When you place a loved one in a Miami-Dade County nursing home, you expect they will receive attentive and loving care. However, some nursing home centers fail to deliver even the legally-required level of care. If you suspect your loved one was abused or neglected in a nursing home, you have the right to file a claim against the at-fault party and hold them financially responsible for the resulting damages.
At the Law Offices of Anidjar & Levine, we understand how emotionally fraught this time may be. A nursing home abuse lawyer in Miami-Dade County, FL can guide you through the process, helping you recover losses. Call us today at 1-800-747-3733 for a free nursing home abuse case review.
Understanding the Signs of Nursing Home Abuse or Neglect
Nursing home abuse and neglect can be difficult to spot. You may live too far away to visit often, or your loved one may be too embarrassed to ask for help. In some cases, residents do not understand their legal rights or may fear retaliation from staff.
Pay attention to these signs of nursing home abuse or neglect. If you suspect your loved one is not being cared for properly, call the Florida Abuse Hotline at 1-800-962-2873 or report it online through the Department of Children and Family Services.
- Suspicious bruises, scrapes, cuts, or other physical signs of abuse.
- Being brushed off when you question the presence of injuries.
- Repeated hospitalization for preventable injuries.
- Repeated hospitalizations for unknown reasons or reasons that do not make sense.
- A sharp deterioration in cognitive or physical abilities with no medical cause.
- Lashing out or self-harming.
- Agitation towards specific staff members or other residents.
- Missing items, including medical devices such as eyeglasses or walkers.
- Depression or loss of appetite.
- Rapid weight loss with no medical cause.
- Reduced communication.
- Missing mail.
If you suspect your loved one may be a victim of nursing home abuse or neglect, your first step is to ensure their immediate safety. If required, contact local law enforcement. Next, consider working with a nursing home abuse lawyer in Miami-Dade County, Florida to understand your legal options.
The Florida Nursing Home Resident Bill of Rights
Florida laws outline specific rights granted to residents of nursing homes or assisted care communities. The violation of these rights may be abuse or neglect.
Nursing home and assisted care residents in Miami-Dade County and all of Florida have the right to:
- Safe and decent living conditions.
- Be treated with respect and consideration.
- Retain their personal property in their rooms, including clothing and other items, unless those items present a risk.
- Unrestricted, unmonitored access to private communication, including the phone, between the hours of 9 a.m. and 9 p.m. This includes the right to receive unopened mail.
- The opportunity for regular exercise and time outdoors.
- To share a room with their spouse, if they reside in the same community.
- All civil and legal rights guaranteed by law to any other person in the State of Florida.
- Manage their financial affairs unless a legally appointed representative authorizes the facility to intervene.
- A minimum of 45 days’ notice of termination of residency, unless a doctor requests emergency relocation.
If a loved one’s rights were violated, you may have legal recourse. Contact a nursing home abuse lawyer in Miami-Dade County, Florida to discuss your legal options, including the possibility of recovering damages.
Recoverable Damages in Miami-Dade County Nursing Home Abuse or Neglect Cases
A number of damages are available to victims of nursing home abuse or neglect. While the case value will vary based on your loved ones’ situation, you may be eligible to recover the following damages.
Medical Care
Florida law allows for victims and their families to recover the cost of any medical care related to injuries sustained as a result of abuse or neglect.
Recovery of Lost Financial Assets
If your loved one was a victim of fraud or financial abuse, they may recover lost financial assets.
Pain and Suffering Damages
Victims of Miami-Dade County nursing home abuse or neglect may recover compensation for pain and suffering, mental anguish, and loss of enjoyment of life.
The amount of damages your loved one may recover depends on the details of their case. Contact a nursing home abuse lawyer in Miami-Dade County, FL for specific information about the damages you may recover.
Wrongful Death Claims Due to Nursing Home Abuse or Neglect
Suppose your loved one passes away after abuse or neglect in Miami-Dade County. In that case, you may recover the cost of their funeral bills, medical bills accrued before their passing, loss of companionship, and pain and suffering. Our Miami personal injury lawyers can help you seek justice for your loved one.
Need Help? Contact a Nursing Home Abuse Lawyer in Miami-Dade County, FL Today
If you suspect nursing home abuse or neglect, please ensure the immediate safety of your loved one and report the suspected abuse or neglect by calling the Florida Abuse Hotline at 1-800-962-2873.
Then, consider working with a nursing home abuse lawyer in Miami-Dade County. Our team understands elder abuse cases can be complicated and emotionally tumultuous. We understand the legal rights you have and will fight for you and your loved one’s right to dignity, safety, and compensation.
Call the compassionate legal team at the Law Offices of Anidjar & Levine at 1-800-747-3733 for assistance with your nursing home abuse case.
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