Nursing Home Abuse Lawyer
Nursing home staff have a legal duty to provide the highest possible standard of care with the well-being of residents in mind. Unfortunately, not all staff members and facilities meet this standard of care. If you suspect your loved one suffered injuries or death due to nursing home abuse or neglect, Freedland Harwin Valori Gander can help. Our Florida nursing home abuse lawyers are here to guide you through your legal options and seek justice on your loved one’s behalf.
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- September 27, 2024
Table of Contents
- Freedland Harwin Valori Gander: Your Nursing Home Abuse Attorneys
- Understanding Nursing Home Abuse and Neglect
- Signs of Nursing Home Abuse and Neglect
- Assisted Living Abuse
- Elder Law - Legal Protections in Florida
- The Role of a Florida Nursing Home Abuse Lawyer
- Our Florida Nursing Home Lawyers Are Here For Your Family
Nursing home abuse and neglect affect countless vulnerable people daily, with approximately 64 percent of staff admitting to such abuse in the past year. The effects of nursing home abuse and neglect can range from mental health issues to physical injuries to death. Nursing home staff who fail to meet the standard of care may be liable for any resulting harm to residents.
If your loved one has suffered harm due to suspected nursing home abuse, your family may be entitled to compensation through a lawsuit. A Florida nursing home abuse lawyer at Freedland Harwin Valori Gander is here to help your family weigh your legal options and take action against the responsible parties.
Freedland Harwin Valori Gander: Your Nursing Home Abuse Attorneys
Freedland Harwin Valori Gander is an accomplished medical malpractice law firm committed to protecting the rights of those who’ve suffered harm from negligent medical professionals, including nursing home staff. We’ve been practicing medical malpractice law for over 20 years, giving us the experience, resources, and fortitude needed to take on large nursing home corporations on your family’s behalf.
Our nursing home negligence lawyers have recovered over $2.6 billion in verdicts and settlements on behalf of our clients. This number includes numerous successful nursing home abuse and neglect cases. In one case, we recovered $1.5 million for the family of an elderly man who died from neglect at a nursing home. We also obtained a $1 million settlement for the family of another elderly man who died from nursing home neglect.
We recognize the gravity of nursing home abuse and neglect cases and approach every case with the care and compassion it deserves. When you turn to us, you’ll receive personalized attention and a team dedicated to answering all your questions. We’ll handle the tedious legal details so your family can heal and move forward with your lives.
Understanding Nursing Home Abuse and Neglect
Nursing home abuse occurs when a staff member’s actions or inactions cause harm to a resident of a long-term care facility. The abuse can be intentional or unintentional. Factors such as improper training, staffing shortages, and poor staff supervision can increase the likelihood of abuse in a nursing home.
Types of Nursing Home Mistreatment
There are several different types of nursing home mistreatment. Some cases involve a single type of abuse, while others involve a combination of abusive acts. If you believe you may have a nursing home abuse claim, it will likely fall under one or more of these categories:
- Physical abuse:This type of abuse occurs when a staff member directly inflicts bodily harm on a resident. Examples of physical abuse include hitting, slapping, kicking, and pushing. It may also include restraining a resident against their will using ties or straps.
- Emotional abuse: Also known as psychological abuse, emotional abuse occurs when a staff member attempts to control or frighten a resident using verbal or behavioral tactics. They may isolate a resident from loved ones, exert excessive control over a resident’s activities, yell at a resident, or say hurtful words to them.
- Sexual abuse: Sexual abuse occurs when nursing home staff impose unwanted sexual contact on a resident. This type of abuse may go as far as rape, but it can also include touching, groping, or forcing a resident to watch sexual acts.
- Financial abuse: Nursing home staff have great power over vulnerable residents—especially those with cognitive impairments—and some take advantage of that dynamic by financially abusing residents. Examples of financial abuse include stealing a resident’s money or valuables, manipulating a resident to give up control of their finances, or stealing financial records from a resident.
- Neglect: Residents often rely on nursing home staff to meet their basic needs. Neglect occurs when a nursing home’s staff fails to meet those needs, harming a resident. This may involve withholding food, not providing necessary medical care, or leaving a resident unattended for extended periods.
Effects of Nursing Home Abuse and Neglect
Victims of nursing home abuse may suffer physical injuries, psychological trauma, or even death due to this mistreatment. Depression is a common outcome of abuse, often resulting in sleeping problems, disordered eating patterns, and a lack of motivation to care for oneself. This can snowball into worsened health outcomes and an increased likelihood of developing a serious illness.
In financial abuse cases, victims may lose substantial amounts of money and their ability to meet financial obligations. Thus, family members may need to provide more financial support to their loved ones. When the victim dies, family members may also lose large portions of their inheritance.
Instances of nursing home abuse and neglect have only risen in recent years, and an unprecedented number of people are currently experiencing the effects of this mistreatment. The problem is especially prevalent here in Florida, where nursing home violations have nearly doubled since 2019 compared to the previous six years.
Signs of Nursing Home Abuse and Neglect
Family members of nursing home residents play a critical role in stopping nursing home abuse in its tracks. The signs of nursing home abuse and neglect can be subtle at times, but it’s worth paying attention to any changes in your loved one’s behavior or physical presentation. If something feels off, trust your instincts and investigate further.
The physical signs of nursing home abuse and neglect are often the most obvious. They include bruises, unexplained injuries, bedsores, and sudden weight loss.
Nursing home abuse may also present emotional or behavioral signs. Sudden mood changes, unexplained irritability, unusual tiredness, social withdrawal, and fear of certain staff members could all be signs of abuse or neglect.
Some signs are specific to neglect, such as poor hygiene, dehydration, and unattended medical needs. Victims of nursing home neglect may also have unsanitary living conditions with soiled bedding, pests, and mold.
Financial abuse also has specific signs. Missing belongings, unexplained expenses, unpaid bills, and a lack of understanding of one’s financial situation may point toward financial abuse in a nursing home.
Assisted Living Abuse
Assisted living abuse is another type of mistreatment that falls under the broad umbrella of nursing home abuse. Both assisted living facilities and nursing homes support residents with activities of daily living, such as dressing, bathing, eating, medication management, and mobility. The key difference between these types of facilities is the extent of care provided.
Nursing homes generally provide more extensive care than assisted living facilities. Nursing home residents may have more complex medical conditions that require around-the-clock assistance from skilled health care providers. Assisted living residents may need help with specific tasks and activities, but they can often live somewhat independently. The atmosphere of a nursing home may also feel more clinical than the home-like environment of an assisted living community.
Assisted living care’s slightly more independent nature means that mistreatment in such facilities can present differently than in nursing homes. Significant neglect may be less likely in assisted living facilities since residents are more capable of caring for themselves. Financial abuse can still occur in these facilities, but it may not be as extensive as the financial abuse inflicted on nursing home residents with profound cognitive impairments. Emotional, physical, and sexual abuse can and does occur in assisted living facilities, but residents may be more capable of speaking up about the abuse.
Despite these differences, assisted living abuse can be just as damaging as nursing home abuse. Vigilant monitoring is vital in these environments to prevent the most vulnerable assisted living facility residents from being taken advantage of.
Elder Law - Legal Protections in Florida
Elder abuse is a crime. Perpetrators of nursing home abuse don’t just face the possibility of being held liable through a civil lawsuit for injuries or wrongful death—they may also face criminal charges.
Florida law protects victims of elder abuse by categorizing it as a felony, meaning that a nursing home staff member convicted of abusing or neglecting a resident could face prison time, fines, and other serious legal consequences. While this hasn’t deterred all perpetrators from committing nursing home abuse, it does help ensure that many perpetrators cannot victimize additional residents.
Additionally, Florida law requires certain professionals to make a report if they have reason to suspect that a vulnerable adult is the target of abuse or neglect. Examples of mandatory reporters include doctors, nursing home staff, social workers, law enforcement officers, and bank employees.
Nursing home residents also have explicit rights under Florida law. There are several dozen of these rights, but a few worth mentioning include:
- The right to complain about policies and services without restraint, coercion, or interference
- The right to organize and participate in resident groups
- The right to refuse medication and treatment and know the consequences of doing so
- The right to be treated fairly and with dignity
- The right to be free from mental and physical abuse
- The right to retain and use personal belongings
Facilities must honor these rights and ensure that staff members treat residents in accordance with them as well.
The Role of a Florida Nursing Home Abuse Lawyer
If you suspect an elderly loved one is a victim of nursing home abuse, you may have a civil claim for compensation against the liable parties. There is no need to wait until the liable parties have been convicted of a crime to start taking action—the same act of nursing home abuse can have simultaneous criminal and civil cases.
The best way to start your claim is to consult a Florida nursing home abuse lawyer. They’ll launch an independent investigation into what happened and gather strong evidence to support your claim. Your nursing home neglect attorney will then present their argument to the liable parties and attempt to settle outside the court system. If the liable parties refuse to offer a fair settlement, your attorney may bring your case to trial to improve your chances of obtaining maximum compensation.
Specialized experience is essential to successfully navigate a Florida nursing home abuse case. Many nuanced laws, regulations, and medical details are specific to nursing home abuse claims. Furthermore, most nursing homes carry malpractice insurance, and your attorney must know how to negotiate with these types of insurance companies to maximize your settlement.
Our Florida Nursing Home Lawyers Are Here For Your Family
At Freedland Harwin Valori Gander, we’re committed to providing justice and compassionate representation to nursing home abuse victims and their families. If the negligence of nursing home staff caused harm to you or a loved one, we want to help.
Time is of the essence if you have a potential nursing home abuse or neglect case. Be sure to report your concerns to the authorities, then contact our law firm for a free consultation.
Call us at (954) 231-2995 or complete our online form to get started.
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