Fort Lauderdale Nursing Home Abuse Lawyer
Have you or someone you care about suffered abuse or neglect while in the care of a nursing home? Nursing home abuse and neglect are taken seriously by the state of Florida. Victims and their family have the right to take action against those who physically, financially, sexually, or psychologically harm nursing home residents or those who do not do enough to prevent these issues from happening.
If you have been affected by nursing home abuse, there may be compensation available. You are entitled to a free consultation with a Fort Lauderdale, FL nursing home abuse lawyer to help you understand your rights and the courses of action available to you. Call 1-800-516-4783 to schedule your free consultation today.
What Is Nursing Home Abuse?
Nursing home abuse includes any willful or threatened act by a relative, caregiver, or household member that causes (or is likely to cause) significant impairment to a vulnerable adult’s physical, mental, or emotional health.
Caregivers, including relatives, household members, guardians, neighbors, and employees and volunteers of facilities, have a duty to report nursing home abuse or neglect to the state. Failing to report suspected abuse can leave the caregiver liable for continued suffering and the resulting damages experienced by the nursing home resident.
Physical Abuse or Neglect in Nursing Homes
Fort Lauderdale nursing home residents have the legal right to food, clothing, medicine, shelter, supervision, medical services, and more. When services or items a reasonable person would consider essential to your well-being are withheld, you have the right to protection and compensation.
Sexual Abuse in Nursing Homes
Nursing home residents are protected under the law as “vulnerable adults,” and caregivers have a special duty to protect their health and well-being. This includes protection from sexual exploitation and abuse in nursing homes. Sexual abuse may be a physical assault but can also include voyeurism or exploitation.
Mental and Emotional Abuse in Nursing Homes
Nursing home residents in the state of Florida have the right to protection from mental abuse, including extended involuntary seclusion, censored communications, withholding visitation from legal representation, and more. You have the right to daily exercise, social activities, and compassionate care. If those rights are violated, a Fort Lauderdale nursing home abuse lawyer can help bring those responsible to justice.
Financial Abuse and Exploitation in Nursing Homes
Nursing home residents have the right to protection against exploitation such as abuse of power by a legal guardian. Financial abuse also includes theft of a resident’s belongings, unauthorized use of a credit card, and other types of misappropriation of the nursing home resident’s assets.
If you feel that you or a loved one may be experiencing nursing home abuse, do not delay. Call 1-800-516-4783 to schedule your free case consultation with a Fort Lauderdale nursing home abuse lawyer.
Learn more about the warning signs of elder abuse and neglect.
Your Caregivers Have a Duty to Keep You Safe & Secure
Nursing homes are strictly regulated by the state of Florida to ensure the safety and security of all residents. Each nursing home facility must:
- Staff the facility with experienced and qualified healthcare professionals who have achieved the number of educational hours required by the state.
- Ensure that at least one physician, one nurse, and one dietician—each eligible to practice in Florida—is available.
- Check that all staff member immunizations are current.
- Have documented that all staff have passed a criminal background check.
- Provide nutritious meals, daily exercise, social activities, compassion, access to emergency care and medication, and counseling as needed.
- Foster a healthy, safe environment where all residents are free from abuse and neglect.
- Protect patient privacy and bodily dignity while caring for personal needs at all times, including during bathing, toileting, and other personal hygiene activities.
Failing to maintain these high standards of care, or failing to report when these standards of care are broken, is a violation of nursing home resident rights.
Nursing home abuse lawyers are dedicated to protecting the rights of vulnerable adults and holding those responsible for nursing home abuse to account. Call 1-800-516-4783 now to learn more about how a lawyer can help.
How Long Does It Take to Get Compensation For Nursing Home Abuse?
The financial repercussions of nursing home abuse can be overwhelming for already vulnerable adults. Depending on the type of abuse, you may need to seek additional treatments and therapies, replace lost belongings, or even move to a new facility.
As your legal representative, your attorney will exercise the right to request a speedy trial. This allows the judge to move your case up on the docket. She will consider factors like the age and overall health of the affected person in this request.
When to Report Nursing Home Abuse
It is crucial that you report nursing home abuse or neglect as soon as you suspect there is a problem. If you are a caregiver or family member, you have a legal duty to protect the nursing home resident by reporting suspected abuse. Failing to do so can make you partially liable for the continued violation of their legal rights.
If you are the victim of nursing home abuse or neglect, it is critical that you consult a Fort Lauderdale nursing home abuse lawyer immediately. Nursing home administration and staff are legally responsible for keeping records that may be used as evidence in your case. It is important that lawyers are able to secure this evidence as soon as possible to protect its integrity.
Types of Compensation Available for Florida Nursing Home Abuse or Neglect
In Florida, you may recover both actual and punitive damages for nursing home abuse, neglect, or exploitation.
Your attorney aims to get the maximum compensation possible for the experience you have suffered. This may include (but is not limited to):
- Funds for alternative food, clothing, medicine, shelter, supervision, medical services and other elements essential to your well-being.
- Medications, therapies, mobility aids, counseling, and other medical expenses generated as a result of the abuse.
- Replacement of money or personal assets taken from you unlawfully.
- Punitive damages for pain and suffering, emotional anguish, and the deprivation of or infringement on your rights.
One has a limited period to file a claim for nursing home abuse neglect or abuse in Fort Lauderdale, FL due to Florida’s statute of limitations. Contact a personal injury attorney as soon as possible to protect your rights to pursue legal action.
Who Can File a Nursing Home Abuse or Neglect Claim?
A nursing home abuse claim can be brought forward by the nursing home resident, their legal guardian, or a person or organization acting on their behalf. When a victim of nursing home abuse has died, the personal representative of the estate can pursue compensation even if the victim died of causes not related to the abuse.
It is important that you discuss your unique situation and options with a Fort Lauderdale nursing home abuse lawyer. Lawyers perform an exhaustive investigation in each case to ensure that you receive the maximum compensation available from each liable party.
Call 1-800-516-4783 to schedule a free initial case consultation. Lawyers are ready to go to work to protect your legal right to safe nursing home care.