examples:

• Sexual contact with an older adult who is confused or unable to give consent
• Forced nudity
• Any non-consensual touching or penetration
• Forcing an older adult to witness sexual acts or look at pornography

Signs of sexual abuse in a long-term care facility

• Unexplained sexually transmitted diseases or infections
• Bruising, bleeding, or irritation in the genital, anal, and breast areas
• Painful urination and bowel movements
• Stained or torn undergarments
• Anxiety or fear of using the restroom
• Nightmares and other sleep issues
• Changes in eating habits
• Fear of specific places and people
• Withdrawal

Neglect - Residents of a nursing home or assisted living facility can face many forms of neglect, whether purposefully or on accident. Either way, it's a crime under Florida laws. Deprivation of essential needs generally encompasses neglect. Here are some examples:

• Failure to provide food and water
• Failure to help with personal hygiene
• Leaving residents with mobility issues isolated or in bed for extended periods of time
• Failure to provide a clean environment
• Failure to alert medical staff of resident's health issues
• Failure to administer prescribed medications

Signs of neglect in long-term care facilities

• Bedsores
• Weight loss
• Dehydration
• Dirty clothing and bed linen
• Unwashed hair and body odor
• Unsanitary living conditions
• Unsafe living conditions
• Untreated health conditions
• Inadequate clothing
• Mood changes

Financial exploitation - Financial abuse of the elderly is a genuine problem and occurs whenever a caregiver steals, defrauds, or manipulates an older adult into giving them access to money, valuables, or assets. Here are some examples:

• Theft of money and valuables
• Forgery
• Misuse of funds
• Use of ATM cards
• Pressuring a resident for gifts or money

Signs of financial exploitation in long-term care facilities

• Changes in the power of attorney, will, or trusts
• Missing money or valuables
• Unusual activity in bank accounts
• Purchases that the resident can't or wouldn't use, such as a gym membership
• Fear of speaking in front of certain caregivers
• Fear of spending money

Older adults who are victims of abuse have higher rates of depression, anxiety, and poor health than those that do not experience the same mistreatment. The effects of abuse can be very serious, and older people take much longer to recover. Abuse can even lead to premature death. Elderly individuals that have been abused often develop other complications that require medical and psychological intervention.

The victimization of older adults should be reported immediately if the individual is in life-threatening danger. If the threat isn't imminent, yet you suspect abuse is taking place, you should tell someone as soon as possible. You can relay your suspicions to Florida's Adult Protective Services at 1-800-962-2873, the Florida Long-Term Care Ombudsman Program at 1-888-831-0404, or the local police. Once reported to the proper authorities, you should reach out to our elder abuse attorneys in Gainesville to see how we can help to recover compensation. We can provide assistance so that your loved one can get the proper medical attention they need and the funds you need to move them to a better facility.

If your loved one has been affected by elder abuse, it's essential to talk to an elder abuse attorney. The consequences of elder abuse are substantial, both for the victim and their family. We understand that abuse can still occur even when the family performs the most in-depth research and finds the top-rated nursing home for their loved one.

If abuse happens, the staff member or management needs to be held accountable. Morgan and Morgan is here to help make that happen. When you're ready to act, we can work with you to conduct an investigation, gather evidence, and make a claim for compensation. It's crucial to start this process quickly so that we can get your loved one the medical care they need to recover and find them another facility with competent and compassionate caregivers. Our lawyers handle intentional abuse cases and provide representation in matters of nursing home neglect.  

You and your loved one deserve to be compensated for the failings of a nursing home and its staff.

Contact us today for a free and confidential case evaluation.