The abuse or neglect of a senior – especially by their caregivers in a nursing home – is difficult to think about but happens more frequently than most people realize. If you have a parent, aunt, uncle, or grandparent who lives in a nursing home, it is important you know the signs of abuse and how to report them.
If you or your loved one suffered neglect or abuse at the hands of a nursing home employee or another caregiver, you can discuss your legal options with our team in Fort Lauderdale.
Nursing home abuse is a devastating violation of trust that affects some of the most vulnerable members of society—our elderly loved ones. Unfortunately, abuse in nursing homes and long-term care facilities is a growing issue, often going unnoticed until serious harm has been done. If you suspect that your loved one has been subjected to physical abuse, neglect, financial exploitation, or emotional mistreatment in a Fort Lauderdale nursing home, you have the right to seek justice. At Anidjar & Levine, we understand the emotional and financial toll that nursing home abuse can take on families, and we are dedicated to holding negligent nursing homes accountable. Our experienced Fort Lauderdale nursing home abuse lawyers will fight to protect your loved one’s rights and recover compensation for the harm they have suffered.
Nursing home abuse cases are complex and require a deep understanding of both the legal system and the standards of care that nursing homes must follow. At Anidjar & Levine, we will thoroughly investigate the circumstances of your case, gather evidence of abuse, and work to secure the compensation your family deserves. Whether through negotiations or trial, we are committed to obtaining justice for your loved one.
We understand how devastating it can be to experience elder abuse. That is why we fight for compensation for elderly victims in South Florida. We can talk with you more during a free case evaluation.
How we can Help You after Nursing Home Abuse or Neglect Occurs
Our nursing home abuse and neglect attorney in the Fort Lauderdale area can advise you on your legal options when pursuing damages. You may not know where to turn for help, but we are here to provide responsive legal care to help you pursue justice and compensation for your loved one.
An attorney from our firm can manage your Nursing Hme Abuse claim or lawsuit from beginning to end, allowing you to focus on your loved one. This means we will:
- Investigate your case to determine what happened and who’s responsible for your loved one’s mistreatment
- Represent you in all legal proceedings, including in court, if necessary
- Handle all communications with the liable party’s insurance, attorneys, and others involved
- Review your evidence and uncover other available evidence to help prove your case (including witness statements)
- Negotiate with all parties for a fair settlement for you
- File a lawsuit within Florida’s statute of limitations
- Take your case to court if settlement in your case is unreachable
We will Help Navigate the Legal Landscape in Your Case
Even if you know your loved one is safe from their abusers, there is little that can repair the damage done. While a financial settlement will not reverse their pain and suffering or lessen their emotional upset, it can pay for medical treatment, therapy, and other tools to aid recovery.
The legal landscape for nursing home abuse law is diverse. When an elderly person suffers abuse, many facets of the law can apply to their case. This includes statutes, contract law, personal injury law, medical malpractice law, and even criminal law. An elder abuse attorney with our law firm can help you easily navigate each of these legal practice areas and understand the role each plays in your case.
Damages that Could be Recovered in an Elder Abuse Case
If you suspect that an elderly loved one suffered abuse or neglect in a South Florida nursing home, seeking legal action could help stop a facility’s abusive practices, and many nursing home abuse victims are eligible for compensation for their physical, emotional, and financial damages.
Our lawyer serving the Fort Lauderdale area could help you recover damages such as:
- Medical expenses (past, current, and ongoing)
- Stolen or damaged property
- Emotional distress
- Pain and suffering
- Loss of enjoyment of life
- Loss of quality of life
You may be able to Seek and Recover Wrongful Death-Related Damages
If your family member died due to medical malpractice, abuse, or neglect, your family may be eligible to collect Fort Lauderdale wrongful death damages . Such damages could include:
- Final medical expenses for the deceased person
- Funeral, burial, or cremation costs
- Loss of your loved one’s companionship and guidance
- Your family members’ pain and suffering as a result of your loved one’s death
Some of the recoverable damages can be documented with receipts, invoices, and other records, while others are intangible and cannot. Our legal team can review your case and determine the damages you are entitled to receive. We can also calculate the value of your case.
Seeking Justice and Accountability After Nursing Home Abuse or Neglect in Fort Lauderdale
Elderly and disabled residents of nursing homes and long-term care facilities are vulnerable to abuse, neglect, and exploitation. When mistreatment by staff or hazardous facility conditions cause harm to residents, a nursing home abuse lawyer can help families seek justice and fair compensation in Fort Lauderdale.
Warning signs that may indicate nursing home abuse or neglect include unexplained injuries like bruises or bed sores, significant unanticipated weight loss, soiled bedding or clothing, dehydration or malnutrition, oversedation, or a noticeable decline in hygiene. Residents or roommates may also report hearing yelling, disrespectful remarks, sounds of physical violence, or other troubling incidents.
If abuse or neglect is suspected, families should document any evidence and file formal complaints with the facility’s management and state regulatory agencies. An attorney should be consulted immediately. They can conduct a full investigation through interviews, review facility records, and expert inspections to establish where the facility failed in its duties.
In severe injury or death resulting from verifiable neglect or abuse, civil lawsuits can be brought against the nursing home to recover medical costs, pain and suffering damages, and sometimes punitive damages to punish and deter egregious misconduct. Facilities found negligent in their care can be forced to pay substantial compensation.
An experienced nursing home abuse lawyer can identify all viable defendants in a lawsuit, whether individual staff members, corporate ownership groups, or affiliated medical providers who failed in their responsibilities. They will also aggressively confront defense strategies aimed at concealing neglect. Securing admissions of guilt and uncovering negligent patterns can lead to favorable settlements.
No family should have to accept the substandard, abusive, or dangerous treatment of their loved one confined to a long-term care facility. Justice can be achieved, but families must proactively seek legal counsel from an attorney intimately familiar with nursing home litigation and elder rights in Fort Lauderdale. Accountability saves lives.
You Must File Your Case within the Correct Deadline
Florida law allows only two years to pursue legal action in a nursing home abuse or neglect case, per Florida Statutes §400.0236. You also have only two years to file an action in a medical malpractice case (Florida Statutes §95.11[4][b]) and a wrongful death case (Florida Statutes § 95.11(4)(d)), as well.
We encourage prospective clients to start their cases as soon as possible. If you miss the deadline, you could lose the chance to seek damages.
How Can I Spot Signs of Nursing Home Abuse and Neglect?
Most nursing home residents do not have the cognitive ability or awareness to report abuse or neglect. For this reason, their family members and other trusted visitors must watch for any signs of abuse. While these signs do not necessarily mean your loved one has an abusive caregiver, they should prompt you to take action.
Keep an eye out for:
- Unexplained bruises, cuts, and burns
- Unexpected broken bones
- A change in alertness not due to other factors
- A sudden change in personality
- Bruising in the genital area or other signs of sexual abuse
- Unexpected bedsores
- Poor hygiene, such as soiled bed sheets or unchanged clothes
- Missed doses of medicine
- Unnecessary medications
- Changes in financial accounts
- A strained relationship with a particular caregiver
- Overhearing threats or bullying behaviors
- A senior who reports abuse or neglect
How does Nursing Home Abuse Occur?
Nursing home abuse and neglect happen in many different ways. Any time a caregiver’s intentional act or negligent behavior causes harm to a resident, it may be a case of nursing home abuse.
All 50 states, including Florida, have laws in place to protect these vulnerable adults from abuse and neglect. If you suspect any of these types of nursing home abuse, act quickly to protect your loved one from harm.
Physical Abuse
This includes hitting, pushing, or physically restraining a resident or otherwise intentionally inflicting physical pain.
Emotional Abuse
This includes intimidating, threatening, or otherwise causing the resident undue stress or mental anguish.
Neglect
This includes an intentional or unintentional failure to feed, clothe, and care for residents adequately. Abandonment and issues with cleanliness or other self-care tasks may also fall into this category.
Sexual Abuse
This includes any unwanted sexual contact and/or unwarranted nudity.
Financial Abuse
This includes stealing, illegal use of assets, and even billing residents for services they did not receive.
Common Types of Nursing Home Abuse in Fort Lauderdale
Nursing home abuse can take many forms, from physical harm to financial exploitation. Understanding the different types of abuse can help you recognize the signs and take action to protect your loved one.
Physical Abuse
Physical abuse occurs when a nursing home resident is intentionally harmed or injured by staff members, other residents, or even visitors. This can include hitting, slapping, pushing, or using excessive force when handling residents. In some cases, improper use of restraints or medication can also constitute physical abuse. Signs of physical abuse include unexplained bruises, cuts, or fractures, as well as sudden changes in behavior or fearfulness around staff members.
Emotional and Psychological Abuse
Emotional or psychological abuse in nursing homes can be just as damaging as physical abuse. This type of abuse involves staff members or other caregivers using threats, insults, humiliation, or intimidation to manipulate or control residents. Emotional abuse can lead to severe mental health issues, such as anxiety, depression, or withdrawal from social interactions. Warning signs may include sudden changes in mood, isolation, or a noticeable fear of certain staff members.
Neglect
Neglect occurs when nursing home staff fail to provide the necessary care and attention that residents need to maintain their health and well-being. This can include failing to provide adequate food, water, medication, hygiene, or medical care. Neglect can result in serious health issues, such as malnutrition, dehydration, bedsores, or infections. If you notice that your loved one is experiencing weight loss, poor hygiene, or untreated medical conditions, neglect may be to blame.
Financial Exploitation
Financial exploitation happens when a caregiver or staff member takes advantage of a nursing home resident for financial gain. This can include stealing money or personal belongings, manipulating the resident into signing over assets, or using the resident’s credit cards without permission. Signs of financial exploitation may include unexplained withdrawals from bank accounts, missing valuables, or sudden changes to a will or power of attorney.
Recognizing the Signs of Nursing Home Abuse
Nursing home abuse often goes unreported because victims may be unable or unwilling to speak up. Understanding the warning signs of abuse can help you protect your loved one from further harm.
Physical Signs of Abuse or Neglect
Physical signs of abuse or neglect may include:
- Unexplained bruises, cuts, or burns: These may indicate physical abuse or neglect.
- Weight loss or malnutrition: If your loved one is losing weight or appears malnourished, it could be a sign of neglect or improper care.
- Bedsores or untreated medical conditions: Bedsores, also known as pressure ulcers, are a common sign of neglect in nursing homes. Untreated infections or other medical conditions may also indicate neglect.
Behavioral Changes
Victims of nursing home abuse often show behavioral changes, such as:
- Withdrawal or isolation: Residents who are being abused may become withdrawn, avoid social interactions, or refuse to participate in activities they once enjoyed.
- Fearfulness or anxiety: If your loved one seems anxious or fearful around certain staff members, it may be a sign of emotional abuse or intimidation.
- Sudden mood swings: Emotional or psychological abuse can lead to sudden mood changes, including depression, anger, or agitation.
Financial Red Flags
Financial exploitation can be harder to detect, but there are some red flags to watch for, including:
- Unexplained withdrawals from bank accounts: If you notice unusual financial activity or missing funds, it could be a sign that your loved one is being financially exploited.
- Missing personal belongings: If valuable items or personal belongings are missing, a staff member or caregiver may be taking advantage of your loved one.
- Changes to legal documents: Be wary of sudden changes to your loved one’s will, trust, or power of attorney, especially if they were made without consulting family members.
Pursuing Compensation for Nursing Home Abuse in Fort Lauderdale
If your loved one has suffered abuse or neglect in a nursing home, they may be entitled to compensation for the harm they have endured. Understanding the types of compensation available can help you recover the financial resources needed to cover medical expenses, emotional distress, and other damages.
Medical Expenses and Ongoing Care
Victims of nursing home abuse often require extensive medical treatment to address the physical and emotional harm caused by the abuse. Compensation can cover medical expenses, including hospital stays, surgeries, rehabilitation, and mental health care. If your loved one requires ongoing care due to the abuse, compensation may also cover the cost of long-term medical treatment and therapy.
Pain and Suffering
In addition to medical expenses, nursing home abuse victims may be entitled to compensation for non-economic damages, such as pain and suffering. This compensation accounts for the physical pain, emotional distress, and reduced quality of life caused by the abuse. Pain and suffering damages are often significant in cases involving long-term emotional or physical harm.
Punitive Damages
In cases of severe or egregious abuse, the court may award punitive damages. Punitive damages are intended to punish the responsible parties and deter future abuse. These damages are awarded in addition to compensatory damages and are meant to send a strong message that nursing home abuse will not be tolerated.
Report Nursing Home Abuse in Fort Lauderdale Immediately
You should take action to report your suspicions immediately if you suspect nursing home abuse or neglect in Fort Lauderdale. There is no reason to wait to verify what you saw. Instead, you should pass any signs you have along to the proper authorities and let them confirm whether or not abuse is occurring.
If the nursing home resident is in immediate danger from a physically or sexually abusive caregiver or living in severely neglected conditions, call 911 immediately.
Florida’s Department of Elder Affairs can help
If there is no immediate, life-threatening danger, you can report it directly to Florida’s Department of Elder Affairs. This requires you to file a report online or contact them by phone. You may also want to notify the nursing home administration because they can often take the most immediate action to end the abuse.
We Can Review Your Fort Lauderdale Nursing Home Abuse Case
Our Fort Lauderdale personal injury lawyers stand ready to help victims of elder abuse. We can help you and your loved one get the peace of mind you deserve after dealing with the emotional weight of a nursing home abuse case. We will do everything we can to recover compensation that allows you to move forward.
Our legal team serving Fort Lauderdale is ready to talk with you about your case involving nursing home and/or neglect. Learn more about how legal representation can benefit your case during a no-cost, obligation-free case review.
We Can Help.
