The facilities and caregivers that we entrust our aged loved ones with do not always give residents the respect and care they deserve. Seniors are often subject to serious neglect and abuse by the caregivers meant to protect them.
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 Offices of Anidjar & Levine. We may be able to help you hold the wrongdoer liable and pursue financial recovery on your loved one’s behalf.
Recoverable Damages In 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, which could include physical, emotional, and financial losses. Some of these damages include:
- The pain of physical injuries
- Medical expenses, including rehabilitation
- Mental anguish
- Emotional distress and psychological suffering
- Counseling and therapy
- Reduced quality of life
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. We will gather evidence like your loved one’s medical records to help us assess these damages. You get a free evaluation of your claim, and we will help get you fair compensation when you work with us.
Wrongful Death Damages Resulting from Nursing Home Abuse
If your loved one passed away as a result of nursing home abuse or neglect, you may be able to file a Jacksonville wrongful death claim to recover damages.
We could seek a recovery for the following on your behalf:
- Funeral and burial expenses
- Your loved one’s final medical expenses
- Pain and suffering
- And more
Legal Options If A Loved One Has Experienced Abuse or Neglect
When your loved one sustains an injury as a result of nursing home abuse or neglect, they might be able to collect financial compensation for their harm. This involves filing a liability claim against the facility or caregiver and seeking damages for losses related to the abuse or neglect.
As their child or as another responsible family member, you can speak to an injury attorney on their behalf to learn more about how to take action. It is important to note that 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.
Demonstrating Negligence In Your Nursing Home Case
The basis for personal injury and wrongful death claims is negligence, which means that the nursing home staff or facility must have breached the standard duty of care they owed to your loved one.
Examples of negligent conduct may include:
- Failing to administer medicine or injuring patients with medication errors
- Abusing chemical restraints to control patients
- Allowing bed sores to develop or offering inadequate treatment
- Physically battering a nursing home patient
- Using physical restraints excessively and improperly
- Refusing to acknowledge a resident’s physical and emotional needs
- Not providing patients with adequate personal hygiene
- Failure to monitor residents at risk of wandering or elopement
- Failure to provide an adequate level of care for the prevention and treatment of conditions
Many nursing home neglect and abuse cases cause injury, justifying the need to file a claim. We will work to gather any evidence of a nursing home’s negligence and hold the staff or facility accountable.
What Constitutes Elder Abuse?
Elder abuse is more prevalent than many people realize. An estimated one in 10 seniors has experienced some 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.
Elder abuse is not necessarily just physical in nature. According to the Administration for Community Living (ACL), elder abuse includes intentional or negligent behavior that brings harm to an elderly person. There are various types of abuse and mistreatment seniors can experience in nursing homes, including:
- Physical abuse: This could be any kind of force or action that causes bodily injury or pain, including battery and restraints, pinching, hitting, slapping, hair-pulling, and burning.
- Emotional abuse: This could include verbal, emotional, and psychological abuse such as 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 of their basic physical or emotional needs can constitute neglect. This can involve anything from failing to change bedsheets to refusing to administer appropriate medical care.
- Financial: Financial elder abuse includes withholding, misusing, or stealing an older adult’s resources such as a credit card. 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 abuse or neglect, get help immediately. Inform the facility’s administration, alert the proper authorities, and speak to a nursing home abuse lawyer. Call our law firm today for more information about where to report abuse and how to handle the resulting legal matters.
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. We have a passion for helping Jacksonville families with their legal matters during these difficult times.
Our team can assist with all aspects of nursing home abuse lawsuits, from collecting evidence and calculating damages to filing paperwork and initiating court proceedings. Our nursing home abuse lawyers in Duval County, FL, can also advise you on your legal options and help you navigate through statutes of limitations on personal injury (Florida Statutes §95.11(3)(a)), contract law, medical malpractice law, and even criminal law.
Choosing a Jacksonville personal injury lawyer from our team to represent your case can seem overwhelming on top of everything else you are going through, but our team will offer the following:
A Free Initial Consultation On Your Nursing Home Negligence Case
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 For You and Your Family
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 Personal Injury Lawsuit On Your Behalf If Necessary
Depending on the circumstances of your case, it may be necessary to file a lawsuit against the negligent nursing home or employee. If your case does go to court, the nursing home abuse lawyer you select should be able to represent you through litigation.
Why Choose The Law Offices of Anidjar & Levine For Your Case
Your loved one should have access to the care they deserve. When their caregivers break that trust and harm them, you can step in and help seek justice – and we can help.
Our personal injury law firm will go the extra mile for you. When you work with our team:
- You can expect to get your attorney’s phone number.
- We will help you schedule the necessary appointments related to your case.
- We will answer all of your questions in a timely manner.
We will advocate for elders’ rights and help hold negligent facilities accountable for the harm they cause. Contact us today to learn more about how we may be of service to you.
We Offer Legal Representation At No Upfront Cost
You may be wondering if you can afford a lawyer or if paying for representation makes sense for your case. We want to assure you that our representation comes at no upfront cost to you. Because we work based on contingency fees:
- You don’t have to pay us any retainers, hourly payments, or other upfront fees.
- We only receive payment if we win your case.
- There is no financial risk to your family, as we only win if you do.
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. A nursing home abuse lawyer in Duval County, FL, may be able to help.
Other Reasons Why You May Want To Hire A Nursing Home Abuse Lawyer
It can be challenging to step forward and seek help during such a devastating time for you and your family. However, keep in mind that once you contact our team and agree to work with us, we will handle the most complicated aspects of your case so you can start to focus on other, more important matters in your life.
We can take on the following:
- Nursing home facilities with substantial legal teams and resources that may try to challenge your allegations
- Insurance claim battles in which you or your loved one may be wrongfully blamed for their own injuries and losses
- Any bullying or unfair insurance tactics
- The challenge of seeing negotiations or court proceedings through over the course of months or years
- Seeking full, fair compensation for all available damages in your case
Taking legal action will help compensate you or your loved one for the abuse and neglect they suffered, but it can also help stop others from becoming victims of the facility’s abusive practices.
You don’t have to be alone in your case. We will handle the toughest aspects of a nursing home abuse case for you.
Florida Law Protects Nursing Home Residents
Most states, including Florida, have created laws to protect against abuse in nursing home facilities and to promote dignified conditions for residents.
According to Florida Statutes § 400.022, nursing home residents in the state have the following rights:
- The right to independent, personal decision making
- The right to receive communication from family and friends in a free, uncensored manner
- The right to present complaints to the staff of the home and offer feedback
- The right to have social engagement with other residents
- The right to be made aware of their medical conditions and any advised course of treatment
- The right to refuse medical treatment and medication
- The right to be able to provide for their own self-care needs in privacy
- Civil and religious freedom
- And more
Knowing how to advocate for a loved one can be difficult if you are unaware of these and other residents’ rights. We can listen to your family’s story, represent your interests, and provide legal counsel about taking action if their rights are violated in a facility.
Identify The Signs Of Nursing Home Abuse
Family members and loved ones must be especially vigilant for any signs of abuse, particularly since many elderly 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 a note of warning signs like:
- Bruises, cuts, burns, and other unexplained injuries
- 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
- Soiled bed sheets, 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 well-being of your loved one, there is no reason to wait for another incident 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 withFlorida’s Department of Elder Affairs online or by calling.
We Offer Resources To Nursing Home Abuse Claimants
Right now, when it comes to securing justice for your loved one, you might not know where to start. To help you understand your legal options, here are some resources we’ve compiled:
- The Nursing Home Bill of Rights. You might not understand what legal options your loved one has under federal and state law. That’s where the Nursing Home Bill of Rights comes in. Here, you can read about what protections your loved one has, including their protections against instances of abuse or neglect.
- An online complaint form. The Florida Ombudsman Program offers a portal where you can report instances of elder abuse. To file a report, you’ll need to include some important information, including a description of your complaint in 1,000 words or less.
- A one-stop-shop directory of resources. The Florida Department of Elder Affairs has a complete list of resources for those considering their legal options. You can learn about filing a complaint, the addresses of certain help centers, and more.Commonly Asked Questions About Nursing Home Abuse Cases In Florida
Here are some answers to some questions you might have on your mind:
How Should I Proceed If My Loved One Has Dementia Or Alzheimer’s Disease?
Your loved one still has legal rights even if they live with a cognitive disability. Yet, the nursing home might allege that elderly patients are cognitively impaired, and they’re not a reliable source of information.
Nursing homes must provide safe accommodations for all residents – regardless of what conditions they have. If the nursing home won’t accept your loved one’s testimony, we will gather other forms of evidence to prove your case.
What Are The Most Common Forms Of Elder Abuse?
The U.S. Department of Justice (DOJ) lists the most common types of elder abuse in Florida, starting with the most frequent:
- Psychological abuse
- Financial exploitation
- Caregiver neglect
- Physical abuse
- Sexual abuse
It doesn’t matter what type of abuse your loved one suffered. They still have legal rights under the law. Don’t let the nursing home allege that the incident was minor. Your loved one deserves to live out their golden years with peace, respect, and dignity.
Can I Move My Loved One To A New Care Facility While My Case Is Pending?
Absolutely. If your loved one is in immediate danger (or doesn’t want to remain in their nursing home), you have every right to relocate them to a new facility. This does not take away your right to employ legal action. In fact, after reviewing your situation, we may recommend relocating them.
If you’re concerned about cost, don’t be. We can pursue the cost of moving to a new facility with the insurance company.
How Much Can I Pursue for My Loved One’s Damages?
You can pursue every penny you need to pay for your loved one’s losses. When we evaluate your case, we will explain how much you can request from the parties responsible for the abuse.
We don’t want to leave anything unaccounted for in your case. We aim to secure everything you and your family need, both now and in the future.
Connect With A Nursing Home Abuse Attorney In Duval County, FL, Today
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.
If you suspect your elderly family member suffered nursing home abuse or neglect, the Law Offices of Anidjar & Levine can help you with responsive legal care. Call us right now to get a free consultation and secure representation from a nursing home abuse lawyer in Duval County, FL.
We Can Help.