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Understanding Nursing Home Abuse Claims In Florida

Nursing Home Abuse & NeglectIn this article, you will learn…

  • What types of abuse can occur in nursing homes,
  • What the signs of abuse in a nursing home are, and
  • How to build a nursing home abuse case.

What Are The Different Types Of Abuses That Occur In Nursing Homes?

In a nursing home, you can have…

  • Physical abuse,
  • Sexual abuse,
  • Financial abuse,
  • Neglect,
  • Emotional abuse, and
  • Other forms of sexual assault and battery.

What Are Common Signs Of Nursing Home Abuse And Neglect?

The common signs of nursing home abuse and neglect are…

  • Lack of care for medical problems,
  • Worsened medical problems,
  • Bed sores, and
  • Lack of bathing and hygiene.

There is also actual assault and battery, which would include…

  • Threats,
  • Beating,
  • Pushing,
  • Slapping,
  • Shaking,
  • Prolonged deprivation of food and water,
  • Rape, and
  • Other forms of sexual assault and battery.

Is Neglect In A Nursing Home Facility The Same As Abuse?

The main difference between neglect and abuse is that abuse is intentional. Abuse is a deliberate act resulting in injury or a serious risk to the nursing home resident. Abuse is often physical or emotional.

Neglect is a type of abuse, but it’s characterized by a lack of action and the failure to fulfill certain caretaker obligations.

If Someone Suspects Their Loved One Is A Victim Of Nursing Home Abuse Or Negligence, What Is The Ideal Step That They Should Take To Build A Solid Case?

In the event that there is some actual sexual or physical abuse, you should call 911 immediately. Sometimes, calling the Department of Children & Family Services can also be an option, because they not only deal with children’s issues but adult issues, as well.

You should also take pictures and get any records that would indicate or demonstrate that there’s been a lack of care or treatment. You should get protection from all the abusers by moving your loved one into a facility and getting them the medical care that they need.

Lastly, report the abuse to the administration of the nursing home.

Who Can File For A Claim For A Nursing Home Abuse?

Either the elderly resident or any of their family members can file a claim for nursing home abuse. Family members can also sue the nursing home on behalf of the nursing home resident.

Can A Patient In A Nursing Home Abuse Also File On Behalf Of Another Patient?

Another patient can report an instance of abuse, but they may not have the legal standing to do so. If a patient suspects a fellow patient is being abused, they could reach out to that patient’s family. A family member would have to be someone who has legal standing to report on the nursing home resident’s behalf. They would be a beneficiary or have a close familial relationship in a guardian capacity.

What Evidence Is Critical In These Types Of Cases And Who Are The Witnesses That Are Particularly Helpful To A Nursing Home Abuse Or Neglect Or Malpractice Case?

In a nursing home abuse, neglect, or malpractice case, the evidence that is most critical is…

  • Eyewitness statements,
  • Depositions,
  • Video footage,
  • Standard operating procedures,
  • Photographs of any physical wounds,
  • Medical records, and
  • Videos.

Witnesses who are particularly helpful in these cases could include…

  • Other residents,
  • Employees,
  • Family members, and
  • Nurses

What Typically Are The Damages A Victim Would Be Entitled To In A Nursing Home Abuse Case?

In a nursing home abuse case, a victim would likely be entitled to…

  • Loss of support,
  • Loss of companionship,
  • Loss of guidance and protection.

If the abuse resulted in the death of the nursing home patient, you would also typically see…

  • Pain and suffering,
  • Medical expenses,
  • Funeral and burial costs, and
  • Loss of earnings.

With the guidance of a skilled attorney for Nursing Home Abuse Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy.  For more information on Nursing Home Abuse Law in Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (904) 357 0090 today.

Stephen A. Smith, Esq.

Call For a Free Consultation
(904) 351-0945 | Available 24/7

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