We entrust our aging loved one to the care of nursing homes and long-term care facilities, believing they are in good hands. Unfortunately, the very caregivers hired to protect and care for our loved ones often fall short of their duties and—either intentionally or unintentionally—wind up causing residents serious harm.
Family members must advocate for the well-being and best interests of their elderly loved ones. If your parent, sibling, spouse, or other family member has sustained physical or emotional harm in a nursing home, report the issue to the proper agency or authority. They can investigate the issue and determine appropriate measures. Next, call the Law Firm of Anidjar & Levine to discuss available insurance and legal remedies for compensation. You might be able to file a claim and recover damages on behalf of your loved one.
What kinds of actions qualify as abuse?
Nursing home abuse and neglect is alarmingly common and can appear in various forms. The most common forms of abuse that residents are subject to include:
- Physical abuse:Any act in which the caregiver intends to cause physical pain or injury;
- Psychological or verbal abuse:Verbal assaults, threats, or other acts that cause emotional pain or injury;
- Sexual abuse:Non-consensual sexual contact of any kind;
- Financial abuse:Exploitation or misappropriation of a resident’s money or other personal property; and
- Neglect:Depriving a resident of his or her basic physical or emotional needs.
If you notice any signs of abuse, including bruises, restraint marks, emotional withdrawal, fear of a particular staff member, or a sudden change in behavior, get help. Report your concerns to the nursing home administration and call your local law enforcement if your loved one is in immediate danger. You can also report the suspected abuse to Florida’s Department of Elder Affairs online or by phone at 800-962-2873.
After your loved one is safe, contact us. We will get to work immediately on your claim to hold the liable party responsible for the damage they caused.
Can I pursue a claim against the nursing home if my loved one suffered abuse or neglect?
If you can show that the nursing home or caregiver was either negligent in caring for your loved one or willfully caused harm, you may be able to pursue a claim against the facility and collect damages.
Negligence, in legal terms, applies when a party fails to uphold a duty of care. Failing to change bed sheets on a regular basis, pushing or pinching a resident, improperly administrating medication, using restraints excessively, and using isolation as punishment are all examples of negligent and abusive behavior.
We also have to show that your loved one sustained actual injuries as a result of the abuse or negligence. We can use medical records, eyewitness reports from other residents or staff members, and any other relevant documentation to show that your loved one suffered injuries because of the staff or facility. Note, both physical and emotional injuries are compensable.
How do I begin taking legal action against an abusive or negligent nursing home?
The first step in taking legal action is to talk to one of our lawyers so we can verify that you have a valid case. Our team of skilled, determined attorneys can assess your case and quickly pre-determine eligibility for compensation. If you qualify, we will help you file a claim and fight for the justice and compensation your loved one deserves.
We will begin working on your claim immediately by collecting information and evidence that may support your case. This might include items such as:
- Photos of your loved one’s injuries;
- Videos of behaviors indicative of abuse;
- A journal documenting disturbing things you witnessed in the nursing home, like strange or aggressive staff, items missing from your loved one’s room, unusual behavior from residents, or inexplicable injuries; and
- Records of your correspondence with the caregivers or administration about your concerns.
What kinds of damages can I collect from a nursing home abuse case?
The goal of a nursing home abuse liability claim is to obtain financial compensation for the physical, emotional, psychological, and financial harm your loved one has sustained as a result of the mistreatment. The courts or insurers may award damages for both monetary and non-monetary losses, such as:
- Medical bills;
- Emotional injuries;
- Pain and suffering;
- Reduced quality of life; and
- Funeral expenses and injury-related medical expenses in wrongful death cases.
We can estimate the value of your claim and carefully document your losses. We will demand an appropriate settlement amount to cover the full extent of damages your loved one suffered. Rest assured, when you work with us, we will fight for full and fair restitution to meet your loved one’s current and future needs.
Do I need the help of a nursing home abuse lawyer?
Nursing home abuse cases can be particularly complex. The facility might try to deny the abuse, blame the injuries or emotional distress on aging, claim any injuries are self-inflicted, or destroy evidence to thwart liability. You need a lawyer who can act swiftly to preserve evidence, advocate for your loved one’s best interests, and take all the legal steps necessary within state time limits.
Even if the facility or their insurer admit liability, the nursing home’s legal defense team will likely try to undermine your loved one’s losses and suffering to reduce the value of your claim. Only the aggressive, seasoned injury attorneys at the Law Firm of Anidjar & Levine have the legal skills and tenacity to push for a fair settlement or verdict.
Contact our office at 800-747-3733 today for a free legal consultation on your claim.