Since the COVID-19 pandemic, elder neglect accusations have skyrocketed in the U.S. These accusations can have a long-lasting personal and professional impact, upheaving family stability, halting careers, and bringing turmoil to daily life.
If you're a professional licensed healthcare worker, being accused of elder neglect can throw everything into disarray. If you are a family member or friend of an elder, perhaps embroiled in stressful family dynamics, accusations of elder neglect could be a threat you are experiencing.
Nurses, physicians, physical therapists, social workers, and licensed counselors all risk disciplinary action, job loss, and even criminal charges. Whether you work in a hospital, nursing home, or home care, or are a loved one caring for an elderly person, protecting your reputation and career is critical when facing these serious allegations.
The Lento Law Firm in New Jersey can help. We know there are two sides to every story and we want to hear yours. Contact us here or at 888.535.3686.
Elder Neglect: The Whole Picture
Elder abuse is a serious issue, and it takes many forms—physical abuse, emotional harm, financial exploitation, and more. Anything that causes harm or puts an elderly person at risk can fall under this umbrella. You might think of bruises from physical abuse or someone taking advantage of an elderly person's money, but there's more to it than that. Abuse can include manipulating someone or putting them down.
But not all abuse is intentional. That's where elder neglect comes in.
Neglect is when a caregiver doesn't meet the basic needs of someone who depends on them. That means not providing enough food, skipping meds, or not getting them to a doctor when they need care.
How Burnout, Confusion, and Family Disputes Lead to Trouble
Neglect is not intentional, but it can still cause a lot of problems. Here are a few examples:
-
The Overworked Nurse
A nurse at a long-term care facility is stretched way too thin. She's busy with medicine, food, and paperwork. One night, she forgets to help one of her patients put on their special socks that help with swelling. It doesn't seem like a big deal, but later, the person's legs start swelling up. Now, the nurse is being accused of neglect, even though it was just part of being understaffed. -
The Family Caregiver's Misstep
An adult son takes on caregiving for his mother after her stroke. Balancing his full-time job and her needs is exhausting. One week, he misses scheduling a follow-up doctor's appointment for her high blood pressure, resulting in complications. A concerned neighbor reports neglect. -
The Misunderstood Housekeeper
A part-time home health aide, hired to assist with basic cleaning and errands, is accused by the elderly woman's daughter of not providing proper care. The aide had no training in caregiving and didn't realize she was expected to monitor the client's food and water intake. -
The Medication Mix-Up
A caregiver for a man with dementia relies on a pill organizer to manage the medications. However, one day, the pills are mistakenly placed in the wrong compartments. The man misses his doses, and when a family member discovers it, they accuse the caregiver of neglect. The caregiver explains that it was an honest error in a demanding role where mistakes sometimes happen. -
The Unfair Accusation
A nursing home resident's daughter accuses a staff member of neglect because her father developed a pressure sore. What she doesn't know is that the staff had documented his refusal to reposition himself despite multiple attempts. The staff member did everything by the book but finds herself facing claims of neglect due to circumstances beyond her control. - Heir vs. Caregiver Conflict An Adult child who lives out of state accuses a caregiver of neglecting their parent, alleging malnutrition and lack of proper hygiene. The caregiver, a licensed nurse, has been following the care plan created with the parent's consent, but the accusing child alleges neglect because they believe the caregiver is influencing the elderly parent's estate decisions.
For licensed professionals, these accusations carry great weight. Beyond personal implications, they can impact your career, potentially putting your professional license and livelihood at risk.
When Family Dynamics Fuel Accusations
Sometimes, as in the example above, elder neglect accusations have less to do with actual care and more to do with family dynamics. In families where tensions run high—maybe there's a history of sibling rivalry, or someone feels left out of decision-making—jealousy and resentment can bubble over. One family member might accuse another of neglect, not because of what's actually happening, but as a way to gain control or settle old grudges. Unfortunately, this negativity can spill over to healthcare workers in the form of accusations.
If there's an inheritance involved and greed, things can become really nasty. Family politics can make an already messy situation even messier, and healthcare workers can be caught in the line of fire.
Elder Neglect and the Professional License: A Career at Risk
Adult Protective Services in New Jersey investigates complaints of elder neglect. If someone accuses a nurse, physical therapist, or other licensed caregiver of neglect or mistreatment, the licensing boards in charge might also investigate. The boards take these accusations very seriously. Even if the claims aren't true, a healthcare professional can face big consequences.
A bad record means losing your job or even your license to work. On top of that, if the situation is really serious, you might face criminal charges, too. This means you could end up dealing with both professional and legal consequences, making it a lot harder to protect your job and their future.
This double jeopardy—facing both professional and criminal consequences—can leave you scrambling, trying to protect your career and your future.
Then there's the threat of a Restraining Order (RO). You're already facing the possibility of losing your job, but now you may be dealing with restrictions on your personal life, too. The emotional and logistical strain of navigating an RO, alongside elder neglect charges, can be overwhelming.
If you find yourself facing accusations of elder neglect, you'll want an experienced attorney who knows professional license defense to protect your livelihood. The Lento Law Firm defends healthcare professionals, helping them navigate the complexities of both professional board investigations and criminal charges.
The Role of a Restraining Order (RO) in Elder Neglect Claims
An RO is issued in domestic situations to prevent someone from harming or harassing another individual. When it comes to elder neglect, an RO can be issued if a person believes that you have abused or neglected an elderly individual. It's not just a legal headache—it can affect your personal freedom and ability to work.
It limits your contact with the elderly, which might affect your ability to work in certain environments or even prevent you from being around family members.
Depending on your relationship with the elderly person—whether you're a caregiver, a family member, or even a neighbor—this legal order could have a drastic impact on your life, professional and personal.
At the Lento Law Firm, we understand the gravity of elder neglect charges and the potential impact of an RO. We're here to guide you and fight for your rights every step of the way.
The Aftermath of Elder Neglect Charges: Beyond the Courtroom
Even if you're cleared of charges, the consequences of an elder neglect accusation don't always disappear. A serious investigation into your conduct can leave a lasting stain on your professional reputation. For healthcare workers, the mere accusation can lead to career difficulties, even if the case is eventually dropped.
If the case doesn't go your way, you might face criminal charges, hefty fines, or time in prison. Even worse, a conviction could lead to the permanent loss of your professional license and the inability to ever work in your field again.
For family caregivers, elder neglect charges can also lead to the severing of relationships, financial burdens from legal fees, and emotional strain that affects mental health and family dynamics.
Accusations Threatening Your License or Reputation? Call the Lento Law Firm Now
If you're accused of elder neglect—whether you're a healthcare worker or a family member—the consequences can be tough to deal with. It's a tricky situation that needs someone who knows both criminal law and how to defend your professional license, if applicable. The good news is that you don't have to handle this alone.
The Lento Law Firm is here to support you. We'll help you protect your job and reputation. We will also fight any restraining orders that might come your way. If you're facing these tough charges, don't wait—let the Lento Law Firm Criminal Defense Team step in and fight for you. Contact us here or at 888.535.3686.
