Neglect or abuse of the elderly – dealing with negligence and harm to the elderly in nursing care
Elder abuse or neglect by nursing care workers is one of the most horrific situations imaginable. Unfortunately, this phenomenon exists in Israel, and it is important to know how to deal with it. It is sometimes possible to file lawsuits against the nursing workers and the nursing companies that employ them, for negligence, assault, abuse of the helpless and other causes. In this article, attorney Michael Decker, a partner in our firm and an expert in tort law, explains this issue in detail.
Our law office, with branches in Jerusalem and Tel Aviv, specializes in tort law and medical malpractice. Our attorneys have extensive experience in representing clients in legal proceedings for medical malpractice, while providing comprehensive legal support adapted to the circumstances of each case, and in collaboration with leading medical experts. The services provided by our office include legal advice and representation on various issues in tort law, insurance law and civil law.
Abuse of the elderly and cases of neglect by nursing care workers – a widespread and worrisome phenomenon
We entrust nursing care workers with the care of our most beloved – the elderly or those with disabilities who are unable to perform routine daily activities. We expect the caretakers to look out for their patients and watch over them closely. Unfortunately, we often witness cases of elder abuse and neglect by nursing care workers. In recent years, horrific news items have been published about cases of abuse and neglect in nursing care, and the dimensions of the issue have even come up for discussion in the Knesset in order to examine ways to deal with it. The question arises as to what options are available to families who suspect abuse or neglect of their loved ones. We investigate this question in detail below.
How can you detect signs of neglect or abuse of the elderly?
There are quite a few signs that should arouse a family’s suspicion that their loved ones may be suffering neglect or abuse. These signs may be evident on the patients themselves. If you have noticed, for example, changes in the behavior of older relatives, which may indicate that they are suffering from anxiety, excessive fatigue or changes in mood – these are definitely signs that a thorough evaluation is required. The same goes for signs of neglect in the patient’s home, or signs that are evident from the nursing care workers themselves – distancing themselves from the patient, leaving them alone for a long time, etc. In the presence of these signs, it is important to investigate in depth to find out whether there is indeed negligence or worse, neglect and abuse of the helpless. It should be noted that suspicions should be investigated in a manner that avoids taking actions that constitute eavesdropping or violation of privacy. If you have such suspicions, it is highly recommended to contact an attorney specializing in tort and civil law when you first begin to suspect something, in order to make sure that you are conducting the investigation according to the law.
What can be done if there is indeed neglect or abuse of the elderly by the nursing staff?
If your suspicions have been confirmed and you have indeed found evidence that abuse or neglect is taking place, there are several legal avenues that can be taken. In cases where it is alleged that the abuse of a helpless person is of a criminal nature (that is, one that meets the definition of the offense of abuse of a helpless person according to the Penal Code), it is possible to file a complaint with the police, which may lead to prosecution of the nursing care workers. If the caregivers are indeed convicted on this charge, it is possible to make use of the verdict in filing a civil compensation claim against them.
Another avenue that can be taken is to file a tort claim against the nursing care provider, and sometimes also against the nursing company that employs them. For example, in 2017, the Magistrate’s Court in Tel Aviv-Jaffa ruled in a lawsuit against a foreign nursing worker and the nursing company where he was employed. The ruling dealt with the tragic death of an elderly man who was left alone by the nursing care worker for a short time, while the elderly man smoked a cigarette. During this period of time, the elderly man was burned (apparently from a fire caused by the cigarette) and as a result he was admitted to the hospital. After 3 weeks he died of his wounds. In this case, the court ruled that although the nursing company is not responsible for the case, the nursing care provider was negligent in leaving the patient unattended. Accordingly, it was ruled that he must pay high compensation to the deceased’s family, in the amount of 220,000 NIS.
Summary
Above we have explained in detail the legal ways to deal with cases of neglect or abuse of the elderly in the context of nursing care. The choice of what legal action to take against nursing care malpractice depends on the individual circumstances of the case. Given that these are sensitive and complex matters, it is important to consult about them as early as possible with an attorney specializing in tort law and medical malpractice.
Neglect or abuse of the elderly – contact an attorney specializing in medical malpractice and tort law
If you require assistance with any question or issue, our office is at your service. Our attorneys provide comprehensive and professional assistance in matters of medical and nursing malpractice. To arrange a consultation with an expert in tort law from our office, in Jerusalem and Tel Aviv, you can contact us at the phone numbers and e-mail address below.
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