Elder abuse and neglect are unfortunately common occurrences in Pennsylvania. Every year, thousands of seniors are subjected to mistreatment in nursing homes and other care facilities. In many cases, this abuse can have devastating physical, emotional, and financial consequences.
Fortunately, Pennsylvania has laws in place that are designed to protect seniors from abuse and neglect. If you or a loved one has been mistreated in a nursing home or other care facility, you may be able to file a lawsuit to seek justice and compensation for your damages.
Here’s what you need to know about Pennsylvania elder abuse and neglect lawsuits.
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Types of Elder Abuse and Neglect
Elder abuse and neglect can take many different forms, and it’s not always easy to detect. The following are some of the most common types of abuse and neglect that occur in nursing homes and other care facilities.
Physical Abuse
Physical abuse occurs when someone intentionally causes physical harm to an elderly person. This can include hitting, slapping, pushing, or other types of physical violence.
Emotional Abuse
Emotional abuse can be just as damaging as physical abuse, but it’s often harder to detect. Emotional abuse can take the form of verbal insults, threats, isolation, or any other behavior that causes emotional distress.
Sexual Abuse
Sexual abuse occurs when an elderly person is subjected to unwanted sexual contact or sexual advances. This can include rape, touching, or any other unwanted sexual behavior.
Neglect
Neglect occurs when someone fails to provide adequate care to an elderly person. This can include failing to provide food, water, medication, or other necessary forms of care.
Financial Exploitation
Financial exploitation occurs when someone takes advantage of an elderly person’s finances for their own gain. This can include stealing money, forging signatures, or any other type of financial fraud.
Pennsylvania Elder Abuse and Neglect Laws
Pennsylvania has laws in place to protect seniors from abuse and neglect. These laws include the Older Adults Protective Services Act (OAPSA) and the Older Adult Consumer Protection Law (OACPL).
The Older Adults Protective Services Act (OAPSA)
The OAPSA is a law that is designed to protect seniors from abuse and neglect. It requires nursing homes and other care facilities to report any suspected abuse or neglect to the Pennsylvania Department of Aging.
The law also provides for the investigation and prosecution of elder abuse cases. If abuse is found to have occurred, the perpetrator can be prosecuted and may be required to pay damages to the victim.
The Older Adult Consumer Protection Law (OACPL)
The OACPL is a law that is designed to protect seniors from financial exploitation. It makes it illegal for anyone to take advantage of an elderly person’s finances for their own gain.
Under the OACPL, seniors who are victims of financial exploitation can file a lawsuit to seek compensation and damages from the perpetrator.
Filing a Lawsuit for Elder Abuse or Neglect
If you or a loved one has been the victim of elder abuse or neglect, you may be able to file a lawsuit to seek justice and compensation for your damages. However, these types of cases can be complex, and it’s important to work with an experienced attorney who can guide you through the process.
To file a lawsuit for elder abuse or neglect in Pennsylvania, you will typically need to prove the following elements:
- The defendant owed a duty of care to the victim.
- The defendant breached that duty by committing abuse or neglect.
- The victim suffered damages as a result of the abuse or neglect.
If you can prove these elements, you may be able to recover compensation for medical expenses, pain and suffering, and other damages.
Working with a Pennsylvania Elder Abuse and Neglect Lawyer
If you or a loved one has been the victim of elder abuse or neglect, it’s important to work with an experienced attorney who can help you seek justice and compensation. An attorney can help you:
- Investigate the case and gather evidence.
- Build a strong legal case to support your claims.
- Negotiate with the other party’s insurance company or legal team.
- Represent you in court if a settlement cannot be reached.
At the Law Offices of Joel J. Kofsky, we are dedicated to helping seniors and their families seek justice in cases of elder abuse and neglect. Contact us today to schedule a free consultation and see how we can help you.