South Carolina Elder Neglect Attorney Fighting for Abuse Victims
As you or your loved ones become older, it can become more difficult to defend yourself. Losing physical strength, a weakened mental state, and other health problems can leave you or your elderly loved one susceptible to abuse or neglect from caregivers (both professional and family members).
South Carolina personal injury attorney Andy Arnold has become an advocate for defending the rights of the elderly. His first nursing home abuse case changed him and his practice. To help you get a better understanding of elder abuse and how to fight it, the Law Office of W. Andrew Arnold, located in Greenville, SC, has provided some important information on the topic.
What Is Elder Abuse?
Elder abuse is a general term used to describe various types of mental, physical, and sexual abuse of an elderly person; the financial exploitation of a senior; and the neglect or outright abandonment of an older person who needs the assistance of a caregiver.
As far as the law is concerned, elder abuse or neglect occurs when two factors are met:
- an elderly person has suffered injury, deprivation, undue mental anguish, or any unnecessary danger
- a specific person (or persons) either directly caused the injury or failed to prevent it.
Types of Elder Abuse Cases
Elder abuse and neglect can take different forms. Our experienced elder abuse attorney can help you file a South Carolina elder neglect lawsuit based on general neglect, physical abuse, sexual misconduct, financial exploitation, and nursing home negligence. Below, these common types of elder abuse cases are highlighted.
Elder Neglect
More than half of the reported cases of elder abuse involve elder neglect, also known as a failure to fulfill one's obligation as a caretaker. Elder neglect can be an intentional act or it can be unintentional. Typically unintentional, or passive, elder neglect stems from the ignorance or denial of a caretaker that the senior needs as much care as she or he actually does.
Physical and Sexual Elder Abuse
Elder abuse can often manifest as physical abuse or sexual misconduct against the senior. Physical elder abuse not only involves the non-accidental use of force to cause personal injury or pain to an older person, but also the use of constraints or other forms of confinement (including intentional overdosing of drugs).
Sexual elder abuse can involve physical sexual acts or contact with the senior without his or her permission, forcing the elderly person to undress, or forcing the older person to view pornographic material or watch sexual acts.
Financial Exploitation of Elderly
The exploitation of an elderly person for financial gain can be committed by a caretaker or other person close to the senior or by a complete stranger who preys on the trust of older people.
A caregiver, family member, or close "friend" of an elderly person can commit financial elder abuse by stealing cash or valuables; misusing checks, credit cards, or bank accounts for personal gain; forging the senior's signature; and stealing the senior's identity.
Strangers who commit financial elder abuse tend to present themselves either in person, on the phone, or via mail correspondence, as legitimate businesses or charities. These unscrupulous individuals or groups request money for phony charities, offer bogus investment services, or tell the elderly person that he or she has won a prize, but must pay a fee to collect it.
As older people use email, they are also bombarded by various schemes that either use the above scams or pose as real institutions and request that the senior update his or her account information. These email schemes (often referred to as phishing) will direct the seniors to what appear to be legitimate websites, but are really just places for the scammers to get access to their account information.
Nursing Home Negligence
Another growing area of elder abuse and neglect is nursing home negligence. The staff and medical professionals at nursing homes and long-term assisted-living facilities are supposed to help their patients. Unfortunately, sometimes the nursing home employees cause more harm than good to the residents. It is important to look for the warning signs of nursing home abuse and to know the South Carolina statutes and federal laws that protect the elderly residents of these facilities.
Contact Greenville SC Elder Abuse Attorney Andy Arnold for a Consultation
With extensive experience in defending the rights of South Carolina's elderly population, Greenville elder abuse attorney Andy Arnold has the knowledge to help you and your loved one with your elder neglect case. If you want to know if you have a feasible elder abuse lawsuit, contact our South Carolina attorney for a consultation.