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Check with Peck on Elder Abuse and Neglect

Why Should I Check with Peck for Questions About Elder Abuse, Nursing Home Abuse, and Assisted Living Neglect?

Elder abuse and neglect is a growing issue in the United States and across the globe. With approximately 1 out of 10 Americans aged 60 or older being abused every year, it’s more important than ever to understand the best course of action to take if your elderly loved ones are ever abused or neglected.

It can help to speak with an attorney that specializes in the area of elder abuse and neglect – not only to receive just compensation, but also to ensure you and others are protected from this kind of abuse in the future.

An experienced elder abuse law firm will fight for you and your loved ones to ensure those responsible are brought to justice. If you win a case you will usually receive compensation for your injuries, both physical and emotional.

If you live in California, you may choose to contact the Peck Law Group for a free case evaluation by calling toll free 866-999-9085. The Peck Law Group has over 52 years of combined experience in the field and will advocate for your rights so that you or your loved ones receive excellent compensation for your injuries. They work on contingency, so there are never any fees to get started.

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Elder Abuse Frequently Asked Questions

There are 7 main categories of elderly abuse, including emotional abuse, general negligence, sexual abuse, financial abuse, physical abuse, abandonment, and health risk neglect.

If an individual that is aged 60 or older is abused or neglected, this constitutes as elder abuse.

The most common cause of elder abuse is self-neglect. When an individual can no longer take care of themselves due to a physical or mental impairment, they may not be aware that they need assistance. Therefore, their caretakers have a great responsibility to ensure the elderly person’s health and wellbeing looked after.

According to the Center of Disease Control and Prevention, approximately 1 in 10 adults aged 60 or older are abused or neglected each year. As of 2019, that is 7.46 million people in the United States alone! This number will grow to 9.47 million people in 2060 if this occurrence of abuse continues.

Elder abuse can happen anywhere at any time. It mostly occurs at the senior’s home, including a residence that they own / rent, or a long-term care facility.

A plaintiff must prove by “clear and convincing evidence” that a defendant is liable for physical abuse, emotional abuse, neglect, or financial abuse (as defined by the Elder Abuse Act) and the defendant acted with “recklessness, oppression, fraud, or malice” while committing the abuse.

Contact 911 if to report elder abuse if you or another person is in immediate danger. Otherwise you can report the abuse or neglect to Adult Protective Services, the local long-term care ombudsman office, or a personal injury attorney (preferably a law firm that has experience in the field of elder abuse and neglect).

By signing an assisted or nursing home admission agreement that includes an arbitration provision, the parties are agreeing to give up their constitutional right to have a dispute, including neglect and abuse cases, decided in a court of law in front of a jury, and instead are agreeing to the use of binding arbitration.

This means that the decision of the arbitrator is final and there is no appeal.

Rather than having the issue decided in public by a jury of their peers in front of a judge, the matter will be decided in private, by a private (and very expensive) arbitrator.

Arbitration proceedings are not part of the public record and not subject to judicial review. DO NOT SIGN A PRE-DISPUTE ARBITRATION AGREEMENT.

The quicker you report the abuse of your elderly loved one the better. Be sure to take pictures and collect any physical evidence if possible as they may be important to prove that the abuse or neglect happened.

There are many physical and emotional signs you can look out for to spot elder abuse, including marks, bruises or abrasions on the skin, sudden changes in psychological states, fearfulness or emotional withdrawal, bone fractures or breaks, unexplained bleeding, and pelvic pain.

The amount of time a case takes to litigate from start to finish depends on the county as well as the case. In California, the litigation process for elder abuse or neglect cases usually takes between 9 to 18 months.

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Signs of Elder Abuse and Neglect to Look Out For

Physical Abuse

  • Burns
  • Scrapes and bruises
  • Dislocations
  • Bone fractures or breaks
  • Abrasions and cuts
  • Internal injuries

 

Psychological and Emotional Abuse

  • Depression
  • Acting withdrawn
  • Unusual changes in personality
  • Fearfulness
  • Agitation
  • Inhibited speech
  • PTSD symptoms

 

Sexual Abuse

  •  Trouble walking or sitting
  • Unexplained bleeding or pelvic pain
  • STDs
  • Recurring urinary tract infections
  • Symptoms of PTSD
  • Unexplained bruising
  • Fearfulness
  • Emotional withdrawal
  • Skin irritation in the genital or buttock area

 

General Neglect

  • Poor hygiene
  • Dehydration
  • Malnutrition
  • Dirty clothing or bedding

 

Medical Neglect

  • Untreated illnesses
  • Undiagnosed illnesses
  • Bedsores
  • Issuing the wrong medication or dosage of medication
  • Secondary infections.

 

Financial Abuse

  • Forged checks
  • Fraudulent billing for services
  • Missing possessions such as cash, jewelry, or other valuables
  • Identity theft
  • Unexplained bank withdrawals
  • Unexplained credit card purchases

 


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