Elderly Neglect

[sarahd22]

Hello,

I have a question about elderly neglect. What are the consequences (fines, charges, court, etc.) if someone is charged with neglect. For instance, if a CNA does not change a brief in a acceptable amount of time therefore, is charged with neglect. I have been thinking about this a lot recently and would like to be more educated.

Thank you!

[mvm2]

We are not suppose to discuss legal matters you might be able to find some answers goggling or talk to a legal advisor

[enuf_already]

If it is violating a facility policy of not changing a resident, then likely the facility policies would apply.

If the facility reported this as elder neglect/abuse (a crime, at least in my state), the punishment, if found guilty, would fall on the courts and the body that governs your certification in your state.

The elderly are considered a vulnerable population. If you, or someone you know are not following facility policy, there better be a good reason. If you find yourself being accused of elder neglect or abuse, you need an attorney and not a message board.

[MunoRN, RN]

There are no specific answers to your questions as it varies by state and severity, in general you should avoid being the subject of such charges. Elder neglect requires that the neglect be clearly beyond common practice, and unfortunately some degree of what could be called neglect is prevalent enough that it makes not definable as neglect. In my experience elder abuse is actually a more common charge for patient care personnel. I've known of two nurses who faced jailtime for refusing to give a patient water (they thought they were justified since the patient had an order for a fluid restriction).