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The nation’s elderly residents deserve high-quality care with compassion and respect for their human dignity. Sadly, as many as one in five elders reported abuse between 2020 and 2022. This spike in abuse cases occurred during the COVID-19 pandemic while reporting in previous years showed abuse rates at one in ten elderly Americans. The elderly are vulnerable to several types of abuse, including neglect, physical abuse, emotional abuse, financial abuse, and sexual abuse. But at what age is an abuse victim considered elderly, and when is an abuse case elder abuse?
According to the U.S. Department of Justice, the laws they’ve developed to prevent elder abuse, target citizens of age 60 and up, although there are variations in individual state laws. For instance, Arizona’s Maricopa County’s Victim Resource Guide defines crimes against older adults as those occurring to those of age 50 or older. Most states also consider those with physical and cognitive impairments as “vulnerable adults,” regardless of their age. Most elder abuse laws also protect vulnerable adults of age 18 and older.
Most states define elder abuse as any harmful act imposed upon or threatened toward those aged 60 and up. Elder abuse is more common than abuse in other age populations due to an elder’s increased vulnerabilities. These include physical disability and mobility issues. An elderly person may require assistance to accomplish daily routines and may also experience cognitive issues such as memory problems and dementia, making it more difficult for the elderly to report their abuse.
In addition to the vulnerable qualities of the elderly, those tasked with caring for the elderly often increase the risk of abuse. Because nursing homes have chronic staffing shortages and high employee turnover rates it often results in inadequately trained, overwhelmed caregivers. Nursing home caregivers may suffer from exhaustion, frustration, depression, anxiety, and substance abuse. In a recent survey of 577 nurses and aides in nursing homes and elder care facilities, a stunning 81% reported witnessing abuse take place and 40% admitted to committing emotionally abusive behaviors toward the elderly in their care.
Most states and independent organizations begin allowing senior-citizen discounts to those aged 55 and up. Still, most states do not consider abusive behaviors as elder abuse until the victim is an individual 60 years old or older. Elderly residents of nursing homes face the highest risk of the following abusive behaviors:
Sexual abuse is widely presumed to be the most underreported type of abuse, with only 1.9% of nursing home residents reporting sexual abuse.
Elder abuse is more than a national problem, it’s a problem that all too often hits close to home. When an elderly person becomes the victim of abuse, their loved ones have a right to take immediate action, including reporting the abuse to authorities, and their local ombudsman, and seeking compensation with the help of a Phoenix elder abuse attorney to hold the nursing home facility accountable.
The personal injury attorneys in Phoenix, Arizona, at Knapp & Roberts have the compassion and trial lawyer skills to tell your story to a jury. We will get to know you and your family so that we can help the jury understand what has happened to you and your family and how it has changed your lives. Obtain the compensation necessary for the injuries and losses you have suffered.
