Elder Abuse

In 2004, 36.3 million Americans were over age 65. By 2050, that number is expected to grow to 86.7 million, or 21% of our total population. Of those, 1 to 2 million have reported abuse or neglect. However, studies published by the National Center on Elder Abuse indicate that only 1 in 14 incidents are actually reported. In addition, as many as 5 million older Americans are victims of financial exploitation. The same studies estimate only 1 in 25 exploitation cases are reported.

60% of elder abuse and neglect incidents are by known perpetrators, usually family members. 30% of those are spouses or intimate partners, 17% are adult children. Seniors aged 80 years and older are abused and neglected 2 - 3 times more frequently than citizens aged 65-79. The law requires workers in medicine, law enforcement, and social services to report suspected cases of abuse. Elder abuse accounts for nearly 70% of Adult Protective Service agencies' annual caseloads. 16.3% of all reports came from physicians or health care professionals 21.7% from service providers, 13.7% from family members. A 1998 study by the National Center on Elder Abuse shows the prevalence of types of abuse. These numbers are based on the year's 115,110 substantiated cases.

  • Neglect 48.7%
  • Emotional abuse 35.4%
  • Financial exploitation 30.2%
  • Physical abuse 25.6%
  • Abandonment 3.6%
  • Unknown 1.4%
  • Sexual abuse .3%

National Center on Elder Abuse, 1998 The National Elder Abuse Incidence Study: Final Report Washington, DC: Administration for Children and Families & Administration on Aging, US Department of Health and Human Services

Elder abuse is any action that harms or risks harm to a vulnerable adult. Abuse comes in many different forms, including:

  • Physical Abuse — causing pain or injury by physical force. Physical abuse could be through violence such as beating, striking, pinching, or inappropriate drug use, restraint, force-feeding and physical punishment.
  • Sexual abuse — any kind of non-consensual sexual contact, including contact with people who are incapable of consenting. Sexual abuse includes forced nudity, rape, sodomy, sexual assault, and explicit photographing.
  • Emotional abuse — inflicting pain or distress through verbal and non-verbal acts such as insults, humiliation, threats, and harassment. Emotional abuse can also come from treating elderly people like infants, isolating them from their families or social activities, and giving them the "silent treatment."
  • Neglect — usually occurs when a person is denied basic necessities like food, water, medication, personal hygiene or safety. However, neglect can also occur when caregivers fail to carry out their fiduciary duties to pay for necessary home care services or provide such services at all.
  • Abandonment — occurs an elderly person is deserted by their caregiver or other person with physical custody.
  • Willful deprivation — willful denial of an older person of medical care, medication, food, shelter, physical assistance, or use of a therapeutic device, — except when the individual seeks to forego such treatment.
  • Financial exploitation — the misuse or illegal use of an elder's assets, property, or finances. Methods of exploitation include cashing checks without authorization, forging signatures, stealing money, coercing or deceiving an elder into signing a document such as a contract or will, or improper use of a power of attorney or other authority.

 

Physical signs of abuse and neglect include scrapes and bruises, broken bones, pressure marks, bed sores, unusual weight loss, and poor hygiene. Emotional signs are unexplained withdrawal from social activities, depression, or sudden changes in alertness.

If you think you have a case, please contact us as soon as possible to evaluate your claim. Our firm has handled cases in Cook, DuPage, Kane, Lake, and other surrounding Illinois counties. Every claim has a statute of limitations, which will bar the case if not filed before it expires. Therefore, prompt attention is required in order to best insure that you receive just compensation for your injuries. If our firm cannot represent you, likely we can direct you to a firm who will properly handle the matter or we will explain, in as much detail as necessary, why we cannot assist you or refer your matter elsewhere.The information provided on this website does not constitute legal advice nor does it constitute an attorney client agreement. You are not considered a client until we have accepted your case and a retainer agreement is signed. Please read our full disclaimer.

Lawyers Who Win

[An MSU article featuring Craig Manchik]

Craig Manchik, ’94, managing partner in the Chicago-based firm of Manchik & Romaker, has been arguing his position since he was a child. Manchik recently won a jury verdict of more than $1.1 million on a difficult liability case against an Illinois municipality and its police officers. He agrees that you win cases by doing a thorough and complete investigation that includes lining up appropriate experts early so they can advise you in discovery.

Manchik’s firm concentrates on medical malpractice, nursing home negligence, catastrophic personal injury and wrongful death cases. To him, successful litigation hinges on the ability to be a good listener. Manchik believes “you must be in a position to feel your client’s pain. You must bring forth the passion necessary to convince a jury of the wrongs that have been done to the client. If you can do that, you have a good start.”

Read the full article...

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