All elderly people have certain statutory protections that are meant to help keep them safe. These protections forbid anyone from exploiting, abusing or neglecting elderly people. For people in nursing homes, these statutory protections are very important because they lay the foundation for the resident to take action if someone is acting in a manner that goes against the statutory protections.
Generally, an elderly person who is being abused or neglected at a nursing home will need to file a complaint with the adult protective services. This is because the agency can investigate the claim and make an official report of the incident. In many cases, this is the first step to being able to seek compensation for the horrors that the resident had to deal with.
In many cases, an elderly person who is abused or neglected might choose to seek compensation. This is done through the civil court system. Actions such as corporal punishment, sexual abuse, verbal bashing or seclusion that isn’t voluntary can be considered violations of the statutory protections of nursing home residents.
If you have a loved one in a nursing home, you should make sure that you keep a close eye on him or her. Oftentimes, the elderly residents won’t want to cause trouble so they keep quiet about what they are going through. That can lead them into very dangerous situations. If you think that your loved one is being exploited, neglected or abused, take action right away to make the actions stop. From there, you can explore the possibility of seeking compensation for the harm your loved one suffered.
Source: FindLaw, “Statutory Protection of Older Persons,” accessed Jan. 08, 2016