Senior citizens keep their rights when they move to a nursing home or Assisted Living Facility (ALF). They also have special protection from state and federal laws to protect them from unscrupulous caregivers.
If you suspect that a family member is in immediate danger, call the police. Your next call should be to a nursing home abuse lawyer in Brevard County, FL. Any nursing facility that allows or ignores this behavior should be held accountable.
For a free consultation, please call the Law Offices of Anidjar & Levine: 1-800-747-3733. You pay no attorney fees unless we are successful.
Your Loved One May Not Be in a Safe Nursing Home
The Florida Department of Elder Affairs and the Agency for Health Care Administration has annual inspections of 691 nursing homes and 3,080 Assisted Living Facilities (ALF) throughout the state. While these inspections help ensure satisfactory standards of care, it is not a guarantee that abuse and neglect are reported or resolved.
However, nursing home abuse and neglect occurs more frequently than most people think. According to the National Council on Aging (NCOA), one in ten Americans aged 60 and older have been victim of elder abuse and neglect.
Know the Signs of Nursing Home Abuse and Neglect
Nursing home abuse and neglect often goes unreported. The Centers for Disease Control and Prevention (CDC) states that for every reported elder abuse crime that is reported, 23 are not. Many nursing home residents fear retaliation from their abusers.
If your loved one seems afraid to report the abuse or neglect, or has a medical condition that prohibits speech, you will need to recognize signs of abuse and neglect, such as:
- Unexplained bruises, fractures, falls, lacerations, and concussions
- Poor hygiene such as body odor, greasy hair, and soiled clothes or bedding
- Bedrail injuries
- Sudden weight loss
- Signs of dehydration such as dry skin or mouth
- Appearance of overmedication or sedation
- Abrupt and negative change in mood, outlook, and daily activity
- Missing jewelry or cash
- Unexplained credit card charges or cash withdrawals
Please take swift and proper action to make sure your loved one is safe. A nursing home abuse lawyer in Brevard County, FL can recommend the next step. The Law Offices of Anidjar & Levine has helped many families who are concerned about an elderly loved one. For a free consultation, please call 1-800-747-3733.
How a Nursing Home Abuse Lawyer Can Help You and Your Loved One
Nursing home abuse and neglect is a crime. There are significant legal consequences for at-fault nursing home employees and facilities. It is possible that criminal charges may be filed. In extreme cases, the facility might be temporarily or permanently closed.
You have the right to seek compensation regardless of any related criminal proceedings. A nursing home abuse lawyer in Brevard County, FL will help you and your loved one recover compensation from injuries and damages because of the abuse or neglect.
A Nursing Home Abuse Lawyer with Our Firm Will Help Determine Liability
A nursing home abuse lawyer in Brevard County, FL can determine if you and your loved one are entitled to compensation. Recovering compensation is determined by liability. There are several elements we must demonstrate to establish liability in a nursing home abuse case:
- Establish that the nursing home staff and owners owed a duty of care to residences that includes proper nutrition, medical care, and a safe living environment.
- Demonstrate that the nursing home breached this duty of care for some reason, such as ignoring an abusive caregiver and taking no disciplinary action.
- Show that this breach caused the resident to suffer bodily injury.
- Prove that these injuries caused damages in the form of medical bills, pain and suffering, and other losses.
The Law Offices of Anidjar & Levine will go the extra mile for you and your family in seeking recovery. The sooner you call, the sooner we can get to work for you. For a free consultation, please call 1-800-737-3733.
Recovering Compensation to Make Your Loved One Whole
Both the nursing home staff and owners may be financially accountable for abusing and neglecting their residents. While recovering compensation cannot erase the pain and trauma of being abused or neglected, it can ease financial burdens to make your loved one whole.
Each nursing home abuse and neglect case is different, but many claims and lawsuits seek recovery for damages that include:
- Medical bills
- Lifecare costs
- Moving to a different facility
- Pain and suffering
- Property damage
Nursing homes and ALFs must carry liability insurance. A nursing home abuse lawyer in Brevard County may file a claim against this coverage as a first step in recovering compensation. If necessary, a nursing home abuse lawyer with our firm will take your case to court. You have four years to file a personal injury lawsuit in Florida. If you are filing a medical malpractice case, you have two years.
Preparing a Nursing Home Abuse Insurance Claim or Personal Injury Lawsuit
A nursing home abuse lawyer in Brevard County will vigorously pursue compensation through a process that may include:
- Gather evidence of abuse, including photos and witness statements.
- Research prior violations.
- Consult with elder abuse specialists.
- Negotiate with the nursing home’s insurance company.
- Take your case to court if we cannot reach an acceptable insurance settlement.