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Miami Bankruptcy & Criminal Attorney / Blog / Criminal Defense / Criminal Charges of Elder Abuse

Criminal Charges of Elder Abuse

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You may think you’ve seen it all as an employee in a nursing home– patients with all manner of problems come in, and an exhausted staff relies on meager resources because those are the expectations and realities when it comes to the needs of multiple elderly residents. There’s no question that things could be improved. But are you personally liable for the situation when things are charged as criminally negligent?

Abuse is Pervasive

 There are situations of elder abuse occurring all the time. When the evidence emerges, it is often heartbreaking:

One employee in a Casselberry assisted living facility dragged a resident by her hair into her room, then hit her in the face with an object and slammed her face into the wall. The patient was bleeding and had multiple facial injuries, including facial and nose fractures.

An 84-year-old woman in Miami was pictured on cell phone video being slapped and insulted by two caregivers, leaving the woman with bruises after the assault. She was an Alzheimer’s patient in an assisted living facility.

It’s Criminal Misconduct 

While nursing homes like this are often sued for damages to address the harm inflicted on their residents, many people don’t realize that criminal charges may be applicable, as well. In Florida, elder abuse can result in substantial fines and time behind bars. Elder abuse or neglect can come in many forms, from intentionally causing physical injuries, and including emotional, mental, and financial manipulation. It could be a matter of neglect, such as failing to administer needed medications, to keep an elderly individual clean and groomed, or failing to provide necessary items, like a wheelchair, for example. In some cases, it might be a matter of cruelly restraining an elderly person. The consequences for these kinds of actions are quite severe, and even if no substantial harm is caused, a perpetrator could face a $5,000 fine and five years in prison When the conduct results in serious harm, such as a permanent injury, the penalty could go as high as 30 years behind bars.

 Signs of Elder Abuse 

Elder neglect/abuse may be difficult to see right away, but the symptoms tend to reveal themselves with time. Some of the most common issues might include:

  • Unsanitary or hazardous living conditions;
  • Unclean hair or clothes, poor dental hygiene, or other indications of personal care being neglected;
  • Bedsores, dirty diapers, and other evidence of poor hygiene;
  • The absence of necessary items such as glasses, hearing aids, or walkers.
  • Depression, anxiety, or other clear changes in affect;
  • Rocking back and forth, or otherwise displaying signs of trauma;
  • A fear of being approached by certain individuals or of being left alone;
  • Burns, scars, bruises, or other indications of physical abuse that indicating forceful restraint and/or physical punishment;
  • Inexplicable changes to spending habits, banking patterns, or wills/trusts;
  • Indications that medications have been administered improperly.

Defending You 

It’s easy to understand why the loved ones of an elder who’s been abused or neglected would seek to pin the blame on somebody. But whether you’re the director or an hourly employee who did the best you could, you deserve a vigorous defense. At The Law Office of Julia Kefalinos, our Miami criminal lawyers always fight for the best possible outcomes for you. To discuss, schedule a confidential consultation today in our Miami office.

Source:

wsvn.com/news/local/florida/employee-at-florida-assisted-living-facility-faces-charges-for-abusing-elderly-patient-with-dementia/

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