You may have sent your elder loved one to the hospital for short-term or long-term care because they have a critical health condition that requires professional medical attention. So you may be far beyond disappointed to find out that instead of receiving this necessary healthcare, they were actually being abused by the hospital doctors, nurses, and staff members. Because of this, their health condition may have worsened or even turned terminal. Well, if you find yourself and your loved one in this horrifying situation, please continue reading to learn how elder abuse might take place in a hospital setting and how an experienced New York City hospital negligence attorney at Mark L. Bodner, P.C. can help.
How might elder abuse take place in a hospital setting?
First of all, by definition, elder abuse is any single or repeated act, or lack thereof, that causes harm or threatens to cause harm or distress to an individual who is 60 years of age or older. Now, such acts or omission of acts may be in the form of physical, emotional, sexual, or financial abuse, or even neglect. It is very much possible for hospital staff to be the perpetrators of elder abuse during your loved one’s stay, unfortunately. More specific examples of such instances read as follows:
- A hospital doctor may physically handle your loved one aggressively and cause them severe bruising, cuts, or even sprains.
- A hospital nurse may constantly belittle your loved one in front of other patients. staff members, or family members.
- A hospital staff member may inappropriately touch your loved one without their expressed consent.
- A family member visiting your loved one may go through their belongings and steal their money.
- A hospital doctor or nurse may fail to give your loved one their prescription medications or help them with their hygienic routines.
What can I do if my elder was abused during their hospital stay?
If you have a strong reason to believe that your elder loved one was abused during their hospital stay, you may file a civil lawsuit against the negligent hospital staff on their behalf. Here, you may fight to have your loved one’s subsequent medical bills and other economic and non-economic damages compensated. Also, if undoubtedly successful, the civil court may order the defendant(s) to pay punitive damages to ensure they do not make any more elderly individuals victims of such abuse.
With this, though, you must understand that your civil case may have to wait until the alleged perpetrators undergo criminal court proceedings. This is because elder abuse may be considered a criminal offense in New York State. The criminal punishments may entail a prison sentence of up to four years; probation of up to five years; and a fine of up to $5,000.
Before entering the legal arena, you must retain the services of a skilled New York City medical malpractice attorney. Reach out to Mark L. Bodner, P.C. today.