How to Establish an Elder Abuse Case after Death – Part 2

In the first part of this series, we learned how to navigate this unfortunate situation. We have established that once a victim has passed away, the first step to determine that they were a victim of abuse is to identify the type of abuse that was perpetrated against them.

It is conceivable that medical records and autopsies will provide the most convincing evidence of the victim having been subjected to physical abuse. At the same time, reviewing financial records and performing interviews with witnesses may prove to be more beneficial if you suspect that a loved one of yours is being abused emotionally or financially.

Read on to learn more.

Elder Abuse: Neglect, Physical, Sexual

Scars can be seen in someone who has been abused in any way, whether it be physically, sexually, or through negligence. This indicates the presence of injuries such as bruises, cuts, and scrapes, in addition to trauma such as fractured or bones that are only partially recovered.

The findings of autopsies may reveal instances of physical abuse, such as neglect or violence, which may have occurred in the past.

In medical documents and autopsies, signs of neglect can be discovered, such as the presence of malnutrition, dehydration, and open skin lesions that have been neglected for a period of time.

An autopsy may seem extreme, but it is actually a common method used in nursing homes to discover evidence of abuse and negligence.  On the other hand, the report of the postmortem examination might throw doubt on your contention that the decedent’s death was an unjust death.

Investigations into the deaths of elderly people frequently resulted in the diagnosis of neglect being made post-mortem based on a combination of scene investigations, scant circumstantial evidence, and autopsy findings. This diagnosis was typically made on the basis of the circumstances surrounding the death of the elderly person.

Elder Abuse: Financial

Abuse of elderly people can be demonstrated after the person has passed away, whether the abuse is physical or financial.

Physical injuries such as bruises and lacerations, as well as financial offenses such as fraud and exploitation, can both be indicators of more severe elder abuse.

In the event that there has been improper use of financial resources, it is imperative to conduct a review of the relevant financial records in order to search for out-of-the-ordinary transactions involving expenditures, disbursements, investments, and the trading of assets.

Gathering Strong Evidence for Elder Abuse

1. The Autopsy

It would be ideal to conduct a postmortem exam or an autopsy that concentrates on cases of physical abuse. Autopsies, in the vast majority of cases, turn up evidence of sexual abuse, physical abuse, and/or carelessness.

In order to establish certain types of abuse, an individual is required as evidence. The most convincing evidence of any form of abuse, be it physical, sexual, or inattentive, can be obtained from a postmortem.

2. The Medical Documents

Medical paperwork can disclose elder maltreatment.  From an individual’s medical history, one can infer their current state of health on all three levels (physical, emotional, and mental).

3. The Financial Transaction Records

If you have any reason to suspect that someone has misused their financial resources, one excellent place to begin investigating this possibility is by reviewing their financial records, which may include bank accounts, withdrawal histories, asset transfers, line of credit openings, and bill payments made throughout their lifetime.

Abuse of the elderly can be proven even after the sufferer has passed on if proper documentation is kept. By analyzing the individual’s medical and financial history, it is possible to determine whether or not the person has been mistreated, even if they are not present for the investigation.

Conclusion

It can be challenging to provide evidence of senior abuse after a loved one has passed away, particularly if the victim was a family member.  There are many stages involved in the process of identifying abuse in data, both financial and medical, and each one calls for specialized knowledge. As such, this task requires an eye that has been educated and trained specifically for the task.

Are you looking for top lawyers in Phoenix? Bossie, Reilly, & Oh is a professional legal team that can handle cases related to senior neglect and abuse. With us, your loved ones are safe and protected. Contact us today!