Bradenton Nursing Home and Elder Abuse Attorneys
Florida regulations require nursing homes to maintain patients’ quality of life, meet their basic needs, and provide a reasonable quality of care to ensure that they are not put at risk. Despite these regulations, many nursing home patients are injured due to understaffing, lack of employee training, and neglectful and abusive behavior on the part of the staff.
As a concerned family member, you want to protect your loved one and make sure they are getting quality care. Neglect and abuse can have serious consequences on their health and well-being, so trying to get the problem addressed as soon as possible is important. So too is seeking help from an experienced Florida nursing home abuse attorney who can make sure you get the compensation you deserve and the nursing home is held accountable for not meeting standards of reasonable quality care.
Nursing Home Neglect and Abuse
Nursing home negligence is abusive, but it is not technically considered abuse. Negligence is when a staff person doesn’t do something he was supposed to do. Abuse, on the other hand, is when someone purposely causes harm. If a nursing home staff person fails to turn a patient in bed or change his position in a chair, he is being negligent. If, however, he pushes a patient so hard that the patient falls and breaks a bone, the staff person is being abusive.
There are many different kinds of neglect, such as not helping with hygiene or not attending to a patient’s basic needs. Malnourishment, dehydration, skin lesions or rashes, and the smell of urine or feces are common signs of neglect.
There are also many different types of abuse. Physical abuse, whether from pushing, hitting, kicking, or restraining, typically leaves signs, such as broken bones, bruises, and cuts. Other types of physical abuse, such as denying food or drinks or overmedicating, are not as easily noticed.
Other forms of abuse are also more difficult to detect, since depression, anxiety, and withdrawal associate with psychological or sexual abuse are often attributed to other factors. If your family member has a noticeable change in mood or behavior, you should not ignore the situation. A staff member, visitor, or other resident could be abusing your loved one.
If you notice any signs of possible negligence or abuse, don’t ignore them. Talk with an experienced nursing home abuse attorney about ways to help your family member and hold the guilty parties accountable for their actions.
Nursing Home Abuse Claims
If your family member has been hurt due to neglect or abuse while a nursing home resident, he or she may file a claim against the nursing home. A claim can be settled outside of court if the nursing home takes responsibility for the neglect or abuse and offers a satisfactory settlement. If not, the case can be tried in court, with a jury deciding on the appropriate amount of compensation for the abuse or neglect. It is possible in these cases to obtain compensation for hospital bills and other healthcare expenses, as well as for pain, suffering, disability, and loss of the ability to enjoy life.
Keep in mind that Florida has a statute of limitations for nursing home abuse claims of two years from the date the neglect or abuse occurred or two years from the date you discovered or should have been aware that an injury had occurred because of abuse or neglect. The statute of limitations may be extended beyond two years if it takes longer to discover the injury, but it cannot exceed six years.
Get Help from a Bradenton Nursing Home Abuse Lawyer
When you move a family member to a nursing home, you have every right to expect that they will be reasonable cared for. If, instead, they are hurt physically, psychologically, or financially because of negligent or abusive actions at the nursing home, you have the right to sue the home for damages.
If you suspect that a family member is a victim of nursing home neglect or abuse, address the situation as soon as possible to protect your loved one. Also consider legal action to get compensated fairly for pain, suffering and loss and to hold the nursing home accountable for its actions.
Call us at 352.888.4878 or submit our FREE CASE REVIEW form online for a free, no obligation consultation with one of our experienced nursing home abuse attorneys. Let us put our 80 years of combined legal experience to work for you and your family. We’re available 24/7 to help.