How can acts of abuse or neglect by a nursing home be 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 types of proceeding: 1) an investigation and finding by an adult protective services agency; 2) a civil cause of action for damages; 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 civil action is to redress damages; and the criminal prosecution is to punish the harmful conduct.
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.
