Elder Neglect: When To Seek A Reputable Litigation Attorney

When the topic of elder abuse is introduced, physical wrongdoings are often first to come to mind. However, abuse comes in many different forms and levels of severity. Physical and emotional abuse, financial exploitation, and neglect are all common varieties that afflict the elderly. When it comes to elder abuse in America, more than half of all cases reported each year are instances of neglect - both passive and active. However, due to recent advances in elder law, these victims are protected under various state acts, and no longer have to suffer in silence. There are many reputable litigation attorneys who specialize in elder law and are willing to give a voice to thousands of elderly victims each year.

What Constitutes Neglect?

Neglect occurs when a caregiver fails to provide the food, water, medicine, clothing, shelter and personal hygiene assistance an older individual needs to survive and live a healthy life. Laws have been enacted across the country mandating that caregivers provide these basic living essentials to those elderly citizens who cannot perform such duties themselves.

Neglect of the elderly is categorized into two types: active (intentional) and passive (unintentional). In many cases, a caregiver may genuinely believe that an older family member needs less help than is actually required, resulting in an unintentional lack of adequate care. Although such instances are inadvertent, they are neglect nonetheless and require immediate attention. An example of such carelessness may be a caregiver failing to provide food or medication, or refusing to assist with bathing. While these types of situations do happen in nursing homes, it is far more prevalent in the home. Often, it is a family member committing the abuse. If you or a loved one has suffered from either active or passive negligence, a litigation attorney can educate you on local elder laws and advise you on possible actions to take.

How Can I Tell If My Loved One Needs Help?

The signs and symptoms of this prevalent form of abuse include, but are not limited to: extreme weight loss, malnutrition, dehydration, bedsores, multiple falls, and poor personal hygiene. Other signs can be found within the home, such as unsanitary and unsafe living conditions, bugs and other pests, and soiled bedding. If you notice any of these signs and symptoms around your loved one, talk to them immediately to find the source of the negligence. It may just be self-neglect as a result of diminishing cognition and ability to care for oneself; or it could be carelessness at the hands of a caregiver. If it is the latter, the advice of an experienced litigation attorney can be an important asset.

How Litigation Attorneys Can Help

It is estimated that for each case of elder abuse reported in the United States, there are as many as five cases that go unreported. With a myriad of laws enacted to protect victims, and many qualified litigation attorneys practicing elder law across the country, these statistics do not have to be. If you suspect that you, or an older family member, are suffering from negligence, a reputable litigation attorney in your area can help stop the abuse and lead you to safer and healthier living conditions.