Understanding Elder Isolation and Worse
[Page updated: 02-08-2021] - Federal and California state guidelines govern care for nursing home residents in the Golden State. The caretaker's duty of attention includes protecting the human rights of the elderly, yet this duty will often be violated by caretakers in and out of nursing homes.
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These human rights violations go along with isolation, with many going under or unreported.
- If caretakers isolate elders, it is a civil and criminal act.
- And victims by law may hold the facility and others responsible.
- So these plaintiffs can sue in civil court.
- And they will sue to recover financial damages.
Beyond that, the DA can file a criminal complaint. And restitution may be part of any plea bargain. An award of money damages can become granted in the civil case.
Elder Isolation Knowledge.
- Has your elder kin suffered at the hands of caretakers?
- Did they suffer isolation or severe emotional trauma?
- Is long term PTSD or depression on the horizon?
If so, you should contact our elder abuse law firm because nursing homes and caretakers are not immune from the law, with many statutes existing to prevent your senior loved one's harm or suffering.
Isolating someone is a form of elder abuse. Federal and state laws govern elder isolation. California Penal Code Section 15610.43 defines more senior isolation as elder abuse. Physical, emotional, and financial elder abuse all exist. Still, isolation is a terrible form of emotional elder abuse that can happen in private homes or a nursing care facility and is overlooked as a terrible crime.
Elder Isolation Abuse Will Include:
- Acts that prevent elders from receiving or making telephone calls. Also, denying them contact with those outside the facility.
- Isolation also includes preventing seniors from contact with family members. It also applies to relatives and other loved ones. It can consist of many affirmative actions. So telling a caller that grandpa is "not available" is enough.
- The nursing home cannot prevent a resident from speaking with friends. Medical doctors and clergy members all have a right to contact. Most of all, seniors have the right to talk to attorneys and police.
- They also have the right to be free without restraint.
- If confined for extended amounts of time, that is false imprisonment.
How Do You Take Action if You Suspect: Elder Abuse, Isolation, or Confinement?
Confinement includes: "... defilement, debasement, or isolation."
If you suspect abuse, the steps to take are below for you to protect the unwary senior citizen. Hopefully, you will devise your strategy to prove the abuse and protect victims with help from this article.
Some of the things you can do are:
- Please report it to the local police department.
- Contact the state agency that oversees nursing homes and care facilities.
- Collect any evidence of the abuse. And this can include pictures and records.
- You can document any talks related to the abuse.
- You can retain an elder abuse attorney.
Whether you are at home, inside a nursing home, or care facility, you have rights as an elder and family member of a victim. When your close family members suffer, a legal expert from our highly experienced, the superior law firm will provide the legal help you deserve.
Staff members of abusive nursing homes have confined elderly residents against their will, a brutal way to dominate the elder. Treatment of an older adult like this is atrocious.
And it can have devastating results for the senior such as:
- This loss of socializing with family and friends is terrible.
- And it can result in fear, depression, and anxiety.
- In bad cases, it may lead to post-traumatic stress, suicides, and death.
Filing a lawsuit against the negligent parties hold them to account. Also, it helps alleviate anxiety and stress. That way, the older adult knows their abusers won't get off. And this takes away the fear of abuse.
Also, it gives the old resident quality of life with future caretakers. That way, care providers can provide the attention expected by law. Getting a PI lawyer is a step toward protecting your loved one.
And the call is free and confidential. And no duty exists to pay us a dime. So all you have to do is learn about elderly rights. After that, you can hire us or shop around. But if you hire us, we will hold the negligent party responsible.
Find out why the firm has a sterling reputation. Call for an appointment right away at (213) 596-9642. It's smart to get a free, no-pressure legal consultation. Pertinent here, you get a chance to determine your rights and options.