Elder Abuse in Nursing Homes

elder abuse

What is elder abuse?

Elder abuse includes physical abuse, emotional abuse, sexual abuse, exploitation, neglect, and abandonment. Perpetrators include children, other family members, and spouses—as well as staff at nursing homes, assisted living, and other facilities.

  • Physical abuse means inflicting physical pain or injury upon an older adult.
  • Sexual abuse means touching, fondling, intercourse, or any other sexual activity with an older adult, when the older adult is unable to understand, unwilling to consent, threatened, or physically forced.
  • Emotional abuse means verbal assaults, threats of abuse, harassment, or intimidation.
  • Confinement means restraining or isolating an older adult, other than for medical reasons.
  • Passive neglect is a caregiver’s failure to provide an older adult with life’s necessities, including, but not limited to, food, clothing, shelter, or medical care.
  • Willful deprivation means denying an older adult medication, medical care, shelter, food, a therapeutic device, or other physical assistance, and exposing that person to the risk of physical, mental, or emotional harm—except when the older, competent adult has expressed a desire to go without such care.
  • Financial exploitation means the misuse or withholding of an older adult’s resources by another.

Learn more about the types of abuse from the National Center on Elder Abuse (NCEA).

How many older Americans are abused?

Approximately one in 10 Americans aged 60+ have experienced some form of elder abuse. Some estimates range as high as five million elders who are abused each year. One study estimated that only one in 24 cases of abuse are reported to authorities.

Who are the abusers of older adults?

Abusers are both women and men. In almost 60% of elder abuse and neglect incidents, the perpetrator is a family member. Two thirds of perpetrators are adult children or spouses.

What makes an older adult vulnerable to abuse?

Social isolation and mental impairment (such as dementia or Alzheimer’s Disease) are two factors. Recent studies show that nearly half of those with dementia experienced abuse or neglect. Interpersonal violence also occurs at disproportionately higher rates among adults with disabilities.

What are the warning signs of elder abuse?

  • Physical abuse, neglect, or mistreatment: Bruises, pressure marks, broken bones, abrasions, burns
  • Emotional abuse: Unexplained withdrawal from normal activities, a sudden change in alertness, or unusual depression; strained or tense relationships; frequent arguments between the caregiver and older adult
  • Financial abuse: Sudden changes in financial situation: Overdue bills, electricity or gas shutoffs, unable to afford food or medicine.
  • Neglect: Bedsores, unattended medical needs, poor hygiene, unusual weight loss
  • Verbal or emotional abuse: Belittling, threats, or other uses of power and control by individuals

What are the effects of elder abuse?

Elders who have been abused have a 300% higher risk of death when compared to those who have not been mistreated. While likely under-reported, estimates of elder financial abuse to older Americans range from $2.6 billion to $36.5 billion annually. Yet, financial exploitation is self-reported at rates higher than emotional, physical, and sexual abuse or neglect.

Are there criminal penalties for the abusers?

Most states have penalties for those who victimize older adults. Increasingly, across the country, law enforcement officers and prosecutors are trained on elder abuse and ways to use criminal and civil laws to bring abusers to justice. You can review Ohio elder justice laws HERE.

How does a person make an elder abuse report?

If an older adult is in immediate, life-threatening danger, call 911.

Anyone who suspects that an older adult is being mistreated should contact a local Adult Protective Services office, Long-Term Care Ombudsman, or police. 

If you are in Montgomery County, Ohio, call Adult Protective Services at (937) 225-4906, 24 hours a day to report suspected abuse.

For claims of abuse or neglect within a long-term care facility, contact the Montgomery County Regional Ombudsman Office. Director Lawrence Wilkins can be reached at [email protected].

What Can You be Compensated for After an Accident?

What can you be compensated for after an accident?

If you are in a accident caused by another party, you may be wondering what you can be compensated for after an accident.

What can you be compensated for after an accident?

what can you be compensated for after an accident?

Medical bills – For doctor’s visits, surgery, hospitalization, clinic visits, prescription medication, and more
Medical bills expected in the future – We will get experts to testify what they expect your medical treatment and recuperation to be in the future
Wages lost from work – If the accident renders you unable to work, you will be compensated for your treatment and recuperation time
Wages expected to be lost from work in the future – If your treatment and recuperation time is expected to last into the future
Loss of future earnings – If your injuries mean you cannot work at your former occupation or are unable to work again
Property damage – If your car, vehicle, or other property was damaged in the accident
Pain and suffering – For pain and suffering related to the accident and injury, mental anguish related to the accident and injury, and loss of enjoyment of life if the injuries have made it impossible to do activities you enjoyed prior to the accident
Loss of consortium – If the accident or injuries has affected relationships or intimacy with a spouse, these damages can be sought on behalf of the spouse

6 Most Common Types of Truck Accidents

types of truck accident

There are several common types of truck accidents, of which all drivers should be aware (a truck is classified as large if its gross vehicle weight rating exceeds 10,000 pounds.) This is particularly important information in a country as expansive as the US, especially rural states like Ohio, where large trucks are a vital component for shipping goods. But with increased traffic comes increased risk of accidents, as well as a higher potential for serious damage due to the size and weight of large trucks.

One of the most lethal types of truck accidents is an underride accident.

These generally occur when a truck stops suddenly and the car approaching slides beneath the trailer, frequently shearing off the top of the smaller vehicle. The deadliness of this type of truck accident highlights the importance of leaving enough space between the two vehicles, and constant vigilance of any driver following a large truck.

Jackknifing is another of the most common types of truck accident

Resulting from the truck braking suddenly and causing the trailer to fold into a 9 degree angle. Not only could this also cause an underride accident, but it can also cause the truck to roll over or overturn and obstruct the roadway.

Rollover accidents – one of the most deadly types of truck accident.

This type of accident is caused by the driver losing control and the tractor-trailer rolling over, which can result in the contents being spilled across the road, making this an incredibly messy and one of the most expensive (and depending on the contents, potentially hazardous to the environment) types of truck accident.

It is important to remember that large trucks also have much larger blindspots, which is when a vehicle has poor or no visibility in key areas. To bring awareness of this common types of truck accident are the common messages on tractor-trailers that read “if you can’t see my mirrors, I can’t see you”. Drivers of both passenger vehicles and large trucks must pay heed to this notion to prevent large truck accidents when possible.

While the following accidents are not solely relegated to large trucks, as with the preceding types of truck accident, the dangers are far greater to all motorists who might potentially be involved.

The first of these types of truck accidents result from tire blowouts.

In highways across the country, evidence of tire blowouts are a common sight. While it is true that large trucks have more tires upon which to rely temporarily in case of a blowout, due to the size and possible load, resulting catastrophes can include not only the many types of truck accidents mentioned earlier but, depending on what the truck is hauling, can result in waste, costly cleanup and environmental damage.

Closing the list of types of truck accidents are the rear end and head-on collision.

As with all other types of trucks accidents, both can be especially dangerous for the smaller vehicle involved. In a rear end collision, a large truck drives over the back of the vehicle ahead of it, whereas the head-on collision involves the truck hitting another vehicle from the front.

1,276 U.S. workers driving or riding in a motor vehicle on a public road died in a work-related crash in 2018, and of these deaths, tractor trailers, semis and tanker trucks were involved in 38% of these fatalities, despite the fact that large trucks are vastly outnumbered by passenger vehicles. The Insurance Institute for Highway Safety reports that in crashes which involve large trucks and other vehicles, 98% of the fatalities occur to the people in passenger vehicles.

If you or your loved ones have been in an accident with a large truck such as a semi or tanker, please contact the accident experts at Cowan & Hilgeman Law.