The facilities and caregivers that we entrust our aged loved ones to do not always wind up giving residents the respect and care they deserve. Seniors are often subject to serious neglect and abuse by the caregivers meant to protect them. Moreover, elder abuse is more prevalent than people realize. An estimated one in 10 seniors has experienced some type of elder abuse, reports the National Council on Aging (NCOA). This figure is a gross underestimate, given that only one in 14 cases of abuse is actually reported.
If you know or suspect that your parent or loved one has suffered abuse or neglect in a nursing home, discuss your case with a Jacksonville nursing home abuse lawyer at the Law Firm of Anidjar & Levine. We may be able to help you hold the wrongdoer liable and pursue financial recovery on your loved one’s behalf. Contact us today at 800-747-3733.
What constitutes elder abuse?
Elder abuse is not necessarily just physical in nature. The National Committee for the Prevention of Elder Abuse (NCPEA) defines elder abuse as “any form of mistreatment that results in harm or loss to an older person.” There are various types of abuse and mistreatment seniors can experience in nursing homes, including:
- Physical abuse: Any kind of force or action that causes bodily injury or pain, including battery and restraints. This can include pinching, hitting, slapping, hair-pulling, and burning.
- Emotional abuse: Verbal, emotional, and psychological abuse includes assaults, threats, coercion, harassment, isolation, humiliation, and intimidation.
- Sexual abuse: This type of heinous abuse occurs when a caregiver inappropriately touches a resident who does not have the capacity to understand or consent. It includes fondling, exposure, intercourse, or any other sexual activity.
- Neglect: Whether willful or passive, depriving a resident from their basic physical or emotional needs can constitute neglect. This can involve anything from failing to change bed sheets to refusing to administer appropriate medical care.
- Financial: Financial elder abuse includes withholding, misusing, or stealing an older adult’s resources. Various types of conduct can constitute financial abuse, such as scamming, forging signatures, and coercing an elder to sign important financial documents.
If you suspect any type of abuse or neglect, get help immediately. Inform the elder care facility’s administration, alert the proper authorities, and speak to a nursing home abuse lawyer. For more information about where to report abuse and how to handle the resulting legal matters, call 800-747-3733.
What are my legal options if my loved one has experienced abuse or neglect?
When your loved one sustains an injury as a result of nursing home abuse or neglect, she might be able to collect financial compensation for her harm. This involves filing a liability claim against the facility or caregiver and seeking damages for losses related to the abuse or neglect. As her child or other responsible family member, you can speak to an injury attorney on her behalf to learn more about how to take action. Similarly, when your loved one dies as a result of nursing home abuse or neglect, you may be able to file a wrongful death claim to recover damages.
The basis for personal injury and wrongful death claims is negligence, which means that the caregiver or facility must have breached the standard duty of care they owed your loved one. Failing to administer medicine, physically battering a resident, and using physical restraints excessively and improperly are all examples of negligent conduct. Many nursing home abuse and neglect cases cause injury, justifying the need to file a claim.
It is important to note, any claim you file against the responsible party is separate and distinct from any criminal charges the wrongdoer may be facing.
Taking legal action against a nursing home facility is a complex undertaking. You must collect ample evidence proving the abuse, file legal documents within a rigid time frame, and deal with the facility’s and their insurer’s denials, defenses, and counterclaims. Our attorneys can help. We have handled numerous nursing home cases in Florida and successfully secured the justice and financial compensation our clients deserve. Contact us for inquiries.
What types of damages can I recover for a nursing home abuse case?
Florida law provides that residents who are victims of nursing home abuse or neglect can pursue compensation for their resulting harm. This includes physical, emotional, and financial losses. Some of these damages include:
- Physical injuries, pain, medical expenses, and rehabilitation;
- Mental anguish;
- Emotional distress and psychological suffering;
- Counseling and therapy; and
- Reduced quality of life.
Some abuse and neglect cases might also qualify the victim for punitive damages. Unlike the aforementioned damages, which an insurer or court will award to the victim as compensation for her losses, punitive damages punish the defendant for willful or malicious conduct or gross negligence. In applicable cases, the court awards punitive damages to the victim in addition to compensatory damages.
Determining the value of a nursing home abuse claim requires investigation of the facts, careful calculation of current and future expenses, and sometimes the help of a financial expert. For a free valuation of your claim and help getting full and fair compensation, call the Law Firm of Anidjar & Levine today.
How can I talk to a Jacksonville nursing home abuse lawyer?
Your loved one should have access to the care she deserves. When her caregivers break that trust and harm her, you can step in and help seek justice. Our caring, qualified team of attorneys at the Law Firm of Anidjar & Levine can help you do just that.
We have a passion for helping Jacksonville families with their legal matters during their difficult times. Our team can assist with all aspects of a nursing home abuse case, from collecting evidence and calculating damages to filing insurance claims and litigation. We will advocate for elders’ rights and help hold negligent facilities liable for the harm they case. Contact us today at 800-747-3733 to learn more about how we may be of service to you.