The people who physically abuse the elders in their care often do not want the outside world to know what they are doing. In many cases, these parties will try to hide the signs of their abuse or shame their victims into hiding that evidence for them. There are times, though, when extensive physical abuse can result in unintentional injury.
If an elderly individual is under the care of a nursing home or assisted living staff, these injuries should receive treatment. However, if you discover that your loved one is suffering from an untreated, unintentional injury or an injury that they refuse to explain, it may be time for you to take legal action on your loved one’s behalf.
Signs of Elder Physical Abuse to Watch For
There is a chance that one of your elderly loved ones may not be able to explain the abuse that they are exposed to. Alternatively, they may forget an incident that results in their injury. In these cases, it is up to you to use context clues to monitor your loved one’s health. So long as you are diligent in checking on your loved one, you can detect signs of mistreatment or abuse.
Common symptoms of physical elder abuse can include but are not limited to:
- Unusual bruising
- Tenderness or pain
- Unexplained physical conditions
- Emotional withdrawal
- Avoidant behaviors, either around family, staff, or both
If you notice your loved one contending with any of these symptoms, get in touch with medical professionals as soon as possible. While your loved one is in the process of recovering, you can work with our team to establish liability in an elder abuse case.
Common Unintentional Abuse Injuries
Most abusers want to continue taking violent action against the people in their care. As such, abusers can try to obscure the symptoms of abuse that might otherwise give them away. However, unintentional abuse injuries can be impossible to ignore, particularly if you are checking in with your loved one on a regular basis.
Some of the most common injuries for an elder enduring consistent physical abuse can include:
- Sprained or broken joints
- Skull fractures
- Fractured bones
- Internal bleeding and/or organ damage
Unfortunately, many elders may be reluctant to disclose how they came to suffer from these or similar injuries. Whether they are not able to explain what happened to them or have been silenced by shame, it is up to you to advocate for their appropriate treatment.
How to Take Action in the Face of Unintentional Elder Abuse Injuries
Should your loved one exhibit symptoms of elder physical abuse, New York and New Jersey courts may allow you to pursue a civil case on your loved one’s behalf. You can work with a personal injury attorney to bring your loved one’s condition to the attention of a civil court in your area via a civil complaint.
Before you file your complaint, though, make sure you have the evidence you need to establish:
- The identity of a liable party
- The liable party’s alleged duty of care
- The ways in which that party violated their duty of care
- The losses your elderly loved one endured
- The compensation to which you believe your loved one may be entitled
When you have this information on hand along with evidence backing your claim, you can more easily win financial support for your elderly loved ones. Note, too, that you can use this evidence to pursue both a civil case and a criminal one, should the circumstances seem appropriate.
Our New York Elder Abuse Attorneys Can Represent Your Loved Ones
There is no point in your life when you or the people you care about should have to endure physical abuse. Should you suspect that your elderly loved ones have suffered an unintentional injury due to physical abuse in a New York nursing home, let Dalli & Marino, LLP, take action on your behalf.
Our team of experienced attorneys is prepared to advocate for your loved one’s right to appropriate treatment and financial reparations in civil court. We speak both English and Spanish, making it easier than ever for your loved ones to communicate their needs. If it is time for you and your elderly loved ones to take legal action, contact us online or call our office at (888) 465-8790.
