Common Questions
Nursing home abuse and elder neglect are problems that plague too many elderly individuals throughout the country. Although this abuse has been on the rise for many years, there is still a lot of mystery behind the problem among the general public. For this reason, DominaLaw Group has provided answers to some of the questions that we receive most frequently from our prospective and current clients.
How can you help me stop elder abuse?
The most effective way of ending elder abuse is to alert as many people as possible to the problem. That being said, at DominaLaw Group we aim to help bring abusive and neglectful behaviors to the forefront of attention among professionals in the field, as well as those who work in the legal system. Unfortunately, alerting Adult Protective Services (APS) is not always effective enough in stopping the problem altogether. While it may help dissolve an existing issue, there is no promise that the problem won't appear again in the future, perhaps even to a different victim. Therefore, it is out mission to bring these cases to court and aggressively represent them in trial. In doing so, we aim to bring the issue to light while simultaneously obtaining financial compensation for the victims under our representation.
DominaLaw Group respects the legal process, and all of our actions are geared at ensuring that the integrity of the legal system is maintained along with the integrity of our clients. To do this, we create unique strategies to use in court, and we develop a compelling story that can effectively shed light on an issue that deserves attention. Stopping elder abuse requires much more than punishing the individual who is directly responsible for the victimization. It requires acute legal attention and widespread acknowledgement of the problem. At DominaLaw Group, we provide more than blanket representation to our clients. We devise intricate, personalized plans of attack that are successful in court and remain effective after trial as well.
Are there laws against elder abuse and nursing home abuse?
Currently, there are no federal laws in place to curb the abuses of elderly individuals in nursing home facilities. There are, however, individual state laws that address these issues. Cases that refer to abuse or neglect that occurred within a nursing home facility are referred to as "Institutional Abuse." Due to the rising trend of abuse and neglect at these facilities, more and more states are adopting explicitly defined laws regarding the issue, and some have even clarified which punishments are associated with which behaviors. At DominaLaw Group, we represent individuals in Nebraska and other states throughout the U.S. We are more than happy to discuss the specific details of your state's elder abuse laws with you during the free consultation that we offer to our clients.
What if I'm not sure if nursing home abuse is going on?
It can be difficult to feel certain about whether or not abuse is taking place. In fact, without explicit alert to the problem from the victims themselves, suspicions are often all we have to go by at the beginning of an investigation. This is okay. There is no penalty for accidentally making an accusation that turns out to be inaccurate. There can, however, be significant consequences to stifling your suspicions. When professionals are not alerted to a potential problem, no action can be taken to alleviate the situation. The issue can quickly escalade and a victim's health can be significantly worsened. For this reason, we encourage individuals who are suspicious to trust their instincts and come forward with the information. Persons who are unsure or hesitant to do so can refer to our page on warning signs to learn more about the specific symptoms that can be assessed before making an accusation of nursing home abuse or elder neglect.
How will abusers be held responsible for their abuse?
Criminal penalties for abusers of elderly individuals are defined at the state level. Most states, in fact, have established multiple laws to address the concern of how victimizers will be punished for their elder abuse or neglect. Due to the increasing reports of elder neglect and nursing home abuse throughout the country, nationwide, states have begun to implement new training programs for police officers who may be called to the scene of these types of situations. They have also enforced strict regulations that are designed to bring justice to the victims of elderly abuse. When you contact DominaLaw Group, we will take the time to thoroughly review the specific laws of your state to help you better understand the legal procedures that you can expect moving forward in trial.
Why does an attorney need to be involved in a case of elder abuse?
Involving a legal professional in the abusive or neglectful behaviors of a caregiver or nursing home facility can better ensure that the case will be resolved in your favor. The results you will achieve from contacting Adult Protective Services (APS) and other professional services in the elder care field could be entirely different than the results yielded by an attorney who can take your case to trial. Since 1975, DominaLaw Group has been successfully representing cases in Nebraska, as well as a number of states throughout the country. We have the experience and skills needed to effectively address issues of this nature in court, and we are unwilling to back down when challenges arise.
What's the difference between abuse and neglect?
Elder neglect is another type of abuse. The primary difference between the two is that neglect refers to inattention and / or failure to live up to standards of expectation, whereas abuse implies intentional physical / emotional / sexual harm. Elders who are improperly cared for and consequently suffer from malnutrition, dehydration, bed sores, and other avoidable medical complications are victims of neglect. Elders who are physically abused, verbally assaulted, or emotionally harassed are victims of abuse.
Who can be held responsible for the abuse or neglect of an elderly individual?
Who will be held responsible for cases of elder abuse and neglect will depend largely upon the specific circumstances involved in the case. For example, a personal caregiver who acts abusively toward an elderly individual can be held liable for his / her actions. It may also be possible to hold an entire nursing home facility responsible for the abusive behaviors of their staff members if the problem is tied back to negligent hiring practices. Making the determination of who should be held legally responsible for the elder abuse and / or neglect that was experienced is a task for the attorneys at DominaLaw Group. As experienced professionals in the field, we are more than qualified to discern the best course of action in these cases.
More questions?
The questions and answers provided above are only a small sample of the many queries that we receive on a regular basis. The ones provided above were chosen specifically for their commonality, however, we recognize that you may have many more questions that were not answered on this page. We are more than happy to meet with you personally to discuss your questions and concerns at length. By contacting our office today, you can schedule a free consultation to meet with an associate about the details of your case.