ELDER ABUSE LAWYERS
J. Moore is a lawyer for seniors who have suffered elder abuse at the hands of a nursing home, retirement home, convalescent facility or at the hands of any other institution or person. If you or a family member has suffered physical elder abuse at the hands of a nursing home or other facility for the elderly, or psychological abuse, or neglect, or abandonment, or financial abuse or exploitation then we would be pleased to provide you with a free attorney consultation. If you know or suspect that you or a family member has been the victim of elder abuse, you may call toll free to speak with attorney Henke personally, or you may submit an incident questionnaire and attorney Henke will personally evaluate your case and reply within 24 hours.
As discussed more fully below, Mr. Moore has more than 2 decades of experience prosecuting health care professionals for injuries to patients caused by their abuse and neglect, and is well known and has enjoyed substantial acclaim for his prosecution of health care professionals and others who engage in patient fraud.
Attorney Answers the QUESTION:
What is Elder abuse?
Elder abuse is a broad legal term encompassing a number of different kinds of abuse from nursing home neglect or abandonment to physical abuse or psychological abuse on the part of the retirement facility’s employees, and may also include elder financial abuse as explained by attorney Henke in the succeeding paragraphs.
Elder Abuse:
Neglect or Abandonment, the Lawyer’s definition.
“Neglect” is the failure of the nursing home, retirement home or other facility having undertaken the duty of care for the elderly person to use reasonable care to provide for the elder’s medical and mental health care, the elder’s personal hygiene, and to protect the elder from hazards to his or her health or safety. “Abandonment” is the intentional or willful failure of a nursing home, retirement home or other elder facility to care for the elder.
Family and friends should be alert to bed sores or rashes, weight loss and other symptoms of malnourishment and dehydration. Concern should be raised if there is the smell or other evidence of urine or feces about the elder’s person or bed. Family and friends should also be alert to inquire if the elder does not appear to have adequate clothing. Concern should also be raised if the elder suffers from a medical condition that does not appear to be given treatment or proper and adequate treatment.
Physical Elder Abuse, the attorney’s definition.
“Physical elder abuse” refers to physical abuse upon the elder which is intentionally or willfully inflicted by employees of a nursing home or other facility for the elderly. Physical elder abuse can take any number of forms, including beatings, punching, slapping, uncalled for physical restraint, denial of food or water, or even sexual abuse.
Family and friends of a senior in a nursing home, retirement home or other facility for the elderly should be alert to unexplained cuts and bruises, cigarette burns, chemical burns, injuries at the wrists and ankles and other locations that might be associated with restraints, or any other injury that cannot be innocently and credibly explained. To be complete, family members should check areas beneath the clothing and in the scalp. The family should also be alert to unexplained rapid or substantial weight loss.
It should also raise a concern about the possibility of physical elder abuse if the nursing home or retirement home care giver expresses anger or threats or insults toward the elder, but it may also suggest the possibility of elder abuse if the care giver, in the family’s presence, expresses inappropriate affection. Also be concerned if the nursing home or retirement home care giver demonstrates unwarranted defensiveness, or if he blames the elder for matters over which he lacks control, as for example, if the care giver accuses the elder of using incontinence as means to menace the care giver. Open flirtation may indicate the possibility of an inappropriate sexual relationship. Also be concerned if the care giver does not permit the elder to speak for himself or speak freely or speak outside the care giver’s presence. If suspicion of physical elder abuse is raised inquiry may also be appropriate to discover whether the care giver may have had a prior history of physical elder abuse.
Psychological Elder Abuse, the Lawyer’s Definition.
“Psychological elder abuse” is mental or emotional abuse which is intentionally or willfully inflicted by employees of a nursing home, retirement home or other facility for the elderly. Psychological elder abuse also can take many forms, including verbal assault or intimidation such as threats or other conduct calculated to instill fear, or verbal humiliation or other conduct calculated to humiliate. Psychological elder abuse may also take the form of isolation or sensory deprivation.
Family and friends should remain alert to psychological elder abuse by noting any changes in emotional state of the elder, and in particular, listen for expressions of fear or anger, or helplessness or depression. Sometimes the elder will not volunteer that he or she is being psychologically abused, so the family must listed for any hesitancy to talk freely and openly, and even for contrived or implausible stories to explain the elder’s mental state.
Elder Financial Abuse, the Attorney’s Definition
“Financial abuse” from the attorney’s perspective is any misuse of the elder’s money, or theft of property, or fraud or overreaching or misuse of the fiduciary relationship or relationship of trust held by care givers, including the nursing home, its employees or health care professionals upon whom the elder relies for his physical and emotional sustenance; or, the elder’s fiduciaries, meaning, his guardians, conservators, attorneys, persons with his power of attorney, accountants, investment advisors, real estate brokers and stock brokers; or, con artists, perpetrators of door to door or fly by night telemarketing sales schemes. However, unfortunately, equally commonly, those responsible for financial abuse will be family members who may destroy the elder’s will or unduly influence him to change its terms, or divert property or money or assets of the elder.
Family and friends should be alert to any unexpected or unexplained changes in the elder’s bank balances, stock portfolios, property titles or other repositories of the elder’s wealth. Any assignment of power of attorney or change in the elder’s will may raise a red flag that might warrant investigation. Any attempt by anyone to isolate the elder from his family or friends may suggest an intent to conceal undue influence. Any disappearance of valuable personalty, such as jewelry should raise the question whether it may have been stolen.