The facilities and caregivers that we entrust our aged loved ones to do not always wind up giving residents the respect and care they deserve. Seniors are often subject to serious neglect and abuse by the caregivers meant to protect them. Moreover, elder abuse is more prevalent than people realize. An estimated one in 10 seniors has experienced some type of elder abuse, reports the National Council on Aging (NCOA). This figure is a gross underestimate, given that only one in 14 cases of abuse is actually reported.
If you know or suspect that your parent or loved one has suffered abuse or neglect in a nursing home, discuss your case with a Jacksonville nursing home abuse lawyer at the Law Firm of Anidjar & Levine. We may be able to help you hold the wrongdoer liable and pursue financial recovery on your loved one’s behalf. Contact us today at 800-747-3733.
For a free legal consultation with a nursing home abuse lawyer serving Jacksonville, call (800) 747-3733
What constitutes elder abuse?
Elder abuse is not necessarily just physical in nature. The National Committee for the Prevention of Elder Abuse (NCPEA) defines elder abuse as “any form of mistreatment that results in harm or loss to an older person.” There are various types of abuse and mistreatment seniors can experience in nursing homes, including:
- Physical abuse: Any kind of force or action that causes bodily injury or pain, including battery and restraints. This can include pinching, hitting, slapping, hair-pulling, and burning.
- Emotional abuse: Verbal, emotional, and psychological abuse includes assaults, threats, coercion, harassment, isolation, humiliation, and intimidation.
- Sexual abuse: This type of heinous abuse occurs when a caregiver inappropriately touches a resident who does not have the capacity to understand or consent. It includes fondling, exposure, intercourse, or any other sexual activity.
- Neglect: Whether willful or passive, depriving a resident from their basic physical or emotional needs can constitute neglect. This can involve anything from failing to change bed sheets to refusing to administer appropriate medical care.
- Financial: Financial elder abuse includes withholding, misusing, or stealing an older adult’s resources. Various types of conduct can constitute financial abuse, such as scamming, forging signatures, and coercing an elder to sign important financial documents.
If you suspect any type of abuse or neglect, get help immediately. Inform the elder care facility’s administration, alert the proper authorities, and speak to a nursing home abuse lawyer. For more information about where to report abuse and how to handle the resulting legal matters, call 800-747-3733.
Jacksonville Nursing Home Abuse Lawyer Near Me (800) 747-3733
What are my legal options if my loved one has experienced abuse or neglect?
When your loved one sustains an injury as a result of nursing home abuse or neglect, she might be able to collect financial compensation for her harm. This involves filing a liability claim against the facility or caregiver and seeking damages for losses related to the abuse or neglect. As her child or other responsible family member, you can speak to an injury attorney on her behalf to learn more about how to take action. Similarly, when your loved one dies as a result of nursing home abuse or neglect, you may be able to file a wrongful death claim to recover damages.
The basis for personal injury and wrongful death claims is negligence, which means that the caregiver or facility must have breached the standard duty of care they owed your loved one. Failing to administer medicine, physically battering a resident, and using physical restraints excessively and improperly are all examples of negligent conduct. Many nursing home abuse and neglect cases cause injury, justifying the need to file a claim.
It is important to note, any claim you file against the responsible party is separate and distinct from any criminal charges the wrongdoer may be facing.
Taking legal action against a nursing home facility is a complex undertaking. You must collect ample evidence proving the abuse, file legal documents within a rigid time frame, and deal with the facility’s and their insurer’s denials, defenses, and counterclaims. Our attorneys can help. We have handled numerous nursing home cases in Florida and successfully secured the justice and financial compensation our clients deserve. Contact us for inquiries.
What types of damages can I recover for a nursing home abuse case?
Florida law provides that residents who are victims of nursing home abuse or neglect can pursue compensation for their resulting harm. This includes physical, emotional, and financial losses. Some of these damages include:
- Physical injuries, pain, medical expenses, and rehabilitation;
- Mental anguish;
- Emotional distress and psychological suffering;
- Counseling and therapy; and
- Reduced quality of life.
Some abuse and neglect cases might also qualify the victim for punitive damages. Unlike the aforementioned damages, which an insurer or court will award to the victim as compensation for her losses, punitive damages punish the defendant for willful or malicious conduct or gross negligence. In applicable cases, the court awards punitive damages to the victim in addition to compensatory damages.
Determining the value of a nursing home abuse claim requires investigation of the facts, careful calculation of current and future expenses, and sometimes the help of a financial expert. For a free valuation of your claim and help getting full and fair compensation, call the Law Firm of Anidjar & Levine today.
Complete a Free Case Evaluation form now
How can I talk to a Jacksonville nursing home abuse lawyer?
Your loved one should have access to the care she deserves. When her caregivers break that trust and harm her, you can step in and help seek justice. Our caring, qualified team of attorneys at the Law Firm of Anidjar & Levine can help you do just that.
We have a passion for helping Jacksonville families with their legal matters during their difficult times. Our team can assist with all aspects of a nursing home abuse case, from collecting evidence and calculating damages to filing insurance claims and litigation. We will advocate for elders’ rights and help hold negligent facilities liable for the harm they case. Contact us today at 800-747-3733 to learn more about how we may be of service to you.
Duval County Nursing Home Abuse Lawyer
If you or someone you love is a victim of neglect or abuse from a nursing home employee or other caregiver in Duval County, FL, you should take immediate action to prevent further harm. The Law Offices of Anidjar & Levine can help you understand your legal options and whether you may be able to receive financial compensation for your suffering. Call our office today at 1-800-747-3733 to see how a nursing home abuse lawyer in Duval County, FL can help.
What Constitutes Nursing Home Abuse
If a caregiver’s negligence or intentional act causes harm to someone in their care, it may be a case of nursing home abuse. Unfortunately, nursing home abuse is common enough in our nation that all 50 states, including Florida, have laws to protect against it. There are several different types of abuse;
- Physical abuse: the caregiver hit, pushed, or physically restrained a resident, or otherwise intentionally inflicted physical pain.
- Neglect: either intentionally or unintentionally, caregivers failed to feed, clothe, and care for residents adequately. Additionally, there may be issues with abandonment and cleanliness or other self-care tasks.
- Emotional abuse: the caregiver verbally intimidated, threatened, or otherwise caused the resident to suffer unjustified emotional stress or mental anguish.
- Sexual abuse: the caregiver made unwanted sexual advances or subjected the resident to unwarranted nudity.
- Financial abuse: the caregiver stole or illegally used assets, or billed the resident for unwanted or unused services.
Not all these types of abuse may occur at once, but any type is cause for concern and may justify financial compensation for the victims if proven.
Identify the Signs of Nursing Home Abuse
Family members and loved ones must be especially vigilant for any signs of abuse, particularly since most nursing home residents lack the cognitive ability or awareness to identify and report abuse or neglect. In isolation, any of the following signs may not necessarily mean abuse has occurred, but likely warrant further action. Make note of:
- Bruises, cuts, and burns that cannot be explained;
- Broken bones;
- Personality changes that come on suddenly;
- Signs of sexual abuse, such as bruising in the genital area;
- Problems with medication such as missed doses or unnecessary medications;
- Discomfort with a particular caregiver;
- Unexpected changes in financial accounts;
- Bedsores; or
- Soiled bedsheets, unchanged clothes, or other signs of poor hygiene.
If You Suspect Nursing Home Abuse or Neglect in Duval County
If you suspect nursing home abuse or caregiver neglect has occurred in Duval County, FL, you should take immediate action to report your suspicions and concerns. For the safety and wellbeing of your loved one, there is no reason to wait for another incidence or to verify.
Call 911 if you believe the resident needs emergency care because of severely neglected living conditions or is in immediate danger from a physically or sexually abusive caregiver.
If there is no life-threatening danger, start by notifying the nursing home administration, who should be able to take immediate action to end the abuse. You may also file a report with Florida’s Department of Elder Affairs online or by calling 800-962-2873.
When to Contact a Nursing Home Abuse Lawyer in Duval County, FL
While you may be able to take immediate steps to end the neglect or abuse that occurred, erasing the physical or emotional damage is more difficult. A financial settlement may not alter the fact that abuse occurred, but it can at least help pay for the tools to aid recovery such as medical treatment and other therapy.
A nursing home abuse lawyer in Duval County, FL can advise you on your legal options, including navigating through statutes of limitations on personal injury, contract law,medical malpractice law, and even criminal law.
Taking legal action will help compensate you or your loved one for the abuse and neglect suffered, but it can also help stop others from becoming victims of the facility’s abusive practices. Nursing home abuse victims may be eligible for financial compensation for their physical, emotional, or other damages.
In the worst-case scenario, your family may be able to collect wrongful death damages if your loved one died as a direct result of medical malpractice, abuse, or neglect.
What You Should Expect from a Duval County Nursing Home Abuse Attorney
No doubt you are already feeling considerable stress and concern if you suspect nursing home abuse has occurred. Choosing a lawyer to represent your case can seem overwhelming, on top of everything else you are going through, but our team will offer the following:
You should receive a free case evaluation to help determine your legal options and how best to proceed. During your consultation, you should have sufficient time to tell your story, ask questions, and identify your concerns.
Complete Case Management
Our Duval County personal injury lawyers will handle all legal aspects of your case, including gathering documents, submitting evidence, and communicating with all relevant parties.
Filing a Lawsuit on Your Behalf If Necessary
Depending on the circumstances of your case, it may be necessary to file a lawsuit against the individual caregiver, employers, or nursing home facility. If your case does go to court, the nursing home abuse lawyer you select should be able to represent you through litigation.
Call a Nursing Home Abuse Attorney in Duval County, FL Today
If you suspect you or your loved one suffered nursing home abuse or neglect, the Law Offices of Anidjar & Levine can help you with responsive legal care.
Call us right now at 1-800-747-3733 to get a free consultation and secure representation from a nursing home abuse lawyer in Duval County, FL.