Elderly Abuse & Statutory Protection
The elderly are a wise, important segment of society, as they have not only been around for generation before we have – but they have brought along the knowledge, experience and a vast array of wisdom that comes with having lived through some of the most historical times in the last few decades. And while of course the elderly, as with people from every generation, are not without their faults, one of the biggest issues effecting the elderly these days however, is the fact that any older men and women are being abused and treated quite poorly by this generation’s youth. Unfortunately, it doesn’t just stop with mental abuse or being made fun of, as they are also being physically assaulted, neglected, exploited and are often the victim of criminal activities – whether it might be again, an assault, or some type of a robbery. In most states, there is a system of adult protective services for investigating and remedying reported abuses. Moreover, some states have laws giving victims of abuse, neglect or exploitation a civil cause of action. Finally, in most states, the abuse or neglect of older people is also a crime.As the best injury lawyer Tampa has to offer, Mr. Spinner truly has insight into such abuse cases, having helped clients suffering from a host of different abuses to win the monetary compensation they deserve. He can help you to better understand the abuses that are befallen the elderly in recent years and what is being done about them, be sure to read on below.
Adult Protective Services
You must understand, life is like a cycle – we start off as babies, soft and quite fragile – slowly developing our bodies, minds and growing larger, tougher, and more resilient by the day, until we reach our peak of adulthood. During this time, we are in our prime, in nearly all facets, our minds and bodies were never stronger and are still able to improve. Then, we begin to age and father time catches up with us and we get older and more fragile. This is often when individuals will feel they can take advantage of the elderly and force them into compromising situations they would not want to be in. According to Mr, Spinner, the best injury lawyer Tampa has in practice, typically, before any civil or criminal action is commenced against a nursing home, a report will have been made to your state’s adult protective services agency, or other system in place for the reporting and investigation of allegations of the abuse, neglect or exploitation of the elderly. Being the best injury lawyer Sarasota and their large elderly population trusts means a lot to Mr. Spinner and his team, as nursing home abuse claims are definitely on the rise. All states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, for investigating the allegations and, if the allegations are founded, for providing services to the older person to remedy the problems and prevent their recurrence. In fact, most states have mandatory reporting requirements with respect to such allegations. These processes are valuable during the process of a nursing home abuse claim or elderly abuse otherwise – as the best injury lawyer Sarasota has to offer, Mr. Spinner can use these databases to link cases together and often this information will help him to expose the abuses of a nursing home in particular. If an agency concludes that an allegation is founded, it will respond by offering the older person appropriate services, such as medical assistance, counseling, special transportation, assistance with money management, or placement in a different residential setting.
Civil Actions Based on Statutes
Some state legislatures have created causes of action involving the abuse, neglect, or exploitation of older people, which allow victims to bring civil actions against the perpetrators and/or their employees. These causes of action may authorize damages awards to victims, but may also authorize the issuance of injunctions and restraining or protective orders, for immediate relief from ongoing abuse or neglect. Additionally, according to Mr. Spinner the best injury lawyer Tampa has to offer, some states have special statutory rights of action for the violation of the rights of residents of long-term care facilities. Generally, the statutory rights of long-term care facility residents include the right to be free from abuse and neglect, or the right to a safe environment. According to Mr. Spinner, the best injury lawyer Sarasota has to offer, to qualify for Medicaid funds, long-term care facilities that qualify as “skilled nursing facilities” must meet certain federal, statutory and regulatory requirements. Most nursing homes today fall in this category and, therefore, must meet federal standards. One federal requirement is that such facilities comply with a “Residents Bill of Rights,” which provides that residents have the right to be free from verbal, sexual, physical and mental abuse, corporal punishment and involuntary seclusion.These are instances that injustice such as this simply cannot stand for our elderly men and women – for more information on all there is to know about Nursing home abuse claims and elderly abuse overall, be sure to contact Mr. Spinner today.