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Elder Abuse

Navigation:  Home > Personal Injury > Elder Abuse


An incapacitated or vulnerable adult whose life or health is being or has been endangered or injured by neglect, abuse or exploitation may be suffering from elder abuse, and may sue any person or enterprise that has been employed to provide care, that has assumed a legal duty to provide care, or that has been appointed by a court to provide care to such incapacitated or vulnerable adult for having caused or permitted such conduct

Elder Abuse laws recognizes the special vulnerability of the elderly and those who are either disabled or for some other reason dependent upon others for their personal or financial care. Elder Abuse laws also recognizes that such persons are in need of special governmental protection and assistance.

Abuse can take place in an institutional setting such as a nursing home or residential care facility; in a domestic setting by home care givers (including family members), and it can even occur as a result of self-abuse. However, the legal definition for legal abuse is different from state to state.

However, in general, elder abuse falls into one or more of six categories: physical abuse, sexual abuse, psychological abuse, neglect, abandonment and isolation, or even financial abuse.

Elder Abuse criminal laws generally reach two categories of offenders: 1) any person who willfully causes or permits an elder to suffer, or who directly inflicts unjustifiable pain or mental suffering on any elder; and 2) the elder's caretaker or custodian who willfully causes or permits injury to his or her charge, or who willfully causes or permits the elder to be placed in a dangerous situation.

Representatives of elder abuse victims may recover damages for pain and suffering endured by the victims, notwithstanding the death of the victims. Many laws allow for damages in the case of a continuing course of conduct that results in Elder Abuse. A continuing course of conduct has been held to exist where the wrongful acts were successive, compounding, and interrelated. In the context of elder abuse, malnourishment and dehydration, festering bedsores, bowel impaction and unsanitary and unhealthy living conditions are the result of continuous neglect and failures of appropriate care, rather than one single act or omission.

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