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When You Should Consider Suing for Elder Neglect

Understanding Elder Neglect and Abuse

Elder abuse is a horrendous thing. This is especially true when the elder was abused or neglected by someone they rely on for care. If you undertake a duty to care for an elder, it must be done so competently and professionally. If you noticed an elderly loved one getting neglected or abused, here’s when I would suggest considering a lawsuit.

Clear Negligence: The Basis of a Case

There must be negligence for the injured elder to get money compensation. The clearer the negligence, the better the case. When it comes to medical providers, they must have failed to follow the standard of care for their profession. An example would be a nurse failing to turn an incapacitated elder when ordered by the doctor. If this happens, and as the result the elder gets bed sores or other injuries, then the nurse (though their insurance company) will be liable to pay the elder money compensation.

Significant Injuries or Damages: Justifying a Lawsuit

In order the justify the expenses and fees of most elder abuse cases, the attorney needs to be able to collect significant money compensation. Since the amount of money compensation is determined mostly by the level of injuries and damages, there must be serious injuries to justify an elder abuse case.

Who Can File: Standing in Elder Neglect Cases

If the elderly person who was neglected lacks capacity to sue, his or her case must be brought by a guardian. This is someone the Court appoints to act on the elder’s behalf. It’s typically a close relative but can sometimes be a government official. In the case of wrongful death from neglect, the elder’s case must be brought by a spouse, child, or parent (if still alive). If the abused elder has capacity to sue, then he or she must bring their own case.

Contact Us for Elder Abuse Case Assistance

If you have any questions about elder abuse cases, please contact my firm to speak with an experienced elder neglect lawyer who can guide you through the process. We are Kansas City personal injury attorneys, and we’re here to help.

More Resources

3 Things to Know if You’re the Victim of Elder Abuse

We are Nursing Home and Elder Abuse Lawyers

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