The National Council on Aging (NCOA) reports that one out of every ten Americans age 60 and above has experienced some form of elder abuse. During the COVID pandemic, that number increased to one in five. What’s worse, studies found that just one in 24 victims reported their abuse to authorities. If you or someone you know has experienced elder abuse in any form, it is essential to know your rights, which include the right to legal representation to hold the responsible party accountable.
The New York elder abuse attorneys at Buttafuoco & Associates are ready to help New York families seek justice after the abuse or neglect of an elderly loved one. To learn more about how we can help, contact us for a free consultation at 1-800-NOW-HURT.
Why Elders Do Not Report Abuse
The Centers for Disease Control say that data on elder abuse is skewed because many victims never report it. There are several reasons why, including:
- Feeling embarrassed or ashamed
- Being unaware that they were abused (due to mental or physical limitations related to memory, or because a scam was very sophisticated)
- Believing no one will believe them
- Their abusive caregiver is a family member or trusted friend, whom they depend on for care
- Denial of abuse
- Fear of retaliation if they report
- Not knowing how or where to report abuse
Failure to report abuse or seek help afterwards can result in serious physical and psychological effects on victims, including depression, social withdrawal, increased hospitalizations, and premature death. The cost for paying for injuries is often passed on to families, which can put them in financial limbo.
If you believe your loved one is suffering from elder abuse, contact your local authorities and, if you think you have a case, a New York elder abuse attorney at Buttafuoco & Associates. We can help explain your rights and advise on next steps to protect your loved one and hold the negligent party accountable.
Types of Elder Abuse
People often think of physical assault or bodily harm when they hear the phrase “elder abuse.” But there are many types of elder abuse that go beyond physical injury. Abusers of elders are commonly someone the person knows, including family members, caregivers in nursing homes, neighbors, or friends, which makes abusive situations even more difficult to identify and manage.
Physical Abuse
Physical abuse may be active or passive. Active physical abuse is what most people are familiar with, including hitting, slapping, punching, or other behaviors intended to cause physical harm. Passive physical abuse is less direct, and may occur when a nursing home attendant refuses to feed a patient or treat their wounds, or allows bed sores to develop. Physical abuse can also lead to psychological trauma, including depression.
Emotional Abuse
Emotional abuse can be harder to recognize, especially if it happens privately in a nursing home or when family members are not home. Verbal abuse including berating, yelling, threatening, or bullying a victim are not uncommon.Isolating, ignoring, or humiliating an elderly person are other forms of emotional abuse. Emotional abuse can also lead to severe psychological trauma for victims.
Sexual Abuse
Sexual abuse is an extreme form of physical abuse that may include photographing an elder in states of undress, forcing the elder to perform sexual acts with a caregiver or another resident, or exposing an elder to sexually explicit material without their consent.
Financial Abuse
This lesser discussed type of abuse is becoming increasingly common as financial scams become more sophisticated. Financial abuse occurs when a caretaker coerces or threatens an elder to alter his or her finances for the caregiver’s benefit. This form of abuse can manifest as a nursing home employee convincing an elder to add her as a beneficiary in their will, using an elder to co-sign on financial documents without his or her knowledge, borrowing large sums of money without his or her consent, or outright elder fraud like romance, lottery, sweepstakes, or investment scams.
Identifying and Preventing Elder Abuse
The signs of elder abuse are not always obvious. Devious caretakers may explain bruises and cuts as results of natural accidents like falls. Elders with cognitive complications may be unable or unwilling to speak about the abuse.
When visiting an elder in another’s care, look for changes in his or her behavior or physical state. Question caretakers about any unusual physical signs like bruises, poor hygiene, weight loss, or new or worsening health conditions.
If you notice the elder was happy and engaged the last time you visited and is now reclusive and distant, it may be a sign of abuse. If your loved one seems nervous or angry in the company of their caregiver, this can also be a sign of trouble.
Financial changes can also be signs of abuse, so helping your family member keep track of finances and monitoring significant changes is key. If you do notice a change, ask them if they are aware. If they have made these changes, make sure they understand what they are doing and ensure they are doing it of their own free will.
What You Can Do To Stop Elder Abuse
There are several federal and state laws for the purpose of protecting elderly Americans. The Federal Elder Justice Act facilitates local programs and ombudsmen to investigate and take action on suspected elder abuse. The Older Americans Act includes provisions to protect the rights of older Americans against abuse, neglect, and exploitation.
Locally in New York, the Bureau of Adult Services oversees the https://ocfs.ny.gov/programs/adult-svcs/aps/ program and investigates elder abuse situations. Your local Long Term Care Ombudsman can also be of service for investigating and addressing elder abuse or neglect situations.
When to Seek Legal Help for Elder Abuse
You have a right to seek legal help before or after verifying elder abuse. If you have a confirmed report, you may file a claim seeking damages from the liable party. If you suspect elder abuse, our attorneys can provide guidance and resources to confirm abuse or neglect and take the appropriate corrective and compensatory actions.
Buttafuoco & Associates cares about the welfare of our New York elders as if they were our own parents.
Contact us at 1-800-NOW-HURT so we get can to work protecting your loved one.