Guide for Aged Care Abuse and Negligence


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In the twilight years of life, we expect peace and dignity. Tragically, abuse and negligence are persistent issues in the landscape of aged care in Victoria. According to the National Ageing Research Institute (NARI), the vast majority of instances of abuse in aged care go unreported but the few that do call the elder abuse hotline of Senior Rights Victoria still amount to hundreds of calls per year (NARI, 2020). Victims of abuse and their loved ones must be aware of the legal avenues for support and aged care or nursing home abuse compensation they may be entitled to.

Generally speaking, the NARI categorises elder abuse into 6 categories: Psychological, financial, physical, social, neglect and sexual. If you or someone you know is currently being physically abused in aged care we recommend calling 000 or the Elder
Abuse Help Line at 1300 651 192 for immediate advice, if you believe you or someone else is currently or has been the victim of neglect read on to discover what compensation may be available.

Neglect and the Elderly

What exactly constitutes neglect in an aged care (institutional abuse) context? In both community settings and in institutions such as hospitals, aged care facilities, or nursing homes, abuse by neglect describes either intentionally or unintentionally failing to provide the elderly person in question with the necessities of life. This type of abuse is particularly relevant from a legal standpoint as it includes, amongst other things, the all-too-common occurrence of medical negligence in health care settings.

Examples of Medical Aged Care Negligence

Hospital operators, doctors, nursing staff, and workers in aged care facilities are all responsible for the health and well-being of the elderly in their care. Consequently, these professionals command a lot of trust and respect from their patients and loved ones, which is why it’s all the more devastating when their failure to provide the care, diagnoses, and/or advice an elderly person is entitled to results in physical, psychological, or financial harm, and even in some instances death. In these instances of malpractice or negligence the victim or family of the victim may be entitled to claim compensation. 

How Carbone Can Help

Confronting aged care abuse or negligence is a journey filled with complicated emotions and legal complexity. From knowing compensation entitlements and claim processes to proving negligence, Carbone Lawyers, with our expertise, empathy, and commitment to getting clients the outcomes they deserve, stand ready to guide you through. 

If you’re considering your options, facing legal challenges or are dissatisfied with current representation, our No Win, No Fee policy ensures accessibility to justice with no upfront fees in most cases. Reach out to us at 1800 369 888 or start your free claim assessment online.

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