Nursing Home Abuse Attorney
Nursing Home Abuse Attorney Overview
We have a very significant elderly population in the Sunshine State which continues to grow by the year. While our elderly family and friends are our most cherished loved ones, their advanced age makes them susceptible to abuse and neglect in the wrong hands. Unfortunately, the truth is that nursing homes throughout the state often prey on their own residents. As you can imagine, there is nothing more disheartening than finding out that the people in whom you have put your trust to take care of a loved one have betrayed that trust. The usual result is considerable physical and emotional harm. You can obtain justice by hiring an experienced nursing home abuse attorney to prosecute the negligent facility and its staff for any harm they caused.
Nursing Home Resident Rights
Nursing home residents have basic, fundamental rights granted to them expressly by Florida statute which include but are not limited to the right to:
- Civil liberties and independent decision making
- Private, uncensored, and unmonitored communication
- Be informed about medical care and to make treatment decisions, or refuse treatment
- Present grievances to the care facility and staff without fear of retaliation or repercussions
- Examine any records of inspection of the care facility by any federal or state agency
- Manage one’s own financial affairs
- Engage in social activities, events, and organized affairs with other residents
- Be treated with dignity, respect, and fairness
- Be free from mental and physical abuse, including involuntary seclusion or restraint
How to Identify Nursing Home Abuse or Neglect
Usually friends and family identify whether a resident suffered from abuse or neglect. Those closest to the resident must be vigilant of these signs and more as they are likely the only people with whom the resident interacts and communicates outside of the facility staff. Otherwise, it will continue to happen. Signs include:
- Bruising,
- Unexplained injuries or falls,
- Dehydration,
- Rapid weight loss,
- Unexplained diseases and infections,
- Frequent hospitalizations, and
- Changes in the resident’s behavior and mental well-being.
Pursing a Nursing Home Abuse Claim
Pursuing a nursing home abuse or neglect claim requires strict compliance with a formal pre-suit notice and investigation process pursuant to Florida Statute 400.00233. The process is not that different from initiating a claim for medical malpractice. During this pre-suit investigation period, the claimant must give the facility specific notice of the claims. In addition, the facility must be notified of resident rights which were violated. Finally, any claim requires an affidavit from an expert corroborating that the facility’s negligence caused the resident harm.
This process is both expensive and time-consuming. Furthermore, filing a formal lawsuit against the facility requires a 75 day waiting period pursuant to statute. Quite often, the facility ignores the entire procedure since there is no real penalty for noncompliance. In actuality, it is simply an obstacle put in front of the Plaintiff which would otherwise result in outright dismissal of a lawsuit later if the Plaintiff failed to comply. This is just one of the reasons why it’s important to hire a nursing home abuse attorney with experience.
Burden of Proof & Damages
It is ultimately the burden of the Plaintiff, or his or her representatives, to demonstrate the following four (4) elements in order to prevail in a nursing home negligence lawsuit:
- The Defendant owed the resident a duty of care
- The Defendant breached its duty to the resident
- That breach was the legal cause of loss, injury, damage or death to the resident, and
- The resident sustained loss, injury, damage or death as a result of the Defendant’s breach.
Residents who have been injured or harmed by nursing home abuse are entitled to various damages. Those damages include compensation of medical bills incurred for medical treatment in addition to pain, suffering, and mental anguish. Punitive damages are also awardable in some very particular cases where the abuse is egregious or reckless.
Summary
The time period to bring a nursing home abuse claim is also limited relative to other personal injury actions. Nursing home abuse and neglect claims must be made within two (2) years from the time the negligence is discovered or should have been identified. In some cases, the law allows to expand the time to four (4) years and even as much as six (6) years if there is evidence that the negligence was concealed or covered up.
Report abuse as soon as you suspect it due to the statute of limitations period but also in order to timely identify those responsible. In addition, this will allow for the retrieval of all the evidence necessary to support the claim. The best chance to limit this type of behavior and neglect from affecting other residents in the future is to identify them now and be mindful of the signs of abuse.
The team at Santana Injury Law can get to work today on your claim and get you the most compensation for your injuries. Call now for a free consultation.
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