Facing Charges of Abuse/Neglect of the Elderly
As an employee in a nursing home, you think you’ve seen it all. Patients of all stripes come in, and a beleaguered staff with limited resources is expected to address the many needs of multiple elderly residents. There’s no question that things could be better. But are you personally liable for the situation when things get really bad?
It’s Criminal—Literally
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 the state of Maryland, exploitation, neglect, and abuse of older and/or vulnerable adults can lead to serious consequences. If such abuse or neglect is discovered, the responsible party could wind up behind bars for five years and be fined $5,000, even if serious harm does not result from the situation. If serious harm or death does occur, the perpetrator could wind up facing felony charges, which could mean $10,000 in fines and 10 years in prison.
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:
- Burns, bruises, scars, or other signs of physical abuse or indications of physical punishment and/or unwarranted restraint;
- Depression, anxiety, and other striking changes in affect or behavior;
- Unclean or hazardous conditions;
- Personal care is neglected, resulting in dirty hair or clothes or poor dental hygiene;
- Bedsores and other indicators that hygiene is being neglected;
- Indications that there is real fear of being left alone or being approached by certain individuals;
- Inexplicable alterations in banking patterns, spending habits or trusts/wills;
- Evidence that medications have not been properly administered;
- A patient rocking back and forth, or otherwise displaying signs of trauma;
- The absence of necessary items such as hearing aids, glasses, or walkers.
Factors for You to Consider
If you are facing criminal charges related to the condition of an elderly/vulnerable individual, it will be worthwhile to think about certain issues when crafting a defense:
- What were your responsibilities?
- Had there been previous warnings or write-ups related to your shortcomings?
- Did you witness conditions of concern?
- Did you report issues of concern?
- What efforts did you make to rectify problems?
- What power did you have to change the situation?
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 Hammad S. Matin, P.A., our La Plata & Waldorf criminal defense attorneys always fight for the best possible outcomes for you. To discuss, schedule a confidential consultation today.
Source:
nia.nih.gov/health/elder-abuse/spotting-signs-elder-abuse
