When our loved ones need the additional care provided by a nursing home or assisted living facility, we expect their caregivers to adhere to a high standard of care. All too often, though, individuals breach that standard and put your loved one in peril.
If you fear that a loved one has sustained injuries or suffered abuse owed to neglect or mistreatment in a nursing home or assisted living facility, our nursing home abuse lawyers in Fort Pierce, FL, may be able to help. We can explain nursing home negligence law in Florida and how it may pertain to your situation.
The Law Offices of Anidjar & Levine offers free, no-obligation consultations. You can discuss your case’s details and learn about how our Fort Pierce nursing home abuse lawyers can help.
How to Identify Nursing Home Abuse
Nursing home facilities strive to care for their residents with universal compassion, but the size of many of these care centers creates a growing risk of residents falling victim to abusive employees. Despite the state of Florida’s requirement that all nursing home residents enjoy a safe environment that meets their basic needs, sometimes residents experience mistreatment at the very hands of those designated to care for them.
If you feel that your loved one might be one of these victims, our Fort Pierce nursing home abuse lawyers can help. We can tackle any case of nursing home abuse, including cases that involve:
Medical Neglect
Did your loved one suffer from an illness that remained undiagnosed for weeks? Did they endure a troubling reaction to the wrong dose of a medication administered by a health care provider? Medical neglect occurs when a caregiver fails to provide consistent care and diagnoses.
Primary Needs Neglect
Did you discover on a visit to your loved one’s room that it was filthy? Were they emaciated from caregivers not feeding them or offering water regularly? Did your loved one suffer from poor hygiene, such as dirty clothes, nails, or hair? Did they have bedsores? These might be signs of primary need neglect.
Physical Abuse
Did you spot unusual bruises on your loved one’s body? Did they suffer a broken arm, fall, or another injury for unexplained reasons? These injuries might be indicators that your loved one has suffered physical abuse.
Emotional Abuse
Has your normally cheery loved one suddenly become sullen or more isolated? These might be signs of emotional abuse, which can happen when another party harasses, insults, bullies, or isolates a nursing home resident.
Financial Abuse
Have you noticed items missing from your loved one’s room? Has your loved one complained that their favorite strand of pearls is missing or that they cannot find their credit cards? If you suspect that someone within your loved one’s nursing home has been stealing or has somehow wrested control of their financial accounts, you might have a case of financial abuse on your hands.
According to the National Institute on Aging (NIA), identifying acts of elder abuse can be difficult, as seniors living in nursing home facilities may be reluctant to report their mistreatment or are incapable of doing so. If you suspect that any of the above scenarios is occurring, it is crucial that you take action to safeguard your loved one and ensure no one else suffers the same abuse in the future.
How to Report Nursing Home Abuse in Fort Pierce
If you suspect your loved one is suffering abuse in a nursing home in Fort Pierce, you can report the facility to Florida’s Agency for Health Care Administration (AHCA) by calling 1-888-419-3456 or 800-955-8771. You can also complete a complaint form online.
If the situation at the nursing home is an emergency, call 911. You can also file a report with the Fort Pierce Police Department.
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The Anidjar & Levine Team Acts on Your Nursing Home Abuse Claim
Beyond your initial consultation, our legal team works on your behalf to document evidence of your claim so that we can fight for the physical, emotional, and economic damages that you and your loved ones deserve. Our Fort Pierce nursing home abuse attorneys will keep the interests of you and your loved one in mind throughout the process and will continue to advocate for you and communicate with you every step of the way.
Our legal team will work diligently to:
Thoroughly Investigate
Your nursing home abuse lawyer will gather ample evidence to document your claim and to determine who is at fault. Liability could rest with a caregiver, doctor, or the nursing home facility and its administration.
Case evidence may include:
- Statements from eyewitnesses and other nursing home residents
- Photographs of your loved one’s injuries
- Medical records
- Nursing home employee and staffing records
- Care logs
- Injury and incident reports
- Photographs of the condition of the care facility
- Testimony from experts regarding your loved one’s injuries, medical needs, and quality of life reductions
Calculate Compensation
Once we demonstrate fault, our lawyers will work just as hard to calculate a full list of the economic and noneconomic damages owed to you. Often these damages include:
- Medical treatment and care of your abused loved one, including emergency medical treatment, physical therapy, cognitive rehabilitation, surgeries, hospitalizations, and follow-up care;
- Trauma, pain, and suffering they endured, including anxiety, mental anguish, and physical pain;
- Financial and personal property losses; including the value of stolen goods, money, and damages caused by identity theft and changes to banking and retirement accounts
- Diminished quality of life, including loss of mobility, loss of cognitive functioning, post-traumatic stress, and loss of enjoyment of life;
- Nursing home fees, including fees paid to the liable facility and costs associated with relocating your loved one; and
- Compensation for wrongful death, including your loved one’s medical expenses, funeral and burial expenses, and your mental pain and suffering caused by their loss.
Negotiate and Communicate
Backed by this thorough investigation and calculations, our nursing home abuse lawyers are ready to make a persuasive argument with the at-fault party’s insurance for the quickest and easiest settlement possible. We will handle all calls, emails, and meetings with the insurance adjusters and represent your best interests during negotiations.
However, if these negotiations fail, we will not hesitate to carry your case to court and protect your right to the compensation you deserve. The statute of limitations for filing a nursing home abuse case is two years, according to Florida Statutes § 400.0236. The clock starts at the time the injury occurred or when you discovered the injury (not to exceed four years).
Our Fort Pierce Attorneys Will Protect Your Loved One’s Rights
Florida nursing home residents have protections outlined in Florida Statutes § 429.28, known as the Residents’ Bill of Rights. These rights include but are not limited to:
- A decent and safe living environment
- Freedom from abuse and neglect
- Unrestricted private communication
- Retention of personal property and clothing
- Access to community services and activities
- Freedom to manage financial affairs
- Ability to share a room with a spouse living in the same facility
- Access to regular exercise and the outdoors
- Assistance obtaining health care
- Ability to exercise civil and religious liberties
- 45 days notice before relocation or termination of residency
If you feel your loved one’s caregivers or care facility has violated their rights, our lawyers can investigate. At best, the violation could be against the law; at worst, it could be a sign of more serious problems with your loved one’s nursing home.
Do Not Delay: Call the Law Offices of Anidjar & Levine for Your Nursing Home Abuse Claim Needs
When faced with a case of nursing home abuse, you want to act quickly. This not only saves your loved one from a potentially dangerous scenario but also prevents the same outcome from befalling another resident of the facility. Whatever you do, do not sign any quick, lowball offers from the at-fault party’s insurance company, as these are often not drafted with your best interests in mind.
Instead, call the Law Offices of Anidjar & Levine for a free case review. Our Fort Pierce nursing home abuse attorneys are ready for your call and can get to work immediately so that you can put your nursing home abuse case behind you and start the recovery process for you and your loved one. We take cases on contingency, meaning we only collect a fee from your potential compensation.
