Elder abuse is an ever-growing problem within the United States and can have very dire consequences for families that need to look after their loved ones. Abuse can take many forms such as neglect in nursing homes, abuse from family, and even financial exploitation. All these forms serve to highlight the need to prove one’s claims regarding elder abuse. The medical timelines can be quite helpful in establishing self-sustaining claims regarding elderly abuse.
In this blog, we will discuss how an elder abuse claim is supported using medical timelines and how the violators are prosecuted deeply under the elder abuse regulations by the state.
Understanding Elder Abuse Cases
Elderly abuse is any form of action that can inflict harm on sensitive people above the age of 60. The abuse can be physical, emotional, sexual, and even financial. The National Center on Elder Abuse shows that 1 out of every 10 elderly people undergo such forms of abuse in the United States. This defines elderly abuse and even extends to elderly abuse in nursing homes that tend to neglect the elderly and actions of mistreatment regarding elderly patients in their care.
Elderly people have a lot of cash in hand. For this reason, financial elder abuse is done in a smart way that involves close family members and caregivers. It is common for a son or other relatives to abuse their elders which sadly goes unreported because of the relationships involved. Elder abuse is easily classified as a felony when the nature of abuse is severe. In some cases, financial elder abuse can be a crime and vary from being a misdemeanor to being a felony. California laws classify theft or fraud from an old person as a felony.
The Crucial Role of Medical Timelines
Medical timelines are critical because medical evidence is needed to strengthen the claim in elder abuse cases involving injuries, neglect, or abuse. A medical timeline is a comprehensive medical profile that encapsulates an elderly person’s age, medical injuries, and treatment received over the years in chronological order. This timeline can prove that the abuse or neglect claimed was indeed true.
The timeline structure of records and other relevant particulars of the victim’s medical history makes it easier for the attorneys to put together the puzzle of tendencies of abuse or negligence that are otherwise difficult to comprehend from a medical viewpoint. For example, suppose an older person has some unexplained bruises, fractured bones, or some other injuries. In that case, a medical timeline can reveal the period the injuries took and compare it with the time of reporting abuse. It also helps in identifying the lack of nursing interventions for elder abuse and critical care omissions.
Key Elements to Include in Comprehensive Medical Timelines
The following elements must be included in a medical timeline:
- Medical Conditions and Diagnoses: The details of the geriatric patient’s medical illnesses and when he/she was diagnosed are useful to isolate chronic or severe conditions that physical abuse or negligence might inflict.
- Injuries and Treatments: All the injuries suffered, such as fractures, bruises, or indications of elder abuse, should be documented in detail, along with dates and treatment or intervention sought and provided.
- Medications and Care Plans: Provide information on the prescribed medication and the care plan assigned to the victim because it relates to nursing home abuse. This assists in confirming whether its care was neglected or mishandled, even in instances where further explanation is needed.
- Witness Statements and Observations: The account of caregivers, nurses, specific family members, and other people in contact with the elderly can enrich the abuse or neglect detail themes on the account with relevant facts and aid the preparation of the timeline.
- Photographic Evidence: Elder abuse photographs are crucial for evidence, especially in cases of physical abuse. Photographs of severe injuries and sickness in nursing homes strengthen the case against elder abuse.
The Role of Negligence and Liability
For the abuse claims to be appreciated, all aspects of elder abuse must first be established. For elderly abuse claims to be proven accurate, proving negligence or liability is paramount. As defined in the legal context, negligence implies a failure by an acting party to take relevant measures that could have in one way, or another protected a person from some type of suffering. For elder abuse, it is essential to illustrate that the person in charge, for instance, nursing home staff or even a member of the family did not perform their tasks as expected.
The instances of financial elder abuse can be such as the elderly in question having someone withdraw money from their account without their consent. If these acts are considered theft, fraud, or deceit, financial elder abuse charges may be leveled against the perpetrator. It is safe to say that an accusation such as abusing an elder in California is treated very seriously, and the law surrounding elder financial abuse is very thorough, so the penalties are greater.
Building a Compelling Elder Abuse Cases with Medical Timelines
The challenge of abuse is to gather as much evidence as one can to form a strong elder abuse case, and one of the most organized ways of doing this is using medical timelines. These are some tips for success:
- Work with Expert Medical Professionals: To be able to appreciate the total picture behind the medical timeline, you should work with a specialist for elderly care or even a medical records reviewer. These professionals specialize in reading medical records and can flag possible neglect or abuse that would otherwise go unnoticed.
- Document Everything: Keeping a record of transactions as well as behavioral changes and injuries as well as changes in behavior is crucial and very helpful. Proving a case of elder financial abuse by a son or daughter can prove difficult due to the intricate nature of the abuse, so having hard evidence becomes imperative.
- Seek Legal Assistance Early: Whenever possible, get assistance from an attorney who specializes in elderly abuse since your odds of winning are much higher. A well-trained attorney knows how to provide proper medical evidence and how to structure the timeline to their advantage.
- Highlight Risk Factors for Elder Abuse: Make sure to expose any known risk factors such as dependency, isolation, and cognitive decline because these may have exposed the older object of abuse to be easily prone to violence. Nursing home abuse cases often entail a lack of multiple forms of abuse that occur through negligence, as well as too few staff and not enough medical treatment.
Conclusion: Detailed Medical Timelines in Elder Abuse Cases
In legal endeavors, especially in an elder abuse case involving financial exploitation or physical injury of a victim, proving without reasonable doubt a timeline of events is crucial to ensure a claim is made. A comprehensive timeline will aid not only the credibility of the abuse claims but also the severely injured person. Consulting with medical and law professionals will enable the family of the abused to have representation and make sure justice is served.
The moment you suspect that an elderly person is suffering abuse either in the form of neglect or financial exploitation, it is important to act fast. You should reach out to the relevant authorities like adult protective services or local police and consult with an attorney that specializes in such abuse cases. Never allow any sort of mistreatment to thrive. Protecting your loved one from psychological or physical abuse will go a long way to preserve their dignity in their old age.
FAQs
What are the incidences of elder abuse in the United States?
Approximately 10 percent of older people in the United States are likely to suffer from elder abuse, which manifests itself in many ways, such as physical abuse, emotional abuse, neglect, or even financial abuse.
What is the financial exploitation of elder abuse in NY?
In New York, elderly people’s finances and property being used without permission is what can be referred to as financial exploitation. It may involve mismanaged funds by making withdrawals without permission, signing checks, or coaxing the elderly to make certain financial decisions.
Who defends the elderly in the United States?
In the US, the elderly who suffer from this type of abuse are protected by various legal advocates such as abuse attorneys, defenders, and elderly law attorneys.
What is the California law for elder abuse?
California has some of the most intensive elder abuse laws, encompassing mistreatment and exploitation of older adults as civil and criminal offenses. The California legal systems consider elder abuse to be a felony when it includes any physical injury or severe financial exploitation.
Get in touch today so we can speak on how we build your case on elder abuse and help you with the medical history timeline to help your elder abuse claim. We will help you get the justice served.
