A nursing home promises to keep your loved one safe and secure, so when a loved one suffers injuries due to neglect or intentional nursing home abuse, it is troubling. Nursing home abuse often affects the entire family. The family has lost their trust in the nursing home system, and the elderly resident must deal with any physical or emotional injuries that accompany this crime.
If you suspect that your loved one suffered abuse or neglect at their nursing home, seek help from a nursing home abuse lawyer in Orlando, FL immediately.
Call the Law Offices of Anidjar & Levine at 1-800-747-3733.
How We Can Assist You With Your Nursing Home Abuse Case
We offer free, confidential consultations to any Orlando residents who think their loved one might have suffered abuse or neglect at a local nursing home. This meeting allows us to learn more about your case and gives you the opportunity to voice any concerns you might have about the legal process.
Helping You Report Nursing Home Abuse
It is important to notify the Florida Department of Elder Affairs of any suspected nursing home abuse. We can help you. You can reach the Florida Abuse Hotline at 1-800-962-2873. This report is necessary not only in building your nursing home abuse case, but it could also prevent other seniors from suffering the same abuse.
If your loved one or another resident is in immediate danger, do not hesitate to call 911. Reporting nursing home abuse will open a case with the state and begin an investigation process.
Establishing Nursing Home Abuse Occurred
Florida requires that we establish the nursing home abuse occurred by demonstrating these important elements:
Duty of Care
We must prove that the defendant owed the plaintiff a duty of care. All employed staff members in a nursing home setting have a legal duty of care to residents.
Breach of Duty
We must also demonstrate that a violation of duty occurred. This can be an intentional act of abuse or through negligent actions.
We must then demonstrate that the negligent activity or abuse led to the injuries the resident sustained.
Finally, we must connect that there were actual damages. These are the specific costs that we will attempt to recoup including medical bills, psychological services, and pain and suffering.
We will assist you in establishing each of these four important elements against the responsible party. Just a few ways that we will do this include:
- Medical reports
- Police report
- Witness statements
- Family statements
- Testimony from your loved one
- Photographs of injuries or neglect (e.g., bruises, soiled bedsheets, bedsores, etc.)
What Might Constitute Nursing Home Abuse
There are several different types of nursing home abuse that could leave a nursing home staff member or management liable for damages. These include:
- Excessive use of restraints
- Forcing a resident to take medication
- Berating a resident
- Yelling at a resident
- Threatening a resident
- Any unwanted sexual conduct
- Unnecessary nudity
- Forcing a resident to look at graphic photos
- Inappropriate jokes or comments
- Coercing a resident to change their will to include a caregiver
- Stealing money from the resident
- Unauthorized use of credit cards or checks
- Accompany a resident with fall-risk to the restroom
- Change soiled sheets
- Move resident to avoid bedsores
- Administer medication
You Could Lose Your Right to Recover Compensation If You Wait Too Long
Florida Statute § 429.55 requires that victims or their family members report all nursing home abuse cases within two years from the date of the abuse or the date of the discovery of the abuse. Waiting to contact an injury lawyer can result in the state throwing out your case. It is essential to contact a nursing home abuse lawyer as soon as possible.
Do Not Delay — Discuss Your Case with an Orlando Nursing Home Abuse Attorney Today
When you and your family choose a nursing home, you expect them to treat your loved one with the dignity they deserve. Learning that a loved one suffered abuse or neglect from the same people you trusted to keep them safe is a terrible feeling. It is normal to feel angry and to want to seek justice for your loved one.
Although we cannot reverse the damage of the abuse or neglect your loved one suffered, we can assist you in seeking justice and in getting your loved one the compensation that they deserve. If your loved one died from the abuse or neglect, we may be able to file a wrongful death claim against the nursing home. By filing a claim against the nursing home, you can also prevent the same thing from happening to other senior residents.
Call one of our Orlando injury attorneys today at The Law Offices of Anidjar & Levine at 1-800-747-3733.