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.
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.
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.
