Nursing homes should be safe – and many are. Unfortunately, however, some nursing homes are not. The Office of the Inspector General (OIG) within the Department of Health and Human Services has uncovered misconduct and substandard care in many nursing homes that can result in medical injuries, unsafe conditions, and abuse or neglect of residents.
Typical residents stay in a nursing home while they recover from an illness or injury or because they need long-term care. These residents may not be able to advocate for themselves if the conditions of their nursing home become unsafe. If you suspect that your relative is living in one such home and may be a victim of abuse, you have a right to report it and seek damages for their medical care, pain and suffering, and more.
What to Do If Your Loved One Is in an Unsafe Nursing Home
While no one would knowingly place a relative in a nursing home that is not safe, you may start to suspect unsafe conditions over time. Some signs of an unsafe nursing home include:
- Unexplained injuries
- Changes in behavior
- Dirty appearance
- Unexplained illness or diseases, especially sexually transmitted disease
- Changes in spending habits
- Caregivers who refuse to let you spend time alone with your relative
If you think that your loved one is a victim of nursing home abuse, report it to the Florida Department of Elder Affairs by calling 1-800-96-ABUSE (1-800-962-2873). You can also fill out an online reporting form through the Florida Department of Children and Families.
Our Lawyers Can Help You File a Nursing Home Abuse Claim
Seeking damages from the nursing home can be tricky. You may not know how much your case is worth or how to pursue damages. You may not even be sure that your relative suffered from abuse. Our lawyers can help you with all these issues and more when you hire our firm for your nursing home abuse case. We can:
- Listen to your story: Realizing that someone you care about has been living in unsafe conditions can be traumatic. We can provide a listening ear and objective legal advice about your loved one’s situation.
- Evaluate your case: After hearing your story, we can determine whether it seems likely that your loved one has suffered injuries because of unsafe nursing home conditions. Then, we can advise you about your best options for seeking compensation.
- Investigate your loved one’s injuries: Our team will look for evidence to prove the abuse your loved one experienced and who is responsible. For example, we will take pictures of your relative’s injuries and living conditions, gather medical reports, and interview nursing home staff and family members.
- File an insurance claim: We will file a claim for you with the nursing home’s insurance provider.
- Negotiate a settlement: We will negotiate for an out-of-court settlement that fully covers your relative’s losses.
- File a lawsuit: If we cannot negotiate a reasonable settlement, we will file a lawsuit and seek compensation in court.
Recoverable Damages in a Nursing Home Abuse Case
Our team will evaluate your case and estimate the value of your family’s damages. You may be able to recover compensation for damages like:
- Medical bills: Your loved one may require treatment for injuries incurred because of the nursing home’s unsafe conditions. You could seek compensation for diagnostic imaging – such as X-rays, CT scans, and MRIs – surgeries, prescription medication, rehabilitative therapy, home health care, and more.
- Damaged or missing property: Some types of abuse involve stolen items or money. You could recoup these losses.
- Pain and suffering: Compensation may be available for the physical pain and mental anguish your loved one experienced because of the injuries and abuse.
Time Limits in a Florida Nursing Home Lawsuit
Florida Statutes § 400.0236 establishes the statute of limitations for nursing home abuse at two years. This law means that you have two years from the date your loved one was harmed to sue the Miami nursing home for abuse.
However, there are exceptions to this deadline under certain circumstances; for example, if the nursing home concealed the abuse or intentionally misrepresented the facts, the deadline can be extended up to six years.
Our attorneys will examine your case to determine if any abuse occurred, when the incident took place, and how the statute of limitations applies to your situation. Then, we will make sure that you file your nursing home abuse lawsuit on time.
The Law Offices of Anidjar & Levine Can Help with Your Nursing Home Abuse Case
If you suspect that your family member’s nursing home is not safe and they are experiencing abuse, you may be able to recover damages for their medical care, pain and suffering, and more.
We want to help you, so call the Law Offices of Anidjar & Levine today at 1 (800) 747-3733 for a free case review. Our lawyers work on contingency, which means you pay nothing unless we win your case.
We Can Help.