There are many reasons family members hesitate to take action when they suspect a loved one has been the victim of elder abuse at a nursing facility or long-term care home. They may feel their emotions are clouding their thinking, causing them to overreact in a way that will end up upsetting the staff. By drawing attention to a situation, they fear they will only end up making things harder for their loved ones.
The reality, however, is that elder abuse and neglect can escalate quickly. What seems like a minor oversight can become a dangerous pattern of harmful behavior. Taking early action lets family members protect their loved ones and preserve evidence that prevents the facility from avoiding accountability.
“Elder abuse cases often begin with a simple feeling that something is wrong,” says Barry A. Drucker, an attorney with Justice 4 Elders. “A fall happens after staff promised supervision. Or the elder’s weight drops quickly. Sometimes, such declines are related to underlying illnesses. But other times, it’s because staff isn’t performing as they should. Following up on suspicions is critical for ensuring elders are safe.”
Drucker has devoted his career to helping personal injury victims fight large insurance companies and obtain fair compensation for their injuries. In that same spirit, he represents victims of elder neglect and abuse — older adults who have been harmed, overlooked, or mistreated by the care facilities and institutions entrusted to protect them. The same commitment that led him to chair the Roxbury Park Seniors Legal Clinic, providing free legal advice to senior citizens early in his career, now drives him to give vulnerable elders and their families a strong voice. Drucker understands how easily older adults can be dismissed or taken advantage of and is passionate about holding negligent parties accountable and restoring the dignity, safety, and respect his clients deserve.
“If you suspect elder abuse, start with safety,” Drucker says. “Once you’re sure your loved one isn’t in a dangerous situation, then you can move forward with addressing the situation, which might require getting an attorney involved.”
The first step to addressing elder abuse is providing emergency care
Abuse or neglect can result in an urgent threat to the elder’s health. If that is the case, the correct response is calling 911.
“Don’t wait for a care-plan meeting, a callback from the facility, or a written complaint process if your elderly loved one is in immediate danger,” Drucker says. “Call 911, clearly explain that the situation involves an older adult, describe the risk, and give the facility’s name and address.”
Drucker says situations that should prompt a call to 911 include serious injuries such as head trauma, bone fractures, breathing problems, an overdose, or severe dehydration. Signs or suspicions of physical assault, sexual abuse, threats of harm, or active intimidation should also be considered an emergency.
“If the facility is delaying needed medical treatment, family members should immediately call 911,” Drucker says. “The same is true if a staff member or other resident has created an immediate safety risk the facility isn’t addressing.”
Documenting the details is critical for elder abuse cases
It is important to document the details of events that lead you to believe elder abuse is occurring. That includes recording the date and time of the incident or observation, the facility name and room number, and visible injuries and room conditions. The names of staff, any witnesses, and supervisors involved should also be recorded, along with any explanations the facility provided for the incident or injuries.
“Documentation is especially important because nursing homes or other facilities may claim at a later point that the family misunderstood, the injury was unavoidable, or caregivers or staff handled the problem appropriately,” Drucker says. “It’s valuable to take photos or videos when lawful and appropriate, especially of bruises, bedsores, dirty bedding, medication packaging, and unsafe room conditions. Family members should also save text and email messages, voicemails, incident reports, and complaint confirmations.”
Contact an elder abuse attorney when someone has suffered harm
Assisted living, skilled nursing, and other elder care facilities are required to meet standards of reasonable care. When they fail to meet those standards, an attorney who specializes in elder abuse can help to ensure cases of physical, emotional, and financial abuse are properly addressed.
“Making a report to an agency like Adult Protective Services or a care crisis line can trigger an investigation and put an end to harmful behavior, but that course of action alone won’t always recover compensation for the injured resident or family,” Drucker explains. “A civil elder abuse claim may be appropriate when neglect, abuse, or exploitation has resulted in injury, decline, hospitalization, or death.”
Elder abuse lawyers can play a key role in a nursing home abuse case by reviewing facility and hospital records, preserving evidence, investigating prior violations, and consulting experts. Their work can determine whether the facility failed to meet the standard of care.
“Ordinary dissatisfaction with the level of care provided by an elder care facility isn’t generally grounds for a lawsuit,” Drucker says. “An elder abuse case is based on proof that the nursing home owed a duty of care, failed to meet that duty, and harmed the resident as a result. Elder abuse attorneys provide the legal assistance needed to confirm that type of abuse has occurred and hold facilities accountable for their behavior.”
