What Constitutes Elder Abuse In Alabama?

For many people, elders are valued members of the family, whether they reside in their own home or in assisted living or a nursing home. The idea of anyone doing harm to them is abhorrent, but sadly, it can happen, particularly in long-term care facilities. It can sometimes be readily apparent, but sometimes it is difficult to determine whether abuse has actually occurred, not least of all because the alleged victim can feel deep shame about what has happened.

In such a potentially delicate situation, enlisting a Birmingham elder abuse attorney from Goldasich, Vick & Fulk can help to clarify matters. Determining whether or not to press charges can be a difficult decision, but if the unthinkable has happened, we can help give your family the best chance at justice.

Broad Definition Of ‘Abuse’ & Neglect

When someone speaks of abuse, most people think of physical harm only, but Alabama’s laws on elder abuse explicitly include other behaviors. The statutory definition of elder abuse in the first degree is “intentionally abus[ing] or neglect[ing] any elderly person” where the abuse or neglect is the direct cause of serious injury. Less serious harm may give rise to a second or third-degree charge.

It is notable that the terms “abuse” and “neglect” are not specifically defined, but this can often allow the court a degree of leeway in terms of determining both civil liability and criminal guilt. Any intentional action that causes injury may fall under the umbrella, from failing to prevent bedsores to financial exploitation to sexual assault, and because of this, it is often easier for families to file suit or press criminal charges against the person or people responsible.

Residents Have Rights

One important fact that many families may not be aware of is that Alabama is one of the states which explicitly grants a ‘residents’ bill of rights’ to those in nursing homes and long-term care facilities. There are several listed in the relevant statute, but specifically, the right to be free from abuse and neglect is explicitly stated. If a facility has violated any of them, it is immediate grounds for a negligence claim.

It is also a good idea to keep in mind that many professionals are in fact mandated reporters; a ‘willful failure’ to report elder abuse is a misdemeanor, and in some cases, this may be evidence of what is known as negligence per se. Negligence per se occurs when a defendant breaks a law designed to protect a certain class of people by injuring a member of that class. If this can be established in court, it can save time and trouble at trial.

We Are Here To Help

The news that a beloved family member has potentially experienced abuse can be horrific, but you and your loved ones are not without recourse. A Birmingham elder abuse attorney from Goldasich, Vick & Fulk is ready and willing to try and get your family the closure you deserve. Contact our office today at (205) 731-2566 to schedule a consultation.

Source:

law.cornell.edu/regulations/alabama/Ala-Admin-Code-r-420-5-10-.05