What is Elder Abuse?
The State of Ohio defines elder abuse as the infliction of injury, unreasonable confinement, intimidation, or cruel punishment upon an adult that results in physical harm, pain, or mental anguish.
Neglect also falls under the umbrella of abuse. It is considered to be the failure of a caretaker or self to provide the necessary goods or services required to avoid physical harm, mental anguish, or mental illness.
What are the Elder Abuse Laws in Ohio?
The Older Americans Act is a federal program designed to protect elders from abuse. This legislation allocates funds to the National Center On Elder Abuse to promote the study of abuse and to develop other preventative laws and programs. It has also created legislation for Long-Term Care Ombudsman programs that promote investigating allegations of harm within one business day.
At the state level, Ohio law mandates that all professional caregivers, attorneys, clergymen, peace officers, and doctors must immediately report any suspected abuse to the Department of Job and Family Services.
Adult Protective Services is a division of Ohio’s Department of Job and Family Services that is responsible for addressing all allegations of abuse. Adult Protective Services is required to investigate all claims within 24 hours of the report. They are also required to meet with the alleged victim and the reporter of the abuse to determine if protection is necessary.
What are Common Types of Elder Abuse?
Despite the state and federal programs designed to deter incidences of elder abuse, it is still a cause for concern. Perpetrators are typically known to the victim, such as a family member or caregiver. There are several types of elder abuse that may occur.
Financial Abuse
Despite a lack of physical or emotional harm, financial abuse still results in damage to the victim. Examples of financial abuse include:
- Pocketing cash from the elderly
- Writing personal checks
- Changing the financial power of attorney without consent
- Changing beneficiaries without consent
- Changing other estate plans without consent
- Using debit or credit cards without consent
- Fraudulently opening lines of credit in the victim’s name without consent
Physical Abuse
This type of abuse is well known in nursing home abuse cases, mostly because it is more noticeable than other types of abuse. Examples of physical abuse include:
- Hitting
- Scratching
- Kicking
- Biting
- Burning
- Throwing objects at the victim
- Punching
Signs of physical abuse include unexplained bruises, broken bones, burns, or other injuries that occur without a clear cause.
Neglect
Neglect is one of the most common types of elder abuse. Healthcare workers have a duty to attend to the needs of the patients in their charge. Neglect has occurred in the following situations:
- Unreasonably restricting food
- Unreasonable restricting water
- Denying basic hygiene
- Withholding medication
Neglect can have many grim outcomes, such as discomfort, injury, or even death. Signs of neglect include observing frequent dehydration, malnourishment, frequent bedsores, or other injuries.
Emotional and Psychological Abuse
While this type of abuse may not be visible, it is just as harmful as physical abuse methods. Examples of emotional and psychological abuse include:
- Intimidation
- Threats
- Name-calling
- Humiliation
Signs of emotional and psychological abuse involve observing withdrawing from social settings, engaging in self-harm, suddenly becoming uncomfortable around caregivers, or developing anxiety or depression.
Who is at Fault in Elder Abuse Cases?
Establishing liability is crucial when dealing with elder abuse. It is important to note that multiple parties may share blame for the mistreatment. The fault can potentially lie with the abuser, the abuser’s supervisor, healthcare providers, nursing home facility, or other third parties. It is also possible that other residents of the nursing home, residents’ guests, nursing home staff, safety inspectors, vendors, and others may also be partially culpable. For this reason, a thorough investigation is conducted within 24 hours of filing a complaint.
What are Legal Options for Suspected Elder Abuse?
When elder abuse is suspected, the first step should be to speak with the victim and remember that he or she may not be ready to talk about the experience. Do not hesitate to consult an elder law attorney at Lawrence Law Office to determine the best course of action. Other courses of action include the following:
- File an insurance claim: It is possible to recover certain types of damages through the insurance company. While the liable party likely has liability insurance, there are still certain limitations to the damages that may be recovered.
- File a medical malpractice claim: If the abuse occurred as a result of a medical mistake or error, a medical malpractice claim may be beneficial. This type of claim can target the elder’s doctor, nurse, surgeon, nursing home, aide, or other third parties.
- File a civil lawsuit: A civil lawsuit does not carry the same types of limitations as an insurance claim but may have a cap on the amount of non-economic damages that can be recovered.
What Types of Damages May be Recovered?
Both economic and non-economic damages may be recovered. Examples of recoverable compensation include:
- Physical pain and suffering
- Emotional distress and psychological trauma
- Skin scarring or disfigurement
- Diminished quality of life
- Loss of Social Security, retirement, or other monetary savings
- Medical bills
- Property loss and damages
- Shock, shame, or fear
- Indignity, embarrassment, apprehension, or anticipation
- Costs of relocating to a new care facility
Do I Need an Attorney?
If you believe that you or your loved one has been the victim of abuse, you need the Lawrence Law Office to ensure that the abuser is penalized and your dignity is restored. Call us today at 614-228-3664 or fill out a contact form for a consultation.
