If you are a family member or loved one of one of the millions of senior citizens that are abused each year by caregivers, then you may be considering an elder abuse lawsuit against the caregiver and/or facility where they were residing. An elder abuse lawsuit is a type of personal injury lawsuit in that the basis of the lawsuit is a claim of negligence on the part of the caregiver or the facility – or both. So what is negligence and what type of compensation might my loved one be entitled to?
Negligence is a legal term that refers to the failure of someone to use reasonably prudent care. A negligence claim generally requires that four basic elements be met. They are: a duty of care was required; there was a breach of that duty; the breach of the duty of care was the cause of the injuries; and the plaintiff suffered damages as a result. In an elder abuse case, the duty of care is generally easy to establish. If your elderly loved one was placed in a long term care facility or was under the care of a private nurse or caregiver, then the very description of their job was to care for your loved one. Clearly, there is a duty of care placed on the caregiver and/or facility. The breach of that duty can be obvious or more subtle. In situations where physical abuse was involved, the breach of the duty of care is obvious. Other situations are not as obvious but may never the less be a breach of that duty. Failure to provide adequate care such as proper hygiene or exercise can be a breach of the duty of care. Additionally, over medicating a patient or restraining a patient may also be considered a breach of the duty of care. Even verbal, emotional or financial abuse may be a breach of care. Sadly, the possibilities are endless when discussing how elder abuse can form the basis of a negligence lawsuit. Causation is generally easy to determine in elder abuse cases but not always. The last element – damages – encompasses both economic and non-economic damages. In legal terms, damages refers to injuries. Economic damages are things that are quantifiable such as medical bills. If your loved one suffered a broken hip as a result of being pushed, then the hospital or doctor bill would be an economic damage. Non-economic damages are what most people think of as “pain and suffering”. These are the things that you don’t have a bill for but for which you may be entitled to compensation. Your loved one may be able to receive compensation from the caregiver and/or facility for both economic and non-economic damages if they have been the victim of elder abuse.
If you have a loved one that has suffered elder abuse and would like more information about your legal options, please contact the elder abuse law firm of Ledger & Associates at 1-800-300-0001 or visit them online at www.ledgerlaw.com.
