How are acts of abuse, neglect or exploitation by a nursing home addressed in legal proceedings?
An act of abuse, neglect or exploitation of an older person might give rise to one or all of the following proceedings: 1) an investigation and finding by an adult protective services agency; 2) a civil cause of action for damages (a lawsuit); and/or, 3) a criminal prosecution. These proceedings have different objectives: the objective of a protective services investigation is to provide immediate help and relief to the victim and prevent further harm; the goal of a civil action (lawsuit) is to remedy damages; and the criminal prosecution is meant to punish the harmful conduct.
