You expect your loved one’s nursing home to offer the same care and safety that you would. When a loved one suffers injuries from nursing home abuse, it can impact your family both emotionally and financially.
Our team of lawyers understands the concerns you have surrounding your loved one’s nursing home abuse. Let us fight for the justice that you deserve. Call the Law Offices of Anidjar & Levine at 1-800-747-3733 to speak with a nursing home abuse lawyer in Lauderhill, FL.
Florida’s Nursing Home Basic Rights
Florida has strict legal requirements for nursing homes. All nursing homes in the state of Florida must have the following:
- Qualified health professionals
- Access to nutritional meals
- Access to medication & emergency medical care
- Sense of privacy
- Access exercise
- Clean and comfortable home-like environment
- Abuse-free environment
Failing to provide seniors with these legal rights can be considered neglect.
Types of Nursing Home Abuse Cases
Nursing home abuse is not always physical abuse. It can also be in the form of neglect. The following situations may be considered nursing home abuse:
- Physical abuse
- Denial of necessary medications
- Denial of needed medical services
- Sexual abuse
- Emotional abuse
- Financial abuse
Nursing Home Abuse Statute of Limitations
Florida requires that we file all nursing home abuse lawsuits within two years from the date of the abuse or from the date the abuse was identified.
There are some situations, such as misrepresentation or fraud, in which the state will allow us to extend this time limit. However, those situations are rare, so it is important to discuss the details of your case with a nursing home abuse lawyer in Lauderhill, FL as soon as possible.
Determining Fault in Nursing Home Abuse Cases
To determine fault in a nursing home abuse case, we must demonstrate the following elements were present:
- Duty of care: The nursing home has a legal duty of care to provide a safe environment to your loved one.
- Breach of duty: We must demonstrate that the nursing home breached this duty of care, either intentionally or through negligence.
- Causation: We must demonstrate that the negligent activities caused the damages.
- Damages: We must establish that actual damages resulted from the breach of duty. These are the costs we will seek to recover.
The Importance of Reporting Nursing Home Abuse
If you suspect nursing home abuse, it is important that you report it as soon as possible. If you believe a nursing home resident is in danger, remove them from the situation immediately. Call 911 if there is an immediate danger.
Filing a report with the state will open an investigation into the abuse. This report could assist with your abuse case and protect other nursing home residents from suffering the same abuse.
How We Assist You With Your Nursing Home Abuse Case
Our legal team is ready to assist you in this trying time. Our lawyers can help you in the following ways.
The confidential and complimentary consultation is an essential part of the legal process. It gives us the chance to get to know you and understand the details of your case. From there, we can determine the best legal steps to take and begin to investigate the case.
Investigate the Details of Your Case
Our team of nursing home abuse lawyers is ready to investigate the details of your case fully. It is important that we determine who is at fault for the abuse and then seek justice. We will collect critical information from the following documents:
- Medical records
- Expert witness statements
- Witness statements
- Images/videos of the abuse
- Police report
- Report with the state
File the Necessary Documents
Florida requires victims of abuse to file a case with the state. In many cases, it is the victim’s family that wants justice. For a family member to file an abuse case, we will need to determine a power of attorney (POA).
Additionally, we may need to determine a legal guardian if a power of attorney does not currently exist. We will assist you in filing the necessary documents, so you can hold the liable party responsible. This process could affect the statute of limitations, so it is important that you discuss your case with a lawyer as soon as possible.
There are many damages associated with nursing home abuse. In addition to the medical costs, we will also assist you in calculating other damages, such as costs related to moving your loved one to a new nursing home, as well as compensation for their pain and suffering.
Florida allows us to recover the following types of damages:
- Medical bills
- Wrongful death
- Pain and suffering
- Permanent disability
Why A Lauderhill, FL, Nursing Home Abuse Lawyer May Be Important to Your Case
You expect a nursing home to be caring, safe, and accommodating. We understand the strong emotions that arise when you learn about the abuse of a loved one. The nursing home system has lost your trust, and you want justice for your loved one’s suffering.
It is only right that the responsible party pays for the abuse. While it might not completely rectify the abuse, it can provide you with the necessary compensation to place your loved one in a place that you trust. It can also prevent another senior from suffering the same abuse.
If your loved one has suffered abuse, call one of our nursing home abuse lawyers in Lauderhill, FL, today at 1-800-747-3733.