Society has an obligation to care for the elderly and infirm. Unfortunately, many professional caregivers shirk their duties and neglect or abuse the patients they take care of. If you suspect your ailing or elderly loved one has suffered abuse at the hands of an in-home caregiver, it’s essential that you understand your options for legal recourse and financial compensation. You can speak to a personal injury attorney if you have questions about legal liability for in-home caretaker abuse.
Examples of In-Home Caregiver Abuse
In-home caregiver abuse occurs when a caregiver intentionally or negligently provides substandard care that causes harm to those they’re supposed to be aiding. Examples of negligent in-home care might include:
- Insufficient feeding, bathing, or grooming
- Striking or hitting
- Unnecessary roughness or handling
- Creating intentional discomfort (e.g., removing blankets, using restraints, etc.)
- Withholding or failing to administer medication
- Verbal abuse and belittlement
- Sexual abuse (e.g., unwanted touching, groping, sexual assault)
- Stealing money or possessions
Signs of In-home Caregiver Abuse
Caregiver abuse can happen for several reasons. Agencies might not sufficiently train their employees or hire employees with a history of violence or substance abuse. Caregiving can be a stressful career, and some professionals might choose to take out their anger and frustration on those they care for. In addition to physical and emotional violence, patients may also be at risk of financial abuse.
If you notice any of the following signs, you may want to consider hiring an attorney to investigate whether caretaker abuse is occurring:
- Unexplained injuries, such as welts, bruises, and cuts
- Signs of restraint, such as wrist ligature or ankle marks
- Sudden changes in or worsening of condition
- Changes in eating habits
- Difficulties sleeping and agitation
- Weight loss
- Poor hygiene and dirty clothing
- Depression or anxiety
- Confusion or disorientation
- Missing medical aids or medical devices
- Missing money or valuables
- Inability to communicate with the caregiver
Legal Recourse for In-Home Caregiver Abuse
Those who are victims of in-home caregiver abuse may be able to file a personal injury lawsuit against negligent professionals and agencies that caused them harm. In order to make a successful personal injury lawsuit, the victim must show:
- The caretaker owed the victim a duty of care.
- The caretaker violated the duty of care through some action or omission.
- The violation caused the injuries in question.
- The victim suffered real harm.
If the above conditions are true, victims of in-home caregiver abuse can receive financial compensation for their losses. Depending on the circumstances, you can pursue compensation for:
- The cost of medical treatment related to abuse or neglect
- Cost of finding new in-home care
- Pain, suffering, and loss of convenience
- Miscellaneous injury-related expenses (e.g., alternate transportation)
- The cost of stolen or damaged property
You can also report the caregiver or agency to the state Department of Adult Protective Services (APS). APS is in charge of investigating facilities and professionals who abuse adults with mental or physical issues that limit their abilities.
In extreme situations, the in-home caretaker may face criminal charges. This may be the case if the caretaker demonstrated gross negligence or intentional malice and caused severe bodily harm.
Contact a Personal Injury Attorney Today
Abuse by healthcare and caregiving professionals is a serious issue that harms some of the most vulnerable people in society. The attorneys at Ainsman Levine, LLC, can hold negligent and abusive caregivers accountable for their wrongdoing and fight for the compensation your loved one needs to heal and move forward.
Contact our offices online or call today for a free case consultation with a personal injury attorney in Pittsburgh.
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