Cape Coral Nursing Home Abuse Lawyer
If you suspect nursing home abuse, take immediate action. Your first step is protecting your loved one from harm. If the situation is an emergency and your loved one is in immediate danger, call the police. In non-emergencies, you can report elder abuse to the Florida Department of Elder Affairs 24/7 hotline or their online reporting form. Once your loved one is out of harm’s way, you might consider holding the facility legally accountable.
A Cape Coral nursing home abuse lawyer can answer your questions and explain your legal options. Whether it was through intentional actions or negligence, your loved one suffered physical, mental, sexual, or financial harm. Your elderly relative or friend may not be able to speak out, but you can. To learn more, call (800) 516-4783 for a free and confidential consultation.
Getting Legal Help for a Nursing Home Abuse Victim
A nursing home abuse victim needs compassion and support. After you have ensured the safety of your loved one, consider hiring an attorney. You should keep in mind that not all law firms handle nursing home abuse cases. You should look for a firm that handles many types of elder abuse cases, including:
- Malnutrition and dehydration
- Bed sores and sacral ulcers
- Wrongful death
- Sexual abuse
- Overmedicating or giving wrong medication
- Sepsis and other infections
- Improper diabetic care
A Cape Coral nursing home abuse lawyer has your best interests in mind and will speak on your behalf during this stressful time. While nothing can erase a traumatic event, a law firm can seek recoverable damages if applicable.
Kinds of Damages that Might Be Recovered in a Nursing Home Lawsuit
If a nursing home is found to be at fault for your loved one’s harm, you may be eligible to recover damages from a settlement or verdict. These recoverable damages include:
- Medical bills not covered by insurance, Medicaid, or Medicare
- Punitive damages
- Pain and suffering
- Domestic services such as caregivers or specialists
Helping a Loved One After Abuse
Abuse and violence are traumatic for anyone, but it can be particularly taxing on older men and women. Serious health conditions such as heart disease, cancer, and dementia can worsen from physical, mental, sexual, and psychological trauma. It takes time, patience, and sometimes professional help for a senior to recover. Recovery can be challenging whether the facility removes the abuser or your loved one moves to a different nursing home.
Professionally trained abuse counselors help seniors to express their feelings. It is difficult to watch a loved one endure abuse and even the subsequent healing process. Victims may blame themselves, which is a common but damaging belief. They might also feel helpless for not being able to fight back. Counseling can help seniors focus on what they can control: feeling better physically and mentally.
Ways that You Can Help in Addition to Counseling
- Allow your loved one time to process his or her feelings.
- Listen to them without giving advice or judging.
- Treat them and yourself to a special meal or activity that you both enjoy.
How to Determine Who Is Responsible in a Nursing Home Abuse Case
A nursing home abuse lawyer in Cape Coral looks for evidence of abuse. It is always most helpful if the victim makes a statement and names his or her abuser. There are other methods to find evidence. These include medical records, witness statements, and consultations with elder abuse experts. The firm may also take photographs of bruises or other signs of abuse.
Assigning responsibility in a nursing home abuse case can vary. Nurses, caregivers, attendants, and aides can be held responsible for their actions. However, the nursing home administrators and owners might also be liable. It is best to consult a Cape Coral nursing home abuse law firm as the law is complicated.
Florida law recognizes three types of liability:
- Direct liability refers to the person or parties who directly caused the injury to the victim.
- Vicarious liability relates to a specific relationship to the person or party that caused the injury.
- Respondeat Superior is vicarious liability that could hold an employer accountable for its employees.
Both Private and Government Facilities Can Be Held Accountable
Skilled nursing facilities must follow standards of care to ensure the safety of its residents, and many do. More than 72,000 Floridians live in nursing homes, according to a 2016 study conducted by the Henry J. Kaiser Family Foundation. It is difficult to determine how many nursing home residents have suffered abuse. Often victims are too frightened or weak to speak out or find their complaints dismissed.
A Nursing Home Abuse Law Firm Represents Many Clients
People sometimes use “nursing home” to describe all senior living facilities, but there are different types of accommodations:
- Assisted Living Facilities (ALF) supply housing, meals, personal care, and supportive services to seniors who do not need 24-hour nursing supervision.
- Adult Family Care Homes (AFCH) are private residences for a maximum of five residents. These are licensed facilities owned and run by providers who live with the residents.
- Nursing Homes supply 24-hour nursing care and personal care as needed (for example, aid with eating, bathing, dressing, or walking).
- State Veterans’ Nursing Homes are specifically for veterans with service-connected disabilities or those who need long-term nursing care.
- Adult Day Care Centers are non-residential places that offer social and emotional support activities during specific hours.
Discover how a Nursing Home Abuse Lawyer Can Help
If you have decided to hire a Cape Coral nursing home abuse lawyer, you can focus on helping your aging family member. You typically do not have to pay attorney fees unless the firm recovers damages. For more information about your situation, please call (800) 516-4783 for a free, confidential consultation.