Nursing home supervisors promise to keep your loved one safe and secure, so it’s troubling when a family member suffers injuries due to neglect or intentional abuse. Nursing home abuse often affects the entire family. They lose trust in the system, and the elderly resident must deal with physical and emotional injuries accompanying the abuse.
If you suspect your loved one was a victim of nursing home mistreatment or neglect, you can seek help from a personal injury lawyer in Orlando, FL. Our law firm has the passion and experience to get you and your loved one the settlement you deserve.
Reporting Nursing Home Abuse in Orlando
Notifying the Florida Department of Elder Affairs of suspected nursing home abuse is important. They can help you and build a report that will become critical in establishing your nursing home abuse case and prevent other seniors from suffering the same abuse.
If your loved one or another nursing home resident is in immediate danger, do not hesitate to call 911. Reporting abuse will open a case with the state and begin an investigation process.
We Understand the Impact of Nursing Home Abuse
Many of us rely on nursing home facilities to care for older or disabled members of our families. Unfortunately, sometimes these facilities fail to uphold their duty of care. They engage in forms of neglect or abuse instead.
Abuse of elderly members of our community represents a major concern for everyone. According to the U.S. Department of Justice, around 10% of older adults (age 65 and older) experience some type of abuse yearly.
In many cases, these individuals experience multiple forms of physical, financial, or emotional abuse. A nursing home abuse attorney in Orlando can help if you believe a family member experienced mistreatment in a care facility.
What Qualifies As Nursing Home Abuse
Several types of nursing home abuse could leave a nursing home staff member or management liable for damages. These include:
Examples of Physical Abuse
Physical abuse is never acceptable, but it can happen when staff and visitors to the living facility don’t speak up. Some of the most common instances are:
- Hitting
- Kicking
- Punching
- Pinching
- Excessive use of physical restraints or chemical restraints
- Forcing a resident to take medication
- Force-feeding
- Broken bones
Types of Emotional Abuse
Elder abuse in a care facility doesn’t have to be physical for your loved one to be a victim of abuse. The most common forms of emotional abuse are:
- Humiliation
- Berating a resident
- Yelling at a resident
- Threatening a resident
- Isolation
Types of Sexual Abuse
Your loved one shouldn’t have to worry about being sexually abused in a long-term care facility. Some examples of sexual abuse are:
- Any unwanted touching or sexual conduct
- Unnecessary nudity
- Forcing a resident to look at graphic photos
- Inappropriate jokes or comments
Examples of Financial Exploitation
Some people take advantage of senior citizens in living facilities and their financial status since they’re vulnerable. Some examples of financial abuse that occurs include:
- Coercing a resident to change their will to include a caregiver
- Stealing money from the resident
- Unauthorized use of credit cards or checks
- Taking personal items from a patient’s room
- Requiring a patient to sign checks over
If your loved one suffered any of these types of abuse, our team is ready to take legal action to get you and your family fair compensation.
Neglect and Assisted Living Facility Abuse in Orlando
According to the World Health Organization (WHO), neglect represents a major issue for elderly people in institutional settings. While not reported as often as psychological, physical, or financial abuse, neglect still has major effects on the health of its victims.
Care providers do not have to directly act to hurt your loved one to engage in neglect. Instead, neglect often occurs when care facility staff members fail to provide a proper level of care. For example, they might fail to:
- Change sheets or bed linens regularly
- Provide proper medical care like giving medications at the appropriate times
- Turn or move patients often enough to prevent bedsores and other infections
- Help patients eat or drink at mealtimes
- Care for healing injuries or wounds
Neglect often has serious effects on patients in Orlando. Neglected patients may lose weight or become obese due to a lack of medical and proper treatment. Our team takes all forms of abuse, including neglect, seriously.
We’ll discuss the situation your loved one faces when you reach out to us. We strive to go above and beyond for our clients, helping you take the right steps to get your loved one in a safe environment as we discuss your legal options in Orlando.
Monitor the Condition of Your Loved Ones in Nursing Homes
Elder abuse and nursing home abuse often get underreported around the country. Many people staying in care facilities have difficulties communicating due to health conditions. The individuals who harm them may also threaten them to keep them quiet about the mistreatment they face.
Paying attention to the condition of your loved one when you visit them in the nursing home may allow you to notice issues. Common signs of elder abuse include:
- The appearance of unexplained injuries such as bruises, welts, or scars
- Restraint marks on your loved one
- Unusual behaviors like rocking or mumbling
- Broken or missing possessions
Care home employees who try to prevent you from seeing your loved one may also represent a cause for concern. Moving quickly if you suspect any signs of nursing home mistreatment can help ensure that your loved one experiences no further harm.
You Have Limited Time To File a Nursing Home Abuse Claim
Florida Statute § 429.55 requires that victims or their family members report all nursing home abuse cases within two years from the date of the abuse or the date of the discovery. You should file your claim early to be eligible for the maximum compensation.
If your loved one died from neglect, we can file a wrongful death claim against the nursing home. By filing a claim against the nursing home, you can prevent the same from happening to other senior residents.
It’s important you don’t wait too long to file and miss the deadline. After the deadline passes, you can no longer hold the nursing facility liable. Our Orlando nursing home abuse lawyers can tell you exactly how long you must file, so you don’t miss the deadline.
How Our Legal Team Can Assist With Your Nursing Home Abuse Case
We offer free, confidential consultations to any Orlando residents who think their loved ones might have suffered abuse or neglect at a local nursing home. This meeting allows us to learn more about your case and allows you to voice any concerns you might have about the legal process.
Establishing the Abuse Occurred in the Nursing Home
To be eligible for compensation, you must prove that the liable parties ignored the four elements of negligence. Florida requires that we establish the nursing home abuse has occurred by demonstrating these important elements:
Duty of Care From the Healthcare Providers
We must prove that the defendant owed the plaintiff a duty of care. All employed staff members in a nursing home setting have a legal responsibility to support the well-being of the residents.
The Healthcare Providers Failed in Their Duties
We must also demonstrate that a violation of duty occurred. This can be an intentional act of abuse or negligent actions. If you suspect signs of abuse, our team can investigate them and compile evidence.
Their Abuse or Neglect Injured Your Loved One
We must then demonstrate that the negligent activity or abuse led to the injuries the resident sustained. We can do this by using medical records for the injuries your loved one suffered.
Your Loved One Suffered Losses as a Result
Finally, we must connect that there were actual damages. We will attempt to recover these specific costs, including medical bills, psychological services, and pain and suffering.
We will assist you in establishing each of these four important elements against the responsible party. A few ways we will do this include:
- Medical reports
- Police report
- Witness statements
- Family statements
- Testimony from your loved one
- Photographs of injuries or neglect
Get Help from an Orlando Nursing Home Abuse Attorney Today
It is terrible to learn that a loved one suffered abuse or neglect from the same people you trusted to keep them safe. Although our team at Anidjar & Levine cannot reverse the damage of the abuse or neglect your loved one suffered, we can assist you in seeking justice and in getting your loved one the compensation they deserve.
Our Orlando, FL, nursing home abuse attorneys have experience helping victims of nursing home abuse, and we’re ready to help you. Call us or fill out the contact form on our website to get a free case evaluation today.
We Can Help.
