Nursing home abuse happens frequently in Florida. Unfortunately, it often goes undetected by the victim’s family. If you have a loved one who suffered abuse in a nursing home, residential care center, or at the hands of a live-in caregiver, you need a lawyer to help ensure their well-being and protect their legal rights.
The dedicated, compassionate lawyers of the Law Firm of Anidjar & Levine understand how devastating this can be. We can file a claim on your loved one’s behalf to obtain fair financial compensation for the injuries and damages they have suffered.
What Legal Options Do I Have After Nursing Home Abuse?
Under federal and state laws, all residential care patients have the legal right to a safe environment and reasonable care. Anyone who neglects or abuses a patient in a nursing home or residential care setting has committed a crime, either at the state or federal level—or both. We can hold them responsible for their negligence.
If you suspect abuse or neglect is occurring, call the police for immediate assistance. Next, contact our office so we can begin working on your loved one’s case.
How Can a Lawyer Help My Loved One?
While the police handle the criminal investigation, you must move your family member to safety and ensure that he or she receives medical attention immediately. We can help you accomplish these goals and provide critical support to your family during this difficult time. We usually recommend that your family member undergo a full medical and psychological evaluation. This may prove invaluable for supporting your legal claim against the nursing home or caregiver.
At this time, we will also start collecting other relevant evidence to build a strong case to support your loved one’s legal claim for compensation. Although no financial compensation can undo the harm done, it will provide peace of mind for their future. It will ensure that they receive the treatment they need for their injuries—both physical and emotional—and provide for their care in a safe, secure facility or at home, with a reliable caregiver.
What Is the Value of a Nursing Home Abuse Claim?
We will consider several key factors in determining the dollar value of your family member’s abuse claim. The first consideration is the nature and extent of the victim’s injuries. We will document this using medical records, statements from the victim’s doctors, and testimony from medical experts about the treatment required in the future.
Next, we will consider the victim’s medical costs to date, the cost of transporting them to the hospital or medical facility, and other costs directly related to their abuse. Your legal claim will also include pain and suffering and the value of any long-term or permanent disability the victim experienced as a result of the abuse.
If you have questions, we can explain in more detail how to determine the value of your loved one’s legal claim.
How Do I File a Claim for Nursing Home Abuse?
How your loved one’s claim proceeds depends on the specific details of the case. From a criminal perspective, the abuser may have committed assault, medical malpractice, or other criminal or civil violations.
In most cases, we will file your claim with the nursing home’s insurance carrier. If any doctors or medical personnel contributed to the abuse, we may also submit your claim to their medical malpractice insurer.
It is important that you enlist the help of an attorney before filing a claim. This will demonstrate to the insurance company that you are serious about obtaining fair compensation for the victim and that you are willing to pursue the matter to the fullest extent of the law.
It is imperative that neither you nor the victim speak to any lawyers or representatives of the care facility or insurance company without us present. They may attempt to negotiate a settlement with you or the victim directly and convince you to sign away your family member’s legal right to compensation.
How Common Is Nursing Home Abuse?
According to the Department of Elder Affairs (DOEA), authorities received almost 54,000 reports of nursing home abuse in our state between 2015 and 2016.
Some of the most commonly reported types of elder abuse in residential care facilities are:
Cuts and bruises;
Lack of supervision; and
Although some types of abuse are noticeable to the victim’s family, other types leave no visible or obvious signs of abusive behavior.
Learn to Recognize Nursing Home Abuse.
Most cases of elder abuse relate to neglect. However, your family member may encounter any type of physical, psychological, sexual, or financial abuse in a care setting.
These are some of the most common signs of abuse noted in prior Homestead residential care facility abuse cases.
Cuts and bruises
Slip and fall injuries
Burns and scalds
Excessive anxiety over visitor departure
Unwillingness to sit down
Unexplained anxiety or fear
Missing or stolen checks
Missing financial documents
Unexplained credit card activity
Unexplained bank withdrawals
Newly opened credit accounts
Checking in with your family member regularly will help you detect any changes in pattern that could signal a problem. When in doubt, call the police and one of our attorneys for guidance.
Choosing a Nursing Home Abuse Lawyer in Homestead
The sooner we can get started on your family member’s case, the sooner you can hold the abusers responsible for their actions. The Law Firm of Anidjar & Levine will fight aggressively on your family’s behalf to obtain fair financial compensation for the injuries your loved one sustained. We will protect the rights of your loved one and ensure they receive the medical treatment they need to recover as much as possible from this injustice.
Call 800-747-3733 today to schedule your free consultation and case review with a nursing home abuse lawyer in Homestead.