In general, all state laws geared towards the protection of older people have systems used to investigate abuse cases. Adults who are victims of abuse, exploitation and neglect are entitled for a civil action lawsuit in some states. However, neglect and abuse of older people are usually considered as crimes by most of the country’s states.

Abuse, Neglect and Exploitation

First of all, the general definitions of abuse may vary from state to state. Several states, for instance, classify actions that cause psychological injury, emotional torment and suffering as abuse. Moreover, these actions may also broaden the spectrum of definition of abuse through the inclusion of a wider variety of acts, e.g. verbal insults, demeaning acts and others that can instill fear and pain. Isolation and confinement can also be considered as abuse.

Neglect, on the other hand, usually affects nursing home residents. Negligence on the part of the professionals can be described as actions that cause deprivation of the basic necessities needed by an older person that would otherwise result in endangerment and injury if not administered.

Lastly, when caregivers take advantage of the older person is an act of exploitation. Some instances of exploitation are better expressed through the following examples:

• Forcing the older person to perform sexual acts without consent.
• Wrongfully taking money or property from the older person.
• Forcing the older person to perform services that would benefit the caregiver.

Protection Services

A criminal or civil action against a nursing home facility or professional usually begins after an incident of elderly abuse, neglect or exploitation is reported. It is important to report such cases under the protective agencies of the states. This is an important part of the process since upon  commencement of the investigation and if abuse is indeed proven, the agencies are required to provide help and solutions to prevent the incident from happening again.

Since each state generally reacts to an elderly abuse report differently, following the mandated regulations when reporting is necessary. The protective agency will also provide further assistance to the victim through therapy, medical help, financial assistance and transfer to another facility.

Civil Actions

There are certain regulations governing civil actions created to allow the victims to bring forth the suit to the perpetrators of the crime. Civil action results are usually damage awards though authorization of injunctions or orders to immediately assist the victim to recover from the abuse is also possible.

There are also Medicaid funds available to help victims in need of financial assistance. To be eligible for such help, the facility must qualify as a skilled nursing facility. Moreover, the facility must also meet the federal, statutory and regulatory prerequisites. The facility must also follow the “Residents Bill of Rights”, which states that the residents have the right not to be abused physically, emotionally, verbally or sexually while under the care of the long-term facility.