Adult Statutory Protection
There are different types of state laws regarding abuse, neglect and elderly exploitation. Each state approaches their laws in a different manner, but in most, the laws for adult protection has a system that is used to investigate and treat abuse cases. The elderly victims of these acts – abuse, neglect and exploitation – usually receive a civil cause of action. It is known that neglect, exploitation and abuse is a crime in most states.
Protective Services for Adults
After a report of elderly abuse has been reported, either civil or criminal action is initiated against the nursing home or other facility being accused. To report such a case, it must be done at your state’s protective services agency. Each state reacts differently towards each of the cases. Once the investigation begins and evidence is found that there was indeed abuse, neglect or exploitation of the adult involved in the case, it is required of the agency to provide a assistance to the problems and come up with ways to prevent it from happening again.
In most states, there are mandatory requirements for reporting allegations about adult neglect, abuse and exploitation. Some of the services that the agency will provide the victim of the allegation include medical assistance, therapy, transportation, money assistance and finding another home to be placed into.
Civil Actions
Depending on the state the crime was committed, there are certain civil action that have been created that allows the victims to bring forth these civil actions against the perpetrators of elderly exploitation, neglect and/or abuse. The results of civil actions can result in the victims receiving damage awards, but could also authorize injunctions or protective orders that will help to immediately relieve the victim from abuse that could have been ongoing. The elderly have the right to live in long-care facilities without abuse and neglect. When these statutory rights are violated, the actions taken will depend upon the state of the occurrence.
If you are in need of financial assistance, there are Medicaid funds that can be applied for. In order for you to qualify for it, the facility must be a “skilled nursing facility” according to Medicaid’s standards. The facility must also meet the federal regulatory and statutory requirements. A lot of nursing homes today fall under this category. The “Residents Bill of Rights” must be followed by the facility – this pertains to the residents’ right to not be abused verbally, physically, mentally or sexually while under the care of a long-term care facility – this also includes corporal punishment and involuntary seclusion.
Abuse, Neglect & Exploitation
The definition of abuse pertains to the act of committing emotional anguish, suffering or psychological injury. There are a variety of acts that can fall under these categories of abuse, such as instilling fear into an elderly person or isolating or confining an elderly person in an unreasonable manner. Then there is, of course, physical abuse – such as hitting, punching, slapping or shoving an elderly person. Neglect pertains to not feeding, bathing or giving proper care to the elderly individual. Not nursing the patient as needed can be classified as neglect. Exploitation is when an elderly individual is taken advantage of by the nurses within the facility. This could be taking money, property or forcing sexual acts without the consent of the elderly person. All of these can lead to charges and civil actions taking place on the perpetrators of these acts.
CALL THE LAW OFFICE OF KIM PARKER, P.A. TO DISCUSS YOUR CASE.
410-234-2621