Personal Injury Claims Involving Elder Abuse

Elderly members of our community aged 65 and over represent 17% of the population in Ontario and are a demographic that is vulnerable to personal injury as a result of abuse and negligence.[1]

Elder abuse can be physical, sexual, financial and emotional, which unfortunately often goes unnoticed and unreported. According to the WHO statistics, only 1 in 24 cases of elder abuse is reported, with the majority of cases taking place in elderly living communities.[2]

Examples of abusive behavior include isolating the person, blaming them for the abuse, treating them like a child, taking ownership of their money and resources without consent, or neglecting their physiological and psychological needs.

Elder abuse is a public health issue that is treated seriously by courts in Ontario. In 2018, the Brampton Superior Court of Justice found a Mississauga seniors’ home negligent in death by strangulation of an elderly woman in their care, whose neck had become trapped between the mattress and a medical device improperly installed beside the woman’s bed. A jury awarded $640,000 to the woman’s family and $25,000 in punitive damages against the seniors’ home. [3]

Some forms of abuse can be prevented by taking notice of early warning signs, which include but are not limited to:

• Social withdrawal;
• Unexplained physical injuries;
• Lack of hygiene, food or clothing;
• Changes in mood, anxiety or detachment; and
• Unusual bank withdrawals or failure to meet financial obligations.

If you or your loved ones have been victims of elder abuse, call the team at Jasmine Daya & Co. at 416-967-9100 or contact us online to schedule a free consultation.

 

[1] Statistics Canada, Publication 91-215-X, Annual Demographic Estimates: Canada, Provinces and Territories, Section 2: Population by age and sex.

[2] National Centre on Elder Abuse, “What We Do, Research, Statistics/Data” (2017) https://ncea.acl.gov/whatwedo/research/statistics.html.

[3] Pam Douglas, City of Mississauga News, “Mississauga nursing home found negligent in death of Brampton woman” (July 12, 2018).