Nursing Home Abuse Lawyers Attorneys florida
What is considered nursing home neglect
Our Lawyers Will Fight Neglect and Abuse in Nursing Homes
At our law firm, our nursing home abuse lawyers have experience with handling elder abuse claims and have resources that you need to help nursing home residents and families with your lawsuit.
While each case is different, our lawyers have recovered significant awards in nursing home abuse cases. The goal of our nursing home attorneys is not only to recover compensation for residents of nursing homes that have been abused but also to stop other homes from engaging in similar actions.
If your loved one has suffered abuse or neglect in a nursing home, let our attorneys help. When you contact us, we will review your claim and find out if you can pursue a lawsuit against the facility that abused your loved one.
When Can a Nursing Home Be Liable for Neglect and Abuse?
If you can prove that a nursing home or one of their employees have acted negligently, you may be able to hold them liable for any resulting damages. Damages that may be available in a nursing home neglect or abuse lawsuit can include:
- Medical bills
- Pain and suffering
There are even individual states that will allow claims for punitive damages. These are created to stop the defendant and others from engaging in similar conduct. However, punitive damages are only awarded in rare lawsuits.
You may be able to file a claim for nursing home abuse on the following grounds:
- Negligence in the hiring process
One obligation that nursing homes have is to hire caretaker that are qualified, have the proper degrees for the position that they have been hired for, and making sure that they have no record of abuse or violence. If an employee is hired without conducting a background check, the nursing home residents are put at risk. If this occurs and abuse happens, the nursing home can be held responsible.
- Inadequate Training
When one is employed in a nursing home, they need to be provided with training that teaches them how to properly handled residents that are disobedient or disabled. If a caretaker is not adequately trained, they will not provide the level of care that is expected by both the family and the state. If a staff member is not trained correctly and their incompetence leads to injury of a resident, the nursing home can be held liable.
- Being Understaffed
If a nursing home fails to have a reasonable amount of staff employed for their residents, they run a high risk of neglect because there will be residents left unattended at times.A low staff-to-resident ratio causes more work for caretakers who may not be compensated properly for how much work they need to do on their own. Being in this position can cause stress, lead to a loss of morale, and ultimately lead to a loss of compassion. If a resident is injured or dies while a nursing home is understaffed, the home can be held liable.
- Claim for Third-Party Responsibility
If there is any abuse caused by a third party in a nursing home, the home can be held responsible. One duty of a nursing home is to provide an environment for their resident that is safe. Third parties can include another resident or a guest that is visiting another resident.
- Statutory or Regulatory Rights that have been breached
Residents of a nursing home are entitled to privacy, dignity, and autonomy. If an employee of a nursing home violates the fundamental rights of their residents, the home can held liable.
- Errors in Medications
Nursing home residents can suffer immensely if they are not given the right medication and the right dose when needed. If a resident of a nursing home gets injured or sick due to a prescription drug error, the pharmacy, pharmacist, or physician can be held responsible.
Warning Signs of Nursing Home Abuse
Sometimes, signs of nursing home abuse are dismissed as indicators of dementia or even just old age. For this reason, you will want to be able to recognize the signs of mistreatment in your loved one. There is more than one type of nursing home abuse, and each type will have specific symptoms that can show you that your loved one is being abused or neglected.
Common signs of nursing home abuse can include the following:
- Bruises or bleeding
- Emotional withdrawal
- Silence around caretakers
- Bruises on or around an elder’s genitals
- Unexplained diseases or infections
- Physical discomfort
- Sudden financial difficulties
- Bills left unpaid by the elder
- Changes in the elder’s will
- Change in power of attorney
How Can Our Nursing Home Abuse Attorneys Help You?
Our lawyers will start by reporting the nursing home abuse to the proper authorities. By taking the proper steps, it will allow your rights to be protected in case the abuse report is altered or lost. To ensure a prompt investigation, you will need to document all information relevant to the incident, as detailed as possible. Our experienced and reputable lawyers know how to file legal claims against negligent facilities and employees as well as both nursing home abuse reports.
In a lawsuit for nursing home neglect or abuse, our lawyers will inform the nursing home of the pending allegations so that they will have the option to respond to the claims being made. Most of the time, the nursing home will attempt to settle the lawsuit out of court, and they will schedule a meeting to discuss a comprise with you. The resident that is injured can get compensated for their loss, and the home will save time and resources by avoiding a jury trial when they settle.
At our law firm, we take pride in being the attorneys that do not hesitate to take large corporations to court. If needed, our lawyers have access to expert medical witnesses who can testify in court, so that they can explain how our client’s injuries were linked to the home’s negligent behavior. The testimony of the expert witness will have a significant role in your lawsuit being successful.
Do not hesitate to contact our nursing home attorneys today for a free consultation if you suspect your loved one is being neglected or abused in a nursing home.