In the same way Child Protective Services (CPS) works to investigate and remedy reports of suspected child abuse, there is a similar state-governed statutory system in place for the elderly. It is called Adult Protective Services (APS). Most states have laws in place that protect elderly people from abuse, neglect, and exploitation. However, the approach used to investigate, protect, and remedy the elderly from these wrongdoings vary from state to state. For instance, some states give victims of elderly abuse a cause for civil action, which means they can sue the nursing home or employees for the damages and losses incurred as a result of the abuse or neglect. And nearly all states consider elderly abuse, neglect, and exploitation to be a crime, which gives the state a cause for criminal action.
Statutory Protection for the Elderly
Before civil or criminal action can be taken against a negligent nursing home or staff member, a report is sent to Adult Protective Services so that the accusations of abuse can be investigated first. Every state has a set system in place for reporting elderly abuse, investigating allegations of abuse, and providing suitable remedies for victims (or next of kin) if allegations of abuse, neglect, or exploitation are founded. The remedies provided should include counseling, medical assistance, special transportation, money management assistance, and preventing a recurrence of abuse which might involve relocation to another nursing home.
Nursing Home Neglect Lawsuits
The law provides statutory rights for residents of long-term care facilities, including nursing homes. It gives residents the right to be free of abuse, neglect, and exploitation, as well as, the right to live in a safe environment. If these rights are violated by the home or its employees, it may be cause for legal civil action. And in the case that the elderly victim lives in a state that creates cause for civil action, they could sue the nursing home for compensation in order to cover related medical expenses, hospital bills, pain, suffering, and any other losses or damages related to the abuse.
Elderly Abuse Lawyers
In order to recover the full and fair compensation they deserve, they will need to retain the services of an experienced personal injury lawyer. A nursing home neglect case is a complex one, and requires the knowledge and hands-on trial and litigation experience of a seasoned personal injury attorney. There is simply no other comparison in terms of elderly abuse law, and representing yourself is a recipe for stress and disappointment.