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Los Angeles Elder Abuse Criminal Defense Lawyers

June 22, 2016 Personal Injury

Los Angeles Elder Abuse Criminal Defense Lawyers

Elder abuse is an issue that can take place in the person’s home or in a nursing home. There are several kinds of abuse that one must look at when it comes to deciding on how to charge the person who commits the crime.

This is the intentional physical abuse of an elderly individual. It is not something that is done by accident. The abuse can be done by the hand or foot, or it can be done with an object. Sometimes, the abuse is not detected immediately because the person is too afraid to say anything or has been threatened. At times, there are no physical signs of the abuse as the person might not hit the individual hard enough. However, if there are any signs of pain when the individual is touched or if there are bruises and scratches on the body that can’t be explained, then they could be signs that abuse has taken place. The inappropriate use of drugs and restraints is also considered physical abuse. These situations often occur in nursing homes when workers give too much medication, making the person sleepy or when restraints are used in a manner that prevents movement.

Verbal And Non-Verbal
When someone yells or intimidates an elderly individual, this is considered verbal abuse. Someone might ridicule the person, giving insults because the individual is unable to provide personal care without help. The elderly individual might get blamed for accidents that might occur while in bed or while sitting in a chair. Sometimes, the elderly person might get ignored. The person might not receive any kind of treatment and be left in a room for extended periods of time. This is another type of abuse that often takes place in nursing homes. Workers often leave residents in one place without bathing, offering snacks or providing the care that is needed for the person to be comfortable during the day. Neglect can sometimes be unintentional if there are too many patients for the worker to care for in the nursing home. This would fall back on the management of the facility as coordinators are responsible for making sure there are enough workers for the number of residents in the building.

Family members and health care providers can abuse elderly individuals by taking money from them or scamming them out of money. If there is someone responsible for the money of the individual, then it’s easy for that person to keep the money instead of using it to purchase the items that are needed, such as food, clothing and toiletries. Health care workers who are responsible for managing money in a nursing home might keep a portion to buy what they want instead of spending the entire amount on the individual.

If you suspect that a family member has suffered from elderly abuse, an attorney can help get the compensation for the pain and suffering involved and seek some type of punishment for the person who committed the abuse. The severity of the abuse will determine whether the crime is a misdemeanor or a felony. It’s best to give any pictures to the attorney of abuse that has been seen as well as any documents that have been signed by a doctor. This information will often support the claim that the person is a victim. Financial records should also be submitted if there is money missing from a bank account.

When individuals enter their later years, they become increasing vulnerable to a number of problems. They may have physical disabilities that prevent them from caring for themselves. They may have medical problems that require constant attendance. They may no longer be able to manage their own financial affairs. These problems can lead to unscrupulous people taking advantage of them, which may sometimes be their own family members. Elder abuse is a growing problem that can lead to a need for an attorney to protect the elder’s physical and emotional well-being, as well as their material interests.

How Is Elder Abuse Defined?
Elder abuse can be defined as any intention act, or failure to act, that creates a risk of harm to an older adult who has an expectation of trust and care from the individual. Incidents of abuse can fall into several categories:

· Physical abuse that cause pain, distress or physical impairment

· Sexual abuse that causes forced or unwanted sexual interaction

· Psychological or emotional abuse that inflicts fear, distress or mental pain, such as name-calling or threats

· Neglect that fails to provide adequate physical care or fails to protects the elder from harm

· Financial exploitation or abuse that involves unauthorized or improper use of financial assets by someone who has been put in a position of trust regarding these assets

Warning Signs of Elder Abuse
Because an elder is likely to suffer in silence, afraid to upset their current situation of care, it is up to family members or friends to be alert to signs that the elder is not receiving appropriate treatment:

· Unusual bruised, unexplained broken bones, abrasions, burns or pressure marks

· Bruising on breasts or genitals from sexual abuse

· Unattended medical needs, neglect of grooming, weight loss, bed sores or poor hygiene

· Unexplained withdrawal from normal activities and interests, increased depression

· Sudden financial problems

· Signs of tension or strain between the caregiver and the elder.

· Incidents of belittling, threats or other types of controlling behavior

Problems In Prosecuting Elder Abuse
One of the problems of prosecuting individuals who have harmed the elderly is the inconsistency in the definitions of the abuse. In addition, monitoring of the situation over a period of time is often the only way to determine if an elder has been subjected to abuse of some kind, and this can be difficult when cases are not referred to eldercare health agencies. In many cases, the abuser is a family member, and others may be reluctant to report the problem to appropriate agencies or law enforcement. However, reporting suspected abuse is critical to ensuring that seniors receive the proper care and respect they deserve.

How An Elder Abuse Attorney Can Help
An elder abuse attorney can provide the legal advice and assistance needed to prosecute cases of physical or sexual abuse, so that the elder receives appropriate justice and compensation. In addition, an attorney can help to recover financial assets that have been taken unlawfully by abusive parties.

Knowing the signs of elder abuse can help family and friends ensure that their loved one is receiving proper care on a continuing basis. An elder abuse attorney can help to bring abusive individuals to justice and restore the financial assets of those who have been abused.



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