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Elder Abuse and Neglect

NursingHome2

Elder abuse and neglect is a growing concern for thousands of Maryland senior citizens and their families. Whether the abuse is occurring in a nursing home or assisted living facility, or it is being inflicted by a home caretaker or family member, it needs to be put to an end. To get started immediately, you need to contact an attorney. While calling the police during the incident or filing a report with the police afterwards is necessary to stop immediate violence and to create a record, it  is only the first step. Contact an Anne Arundel County elder abuse and neglect attorney for immediate assistance.

What is Abuse and Neglect?

According to the Maryland Department of Aging, physical abuse consists of any kicking, punching, hitting, pushing, pinching, forcing the victim to do something against their will, slapping, shaking, or any other physical action that causes unnecessary harm or emotional trauma. Psychological abuse includes yelling at, belittling, humiliating, harassing, or threatening the elder person. Sexual abuse is any non-consensual sexual touching, fondling, or intercourse. And, sexual abuse may also have occurred even if the elder person allegedly gave consent if they suffer from dementia or another cognitive impairment. Finally, financial abuse is any wrongful taking or using of the victim’s credit card, bank account, or cash, including fraud, scams, and predatory lending. Neglect is similar to abuse, but is essentially the absence of care, not a physical hit or punch. Neglect involves failing to meet the older person’s needs, such as not providing clean clothing, mismanaging their medications, forcing them to stay in their room, or not allowing them enough food or water.

Restraining Orders With Maryland Adult Protective Services

If the abusive person is a family member, filing a lawsuit against a nursing home is obviously not an option. And, the majority of abuse and neglect is inflicted by family members of the elderly person. According to the National Council on Aging, 60 percent of abuse and neglect is caused by a family member, with spouses and adult children being the most common perpetrators. What you can do is file a restraining order with an attorney, and use Maryland’s Adult Protective Services to make sure the abusive person is removed from the home of the victim.

Report Abuse. You are Protected Under the Law

As a family member, friend, or a victim yourself, if you have not spoken up for fear of civil retaliation by the other party, fear not. You are protected under Section 14-309 of Maryland’s Family Law Article. Anyone who participates in an investigation or makes a report of elder abuse or neglect is “immune from any civil liability that would otherwise result.”

Call Maryland Elder Law Attorney Tara K. Frame Today 

An attorney can help protect you or your loved one with a protective (restraining) order, have the abusive person or management removed from the nursing home where they reside, and seek financial retribution from the facility. Call the Pasadena attorneys of Frame & Frame today for help.

Resources:

aging.maryland.gov/Pages/ElderAbusePrevent.aspx

ncoa.org/public-policy-action/elder-justice/elder-abuse-facts/

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