Abuse and neglect are closely related and often look similar. Spotting the difference informs how you handle the situation. Abuse and neglect can happen to both residents in nursing homes and elderly Americans aging at home. As a loved one, it’s important to understand the likelihood of abuse by not only professional caregivers, but family members as well. Once you’ve identified the problem, it is even more important to know how to act. Here is important information about neglect and abuse, as well as what to do for an abused loved one.
Abuse
Perpetrators of abuse are defined by law as:
“Any individual who knows, or reasonably should know, that an elder or dependent adult who, under circumstances likely to produce great bodily harm or death, willfully causes or allows an elder or dependent adult to suffer or inflict unjustifiable physical pain or mental suffering, or having care or custody of any elder or dependent adult, willfully causes or allows the person or health of the elder be injured, or willfully causes or allows the elder or dependent to be placed in a situation in which their health is endangered.”
The most typical forms of abuse are physical, mental, and financial. Additionally, elder abuse is defined by the above, plus: the victim must be 65-years-old or older, the pain or suffering was unjustified, and, perhaps most importantly, the infliction of the pain and suffering was willful.
Signs of abuse:
- Bruises
- Abrasions
- Fractures
- Burns
- Worsening health
- Unexplained mood changes
- Overmedicating or undermedicating
- Misuse of funds, investment fraud (for financial abuse)
- Signs of being restrained (rashes, red marks, bruising)
Neglect
Perhaps one of the biggest differences between abuse and neglect is the willful nature of abuse versus neglect.
Neglect is defined as “the failure by those responsible to provide food, shelter, health care, or protection for a vulnerable elder.”
As a result, neglect is often the result of overwhelmed caregivers. Though, negligence can be willful. Regardless, neglecting to provide basic necessities to a vulnerable dependent is punishable by law.
Signs of neglect:
- Unexplained or sudden weight loss
- Unattended/worsening medical problems such as bedsores
- Unsanitary environment
- A lack of hygiene or regular toilet routine
- Unsuitable clothing
- Signs of malnutrition or dehydration such as fatigue, depression, decreased muscle mass, swollen gums and lips, anemia, dizziness, and weight loss.
What To Do
It is always important to do some slight investigating yourself. Speak to staff and caregivers and ask the resident if something happened. In the case of neglect, the problem may be solved by simply bringing the issue to the attention of staff and administration. If there are signs of abuse, however, it is vital to report it to the proper authorities as soon as possible.
- Consult your ombudsman
- Call the police
- Call a lawyer
Elder abuse lawyers help gather evidence, and build a case for you. After the abuse is reported to authorities, a lawyer is the next step. If possible, remove the resident from the situation to keep them safe.
To prevent abuse or catch it before it becomes more severe, it is best to try and visit loved ones in nursing homes as often as possible. Regularly talk to staff, attend care meetings if possible, and let your loved one know you are safe to talk to about anything. If you personally have been abused, there is an elder abuse hotline available as well: 1-833-401-0832.
If you or a loved one has been the victim of abuse or neglect, call Gharibian Law (866-624-7313) today for a FREE consultation and the best legal representation.
