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Are All Nursing Home Abuse Victims Required to Testify in Court?

If you’re worried whether a loved one who has been injured in a nursing home must testify in court, your concerns are warranted. While a nursing home abuse lawsuit may get them a financial recovery, it’s understandable that you want to protect them from the undue physical and emotional stress of a trial.

About 1 in 10 or up to 5 million Americans aged 60 or older experience at least one form of elder abuse, according to the National Council on Aging (NCOA). Those are staggering numbers, yet abuse of the elderly remains a low priority worldwide. If your loved one has been involved in elder abuse, our compassionate lawyers at Dalli & Marino, LLP can help you and your loved one get the compensation you deserve. 

What Is Considered Nursing Home Elder Abuse?

When someone in a position of power intentionally harms an elderly person or puts their life in danger, their actions are considered elder abuse. Elder abuse in nursing homes takes many forms that can seriously upend a victim’s life, leading to devastating consequences. Knowing the different forms of elder abuse can help protect senior citizens from harm. Some common forms of elder abuse include:

  • Neglect of personal hygiene and basic needs such as food, water, warm clothing, and a clean, safe environment.
  • Physical abuse against an older adult, such as hitting, kicking, physically restraining them, or inflicting bodily trauma.
  • Emotional abuse, which involves caregivers ignoring nursing home residents with physical or mental disabilities and isolating them from their loved ones and other residents.
  • Financial abuse, which could include taking an elderly’s money, personal belongings, or valuables from their rooms.
  • Medical abuse, which happens when nursing home care providers fail to effectively treat health problems.
  • Elder sexual abuse, which may involve forced or non-consensual sexual interactions with elders.

You would like to believe that your elderly parents or grandparents are safe and well cared for in their nursing home. Unfortunately, physical, sexual, emotional, and financial abuse at the hands of caregivers and nursing home staff at long-term care facilities is prevalent.

What Causes Elder Abuse in Nursing Homes?

Most cases of nursing home abuse mainly stem from either understaffing or from staff that is inadequately trained. This, in turn, increases the risk of neglect because residents receive little to no attention. These new employees are likely to disregard elderly residents, mishandle older adults, and even make mistakes with resident medications. If someone is experiencing physical, emotional, financial, and sexual harm, reporting nursing home neglect to Adult Protective Services (APS) can deter further negligence.

When you report a case of elder abuse within the statutes of limitations in your state, your loved one can receive the justice they deserve. Hiring an experienced nursing home abuse lawyer can enable you to pursue financial compensation to help pay for any injuries sustained from the neglect. 

Should Nursing Home Abuse Victims Give Witness Testimony in Court?

When prosecuting elder abuse cases, not all victims of nursing home negligence need to testify, as most grievances are settled out of court. If this happens, your loved one might get financial recovery without going through the emotional and physical stress that comes with testifying.

However, if you must go to trial, consider working with a compassionate lawyer who cares for your loved one’s well-being to ensure a stress-free trial. They’ll consider your loved one’s physical and emotional state, as well as if they’re strong enough to take the stand. Besides, your lawyer will factor in evidence quality to confirm there’s adequate proof of neglect, oppression, fraud, or malice when the elder abuse occurred. It’s beneficial if a nursing home abuse victim gives witness testimony, but they aren’t always required to. 

If clear and convincing evidence of nursing home abuse is available, it qualifies your loved one to collect enhanced damages. Beware of unscrupulous nursing homeowners accused of negligence and abuse, who employ numerous strategies to delay proceedings and deplete the victim’s finances while at it. Nursing homes facing litigation use stalling tactics and omission to avoid a lawsuit. 

Hire a New York Nursing Home Abuse Lawyer at Dalli & Marino, LLP to Fight for You

Nursing home abuse cases are complex. Some can be handled quickly or be drawn out, depending on the severity of the violations. With an experienced team of nursing home abuse lawyers who work tirelessly to advocate for their clients, victims of elder abuse can get favorable outcomes. 

This is why at Dalli & Marino, LLP, we tailor each case to the individual and look out for their best interests when evaluating their unique circumstance. Our lawyers also speak Spanish. Call us at (888) 465-8790 or schedule an appointment by filling out our online contact form.

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