Endangered adults are protected by both criminal statutes and civil injury laws: still there is widespread abuse of the elderly in our part of the country
Abusing senior citizens or the elderly happens all too often in Indiana and Illinois. Those over the age of sixty (60) years are vulnerable to predators who want to take advantage of them financially (exploitation), as well as abusing or neglecting the elderly in their care.
For more on the horrors of elder abuse and neglect in Indiana and Illinois, including the notorious abuses found last year at Chicago’s Wentworth Rehabilitation and Health Care Center, read our past discussions in:
- Nursing Home Injury Claims for Victims in Indiana and Illinois;
- Seeking Justice for Victims of Nursing Home Injuries in Indiana and Illinois; and
- Nursing Home Falls: Claims for Serious or Fatal Fall Injuries to Nursing Home Residents.
One in Ten Elders Are Victims of Abuse; Only 7% of Abuse Cases Being Reported
According to the National Council on Aging (NCOA), a shocking 1 in 10 Americans aged 60+ have been the victims of elder abuse (i.e., physical abuse, emotional abuse, sexual abuse, exploitation, neglect, and abandonment).
The perpetrators of this abuse can be a family member; however, victims may also be abused by staff at nursing homes, assisted living, and other facilities. Sadly, the NCOA reports only 7% ( 1 in 14) cases of elder abuse are reported to authorities.
Despite these terrifying statistics, both Indiana and Illinois have laws that require suspicions of elder abuse to be reported to the appropriate authorities. It is obvious that the reporting laws are not doing enough to protect vulnerable elders in care facilities.
Indiana Law Requires Reporting of Suspected Abuse or Neglect of the Elderly
In Indiana, state law requires anyone who suspects abuse or neglect of an elderly person to report the situation to local authorities. Specifically, IC 35-46-1-13 & IC 35-46-1-14 requires that an “emergency report” be made to the police; other situations are to be reported to either the local Adult Protective Services (APS) unit or to the APS State Hotline Number (1-800-992-6978).
The Indiana law provides civil and criminal immunity to the person making the report. These reports concern possible (1) battery; (2) neglect; or (3) exploitation of “endangered adults.”
In Indiana, an “endangered adult” is defined as someone who is:
- at least eighteen (18) years of age; and
- incapable by reason of mental illness, mental retardation, dementia, or other physical or mental incapacity of managing or directing the management of the individual’s property or providing or directing the provision of self-care.
Illinois Elder Abuse Reporting Law
Illinois also has a legal requirement to report suspected abuse of the elderly. Under the Illinois Adult Protective Services Act (320 ILCS 20/), anyone who thinks someone who is 60 years old or older is the victim of abuse, neglect, or financial exploitation is able to report their suspicions to the authorities.
This can be done anonymously. Those who file reports of suspected elder abuse or neglect in the State of Illinois are immune from civil or criminal liability as well as professional disciplinary action.
There are some individuals who are mandated with filing these reports. Those employed in providing professional services to those who are age 60 or older must report any suspicions of elder abuse, if the victim is not able to do so for himself/herself. These include:
- social workers;
- police officers and others working in law enforcement; and
- doctors, nurses, and others providing medical care.
Illinois has a 24-hour Adult Protective Services Hotline (1-866-800-1409). Reports can also be made to the Illinois Department of Public Health’s Nursing Home Complaint Hotline (1-800-252-4343) for residents who live in nursing facilities and to the Illinois Department of Healthcare and Family Services’ SLF Complaint Hotline (1-800-226-0768) for residents who live in Supportive Living Facilities (SLFs).
Personal Injury Claims for Elder Abuse and Neglect in Indiana and Illinois
For many families in our part of the country, beloved family members must have the kind of specialized medical care and treatment that cannot be provided at home and requires our elderly loved ones to live in a nursing home or residential care facility.
As much as we would like to be there, it is not possible to stay with these residents at all times. No one can monitor every single minute of the day within a nursing home or care facility, and it is not possible for family members to oversee all involvement of the staff and care providers with the residents.
While these state laws should provide some comfort that suspicions of abuse or neglect will be reported, studies show that the reporting laws do not work in the majority of neglect and abuse cases.
Illinois is first in the nation for nursing home abuse according to the Office of the Inspector General for the Department of Health and Human Services. Indiana ranks eleventh (11th) in the country.
For the full report and other details on how pervasive elder abuse is here, read “Illinois and Indiana: High Risk of Nursing Home Injuries from Abuse or Neglect.”
Accordingly, it is vital that anyone who suspects their elderly loved one is a victim of nursing home abuse or neglect to come forward, seeking justice on their behalf.
Personal injury claims based upon nursing home abuse or neglect can be filed in Indiana and Illinois on behalf of the victim, seeking damages based upon negligence, negligent supervision, medical malpractice, and more.
If you or a loved one suspects someone is a victim of nursing home abuse or neglect, then reporting your suspicions to the proper authorities is a good thing to do. It is also important to investigate private causes of action that provide damages and recompense to these victims who are among the most vulnerable members of our society.
Claims can be filed on their behalf against those responsible for what has happened. Please let’s be careful out there!
