PacisLexis Family Law

Nursing home abuse and elder neglect lawyer

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Elderly abuse and neglect overview

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Elderly abuse and neglect situations

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Recognising elder abuse

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Safeguarding elderly abuse and neglect

PacisLexis Family Law

Nursing home abuse & elder neglect lawyer

Nursing home and elder abuse statistics in France for 2022 shows that 1 in 6 older adults (over 60s) has already experienced abuse and the numbers are on the rise.

Elderly abuse and neglect can take many forms. Nursing home abuse can have devastating emotional, physical and financial effects on older individuals.

Very often, nursing home and elder abuse happen in long-term care or other care facilities but also within their home.

Elderly abuse and neglect can have serious consequences such as depression, anxiety, physical harm, mental-health issues, fraud, intimidation, coercion, premature death and recovering can take ages.

Nursing home and elder abuse must be taken seriously.

Our law firm is regularly facing cases related to nursing home and elder abuse.

We can arrange an appointment within 48 hours either by a phone call or video chat.

Nursing home abuse and elder neglect lawyer

Elderly abuse and neglect overview

Types of abuse and neglect

Elderly abuse and neglect can take many forms:

  • Physical abuse: hitting, slapping, pushing …
  • Psychological abuse: includes humiliation, blaming, verbal abuse…
  • Sexual abuse : includes rapes, inappropriate touching..
  • Financial abuse: includes being defrauded or scammed, being put under pressure …
  • Medical abuse: misuse of medication, failing to provide access to appropriate health or care support, withholding medication…
  • Organisational abuse: withdrawing IDs, forced to stay at home…
What is neglect?

This happens when an individual (also perpetrator) deliberately withholds or fails to provide care and support.

Is there abuse or neglect because of a lack of knowledge or awareness?

Yes!

Elder abuse includes actions intending the harming without intend.

This abuse is qualified as unintentional harm in France.

Where abuse and neglect can happen?

Abuse and neglect can happen in many places.

However, the most common places are:

  • In the home
  • Residential care
  • Nursing homes and hospitals
Who is involved in abuse and neglect?

It depends!

It can involve care family, relatives, care workers…

Nursing home abuse and elder neglect lawyer

Elderly abuse and neglect overview:… Next

What are the main risk factors?

It depends!

Elderly abuse and neglect can be intentional or unintentional.

When the abuse is related to care workers, the factors can be:

  • Management issues
  • Caregivers lack of knowledge
  • Lack of staff among caregivers
  • Caregiver burden or stress
  • Caregivers lack of training

When the abuse is related to family members, the factors can be:

  • Inadequate home
  • Lack of knowledge regarding health care and medication
  • Lack of training
  • Family members burden or stress
Older people abuse during the coronavirus crisis

Coronavirus (COVID-19) outbreak made the situation worse for many at-risk older people and abuse and neglect data has hugely increased.

Does violence against nurses and care workers from older people exist?

Yes!

Violence against nurses and healthcare staff from older people exist. Nursing staff goes into work to care for older people and stay with them on a daily basis.

A caregiver can be abused or threatened.

Nursing home abuse and elder neglect lawyer

Elderly abuse and neglect situations

I’m suspected my grandmother to be abused. How can I tell if she’s being abused if she is not talking about it?

It depends!

Elder abuse can be hidden. They may cover up the signs due to fear or might be unaware of what is happening or because they feel ashamed.

My older mother must often go to A&E. Can I tell she’s being abused?

Yes!

If your older mother must often go to A&E because of unexplained injuries such as broken bones, sprains, unexplained accidents, it can be a sign of abuse.

My grandfather has lots of bruises, can I tell he’s being abused?

Yes!

If your grandfather has bruises all over his body, burns, cuts or scratches, it can be a sign of physical abuse.

My older aunt living in an elderly care home is suffering from broken bones. Can I tell she’s being abused?

Yes!

If your older aunt is regularly suffering from broken bones, it can be a sign of abuse.

The abuse can come from the staff if she’s in an elderly care home.

Nursing home abuse and elder neglect lawyer

Elderly abuse and neglect situations:… Next

My neighbour has burns all over his body. Can I tell that he’s being abused by his closest relatives?

Yes!

It can be a sign of abuse.

My grandmother, in a nursing home, is now listlessness and doesn’t talk to us when we come and see her. Can we tell she’s being abused?

Signs of social abuse include:

  • Preventing contact with family and friends
  • Withdrawal or listlessness
  • Fear and anxiety
  • Avoiding talks

It may be a sign of abuse from the nursing home especially if it’s a brutal change in her behaviour.

My granduncle living with his brother who takes care of him is highly depressed. Can I tell he’s being abused?

Yes!

It may be a sign of abuse. The abuse could be perpetrated by your granduncle’s brother as he lives with him on a daily basis.

When I visit my grandfather in a nursing home, I have noticed his room and bathroom are very dirty. Can I tell he’s being abused?

Yes!
It can be a sign of abuse if you’ve noticed that his room and other facilities are very dirty or not adapted to his needs.

Nursing home abuse and elder neglect lawyer

Recognising elder abuse

I suspect my grandmother to be emotionally abused. How can I tell she’s being abused?

Psychological abuse includes:

  • Poor self-esteem
  • Anxiety
  • Insomnia
  • Paranoia

Psychological abuse can have serious consequences on the individual.

My grandfather seems to be financially and economically abused. Can he go bankrupt?

Yes!

Things to look out for include inability to pay bills, having money or property stolen, unexplained or unexpected changes in a will.

The perpetrator is looking to get money from your grandfather and they are doing everything in their power to get hold of his assets.

My granduncle has been physically abused by his brother. Can my granduncle recover?

It’s difficult to tell!

Following abuse and neglect, your granduncle can have some health issues such as pains, broken bones, mobility loss…

He can also have mental health issues such as loss of memory, loss of coercion, anxiety…

My grandmother died after being abused at a care home. Can I tell abuse and neglect contributed to her death?

It depends!

Your grandmother’s death can be due to health issues. However, her death can also be linked to a range of neglect at her care home.

Indeed, premature death can be a consequence of elderly abuse and neglect.

I have concerns about an old closed relative. He has suicide thoughts. Can I tell it’s a consequence of abuse and neglect?

Yes!
Abuse and neglect leave the individual traumatised. Following abuse and neglect suicidal thoughts are a common factor.

What are the consequences on closest relatives after an old family member has been abused?

It depends!

Seeing an old family member being abused can be tough especially if it’s your father, grandmother etc…

Recovering from abuse and neglect can be expensive and the individual may need special treatments and care.

Nursing home abuse and elder neglect lawyer

Safeguarding elderly abuse and neglect

I witnessed abuse and neglect, but I didn’t do anything to help the individual. Shall I report it?

Yes!

Witnessing abuse and neglect and not reporting it can be considered as abuse too. It’s essential to report any concerns to a local authority.

I’m an elderly person and a victim of physical abuse, shall I report it to the police?

Yes!

If you’re physically abused you must report it to the police.

The French civil law article states that it’s 10-year imprisonment and a fine of €15k for abuse and neglect resulting in a permanent disability.

The French law code also states that abuse and neglect can lead to 15 years imprisonment if the victim is unable to make a decision because they are being coerced by the abuser or subject to undue influence or the person doesn’t have the mental capacity.

I’m over 60 and being mentally abused. Shall I report it?

Yes!

You can report it to your local authority such as the Gendarmerie in France or the police where you live.

However, getting ready mentally and legally to report it is essential.

We strongly advise you to go to the Gendarmerie or Police with a family law lawyer. Indeed, in France, you probably won’t get what you expect from reporting the abuse and neglect.

I’m a care worker in a care home and witnessed abuse on a resident. What shall I do?

You must report any concerns to your local authority which is the ‘préfet’ in France.

The ‘préfet’ in France is managing the ‘préfecture’ and the ‘préfecture’ is the place to go for domestic matters for instance.

How can I contact the ‘préfecture’ in France?

You can:

  • Go directly to the ‘préfecture’
  • By phone
  • By email
  • Send a letter

Nursing home abuse and elder neglect lawyer

Safeguarding elderly abuse and neglect:… Next

Does safeguarding can be classified as criminal offence?

No!

In France you can’t be charged with criminal offence by simply reporting your concerns.

In France, I witnessed abuse and neglect in a nursing home where I work. What shall I do?

You must report it. In this situation, you must report it to your county health services.

How can I contact my county health services (agence régionale de santé in French)?

To report abuse and neglect you can either:

  • Go to your county health services
  • Follow the step-by-step guide on their website
Does a care worker who reported the abuse can be punished?

No!

You cannot be charged or punished by reporting abuse and neglect.

In France, is there a special phone number to report abuse and neglect?

Yes!
If you witness or are a victim of abuse and neglect, you should call the 3977.

Can I face legal sanctions if I don’t report elderly abuse?

Yes!

Not reporting abuse can lead to 3 years imprisonment and a €45K fine.

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PacisLexis Family Law

You want to learn more about nursing home abuse and elder neglect?

If you are a victim of abuse or a witness, don’t hesitate to reach out to our firm for the support and justice you deserve. Contact us today!

Stand up against abuse—whether you’re a victim or a witness, our firm is here to help you. Get in touch with us now!

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