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more_legal_areas nursing_homeIt is difficult to say how many elderly Americans are victims of elder abuse, neglect, or exploitation, because the problem remains largely unreported. Findings from a National Elder Abuse Incidence Study suggest that more than 500,000 Americans aged 60 and over were victims of domestic abuse in 1996. This does not account for elder abuse that occurred in nursing homes or other managed care facilities.
The first key to preventing elder abuse is being able to identify it. The term "elder abuse" refers to any knowing, intentional, or negligent act that causes harm or serious risk of harm. Laws regarding elder abuse may vary slightly from state to state, but the broad definitions remain the same. Elder abuse may be physical, emotional, sexual, exploitative, or may consist of neglecting or abandoning an elder adult. Many victims of elder abuse suffer in silence, and it is up to their loved ones to be alert to the potential signs that elder abuse is occurring. Warning signs can include:
bruises, cuts, breaks or burns
unexplained withdrawal from normal activities, unusual depression, or changes in personality
bruising around breasts or genital area may indicate sexual elder abuse
bedsores, unattended medical needs, poor hygiene, sudden weight loss
strained or tense relationships and/or frequent arguments with the caregiver can sometimes be signs of elder abuse
The elderly are especially vulnerable members of society, due to the increased potential for social isolation and mental impairment. Elder abuse is more likely to occur at the hands of family members than any other group; spouses and adult children are the most frequent abusers.
If you or a loved one is the victim of elder abuse, you should immediately seek help. This means first contacting the proper authorities to report the elder abuse. If the victim is in immediate, life-threatening danger, call 9-11. Other instances of elder abuse should be reported to the Eldercare Locator (800-677-1116), a national hotline with specially trained operators who can help find local resources for elder abuse victims. Like any other form of abuse, the physical and sexual forms elder abuse are illegal in every state, as they can be charged a criminal activity, separate from the fact that an elder is involved. In many states, special laws addressing elder abuse have been passed, increasing the penalties for those who victimize older adults. Additionally, those who commit elder abuse can be held civilly responsible, and be made to pay for medical treatment and other expenses resulting from the elder abuse, as well as funds for mental anguish, etc. An attorney who has experience working with elder abuse cases may prove most sensitive to the needs of the plaintiff and should be able to provide you with the advice and legal guidance necessary for an optimal outcome.
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