Entrusting a parent or loved one to a nursing home or residential care facility is difficult even under the best of circumstances. No matter how carefully you choose the care facility or how reputable it may be, it is important that you remain vigilant. Knowing the signs of elder abuse or neglect will help you protect your family member.
If you suspect that the facility or a caregiver may be abusing or neglecting your loved one, take immediate action and report the facility to the appropriate authority. To protect your family’s rights under the law, consider the services of a Naples personal injury lawyer at the Law Offices of Anidjar & Levine. They can explain your legal rights and your options for pursuing compensation for your loved one’s injuries.
You Don’t Pay Us a Dime Unless We Obtain Compensation
Between the costs of treating your loved one’s injuries to moving them into a new nursing home, you might think that you don’t have the funds to hire a lawyer. Fortunately, the Law Offices of Anidjar & Levine works for a contingency fee, meaning there are no upfront or hourly fees involved.
We only take our payment if and when we secure compensation for you. If we are unsuccessful, we walk away empty-handed. Working with us comes with no risk, so we encourage you to get in touch with us as soon as possible.
How to Help Your Loved One if You Suspect Nursing Home Abuse
If you believe your loved one has been the victim of nursing home or caregiver abuse, report your concerns immediately to the proper authorities.
Contact Naples Emergency Services for Protection and Medical Aid
Call 911 immediately if you believe physical or sexual assault occurred or if a nursing home resident is in a significant state of neglect. Emergency services will help ensure that your loved one receives the medical care they need and removes them from the potential of future harm in that setting.
File a Report with the Florida Department of Elder Affairs
For non-emergency reporting of nursing home abuse in Naples, contact the Florida Department of Elder Affairs elder abuse reporting hotline. You may also file a report online or by fax.
Speak with the Nursing Home Itself
If you feel comfortable communicating your concerns with the nursing home, notify an administrator directly. Follow up on any conversations in writing. Document any incidents in writing as well, noting dates, times, details, and the names of any involved staff members and other residents.
Call Our Law Firm to Start Building Your Nursing Home Abuse Case
And, of course, our nursing home abuse lawyers are here to help you in any way we can. We know confronting the reality that a loved one suffered abuse is emotional, and our personal injury lawyers can help you navigate the complex legal system.
Taking on the legal system includes gathering evidence, speaking to experts and eyewitnesses, figuring out who was responsible for the abuse or neglect, and fighting for the best financial outcome, among other tasks. We can work on all of these tasks on your behalf. In addition, throughout the process, you can expect our team to provide responsive legal care and keep you in the loop about your case status.
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Can You Pursue Legal Action If You Suspect Nursing Home Abuse?
Yes, you can pursue legal action after a case of nursing home abuse or neglect. Once you report the abuse or neglect to the proper authorities and your loved one is safe, we can get started on your case right away. We can explain your legal options for seeking compensation for injuries as well as for pain and suffering.
No financial settlement can undo the damage done to your family member. However, it can pay for any medical bills and future care your loved one might need. A settlement can also assist you in placing your loved one in a safe location with caregivers you can trust. You can count on our lawyers to negotiate for the settlement you are entitled to receive. Otherwise, we will file a lawsuit.
Filing a Civil Lawsuit in Collier County
It is important to act quickly, though. Under Florida Statutes §400.0236, you only have two years to act following the abuse or neglect. After that, you and your loved one will lose your right to compensation.
Finally, by pursuing legal action in a residential facility or caregiver abuse case, you may help ensure no one else experiences neglect or abuse by the perpetrator(s). If other residents are experiencing similar treatment, your decisive action may bring their situation to light.
What Constitutes Nursing Home Abuse?
When a nursing home employee or caregiver causes harm to a resident, either through negligence or intentional actions, it may qualify as abuse or neglect. Nursing home facilities are legally required to protect the rights of their residents. Abuse may also occur when a facility fails to maintain the minimum standards for the health, safety, care, and comfort of its residents.
What’s ore, an abuse claim may involve medical malpractice, personal injury, and wrongful death statutes, not to mention the criminal law violations that state prosecutors might pursue. Our lawyers serving Naples work to demonstrate that caregivers, nursing home employees, doctors, and/or the facility’s ownership entity were negligent and harmed your loved one.
What Are Some Signs That Nursing Home Abuse Is Occurring?
Elder abuse and neglect can involve various forms of physical harm, emotional or mental abuse, neglect, sexual abuse, financial abuse, or a combination of any of these categories. There are usually specific signs or symptoms associated with each type of abuse, evidence of which we will collect to bolster your case.
Injuries Related to Physical Abuse
Physical abuse usually causes injury, including:
- Bedsores or decubitus ulcers;
- Untreated infection;
- Medication errors or adverse events;
- Dislocations and fractures, primarily from falls;
- Burns or scalds;
- Traumatic brain injuries; and
- Bruises, cuts, and abrasions.
Behavioral Changes Due to Emotional and Mental Abuse
Emotional and mental abuse can be difficult to prove but can severely affect your loved one’s quality of life. Common signs that emotional or mental abuse is occurring include:
- Depression or anxiety;
- Fearfulness, especially upon visitor departure;
- Inhibited speech;
- Withdrawal; and
- Agitation.
Signs That Your Loved One Is Being Neglected
Neglect occurs when facility staff fails to provide adequate care to residents. Neglect can cause:
- Malnutrition and dehydration;
- Dirty clothing or bedding; and
- Unclean or unkempt appearance of residents.
Specific Injuries That Indicate Sexual Abuse
Sexual assault is also unfortunately common in nursing home abuse scenarios. Some of the common signs of elder sexual abuse include:
- Complaints of pelvic pain
- Bruises, bleeding, or irritation on the thighs, genitals, or buttocks
- Unwillingness to sit down
- Difficulty walking
- Frequent or recurring urinary tract infections
- Unexplained STDs
- Panic or PTSD symptoms
- Social withdrawal
- Unexplained fearfulness
Warning Signs of Financial Abuse
Financial abuse may also occur. This category of elder abuse can prove more difficult to detect. Some of the most common examples include:
- Missing possessions
- Unexplained credit card purchases
- Unexplained bank withdrawals
- Identify theft
- Fraudulent billing for services
In some cases, your loved one may not be able to tell you something is wrong. If you are unsure of what constitutes abuse or worry for your loved one’s safety, don’t hesitate to reach out to us for assistance. We can help you understand your or your loved one’s rights as a nursing home resident.
Get Started on Your Case With Our Nursing Home Abuse Attorney Today
The lawyers serving Naples at the Law Offices of Anidjar & Levine can determine which aspects of the law apply to your nursing home abuse or neglect case to help you get the compensation you deserve. We go the extra mile for our clients, and now it’s time to get to work for you.
We offer a free initial consultation to discuss your case. Contact us today to get started. Remember, you owe us nothing unless and until you are awarded compensation.
