Top Class Actions  |  September 13, 2022

Category: Elder Abuse
Asian woman wearing green pajamas lying on the bed in a room
(Photo Credit: Siriluk ok/Shutterstock)

Elder abuse is one of the most rampant social problems in America. Approximately one in 10 Americans aged 60 and older have experienced some form of elder abuse. Estimates have placed the number as high as five million elders who are abused, exploited, or neglected in some way each year. However, it is estimated that the majority of elder abuse cases are not reported to authorities—one study estimated that just one in 24 cases of elder abuse get reported. Another report revealed that one in three nursing homes in the United States have been cited for abuse. This abuse was made worse during the COVID-19 pandemic, but has been occurring for decades.

On June 14, 2022, the U.S. President called attention to the mistreatment of older Americans by proclaiming June 14th to be World Elder Abuse Awareness Day.

Types of nursing home neglect 

Sadly, many elderly abuse cases are committed by caregivers, including those employed at nursing homes, assisted living facilities, and other long-term elder care facilities.

While the types of elder abuse are varied, the most common are:

Physical Abuse: Defined as non-accidental use of force against an elderly dependent which results in physical pain, injury, or impairment. Includes not only hitting or shoving, but also the inappropriate use of drugs, restraints, or confinement.

Emotional Abuse: Defined as when caregivers make verbal assaults, threaten abuse, harass, or intimidate their elderly dependents.

Verbal Abuse: Defined as non-physical, but aggressive form of violence that includes intimidation through yelling, threats, humiliation, ridicule, blaming them for negativity, and scapegoating.

Nonverbal Psychological Abuse: Defined as ignoring the elderly dependent, that includes incidents such as isolating them from friends or activities, and terrorizing or harassing the elder in a threatening manner.

Sexual Abuse: Defined as sexual contact with the elderly dependent, without the elder’s consent. Sexual abuse can include forced sexual contact and nonconsensual exposure to pornographic material.

Neglect or Abandonment: This form of abuse is defined as failure to fulfill a necessary caretaking duty. This is one of the most common forms of elder abuse in all reported cases.

Financial Exploitation: Defined as when the caretaker uses the elderly dependent’s funds without permission, often using the funds for their own purposes.

Common signs of elder abuse include bedsores, falls, weight loss, medication errors, infections, unexplained bruising or broken bones, or suspicious death. Other elder abuse signs may include unexplained withdrawal from normal activities, changes in behavior, or strained or tense relationships with caregivers.

Many elders feel too scared to speak out because they fear it will either get worse, or that they have no choice about who they have to rely on. Often, they feel as though no one else will care for them, giving them the feeling of entrapment.

Many behavioral experts speculate as to why loving caregivers can turn abusive. One of the most popular theories pertains to stress. Many caregivers accused of nursing home neglect find that caring for an elder becomes a burden in their lives. This level of stress can cause shortened tempers, heightened emotion or feelings of resentment that may pave the way for future elder abuse.

File an elder abuse lawsuit today

If you suspect that an elder family member or loved one has been subject to nursing home abuse or neglect, an experienced family and elder law attorney can help. Pursuing litigation cannot take away the pain and suffering caused by nursing home abuse or neglect, nor can it bring a loved one back to life, but it can at least help to hold those responsible accountable for their actions and inactions.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

In general, nursing home neglect lawsuits are filed individually by each plaintiff and are not class actions.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual nursing home neglect lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.

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