Our Attorneys Fight Abuse and Neglect in Florida Nursing Homes
At The Berman Law Group, our Florida nursing home abuse attorneys have decades of experience handling elder abuse lawsuits and have the resources needed to help nursing home residents and families with their claims. While each case is different, our attorneys have recovered significant awards in nursing home abuse cases. The goal of our Florida nursing home lawyers is to not only to recover compensation for nursing home residents who have been abused, but also to deter other nursing homes in Florida from engaging in similar conduct.
When is a Nursing Home Liable for Elder Abuse and Neglect?
If it can be demonstrated that a nursing home or its employees have acted negligently, they may be held liable for any resulting damages. Damages available in a nursing home abuse lawsuit may include medical bills, pain and suffering, disfigurement, and disability. Florida also allows for punitive damages, which are intended to deter the defendant and others from engaging in similar conduct; however, these are only awarded in rare cases.
The following may be grounds for filing a nursing home abuse claim:
Nursing homes have an obligation to their residents to hire personnel who are properly qualified, have the requisite academic degrees for the position for which they are hired, and have no history of abuse. When a nursing home fails to perform background checks and residents are hurt as a result, the nursing home may be found liable.
A report from the Center for Disease Control (CDC) shows that the average staff to resident ratio is 1 staff member to every 1.64 residents. When a nursing home is understaffed, residents can become vulnerable to neglect because staff members can’t spend an adequate amount of time with each resident. Additionally, the low staff-to-resident ratio causes more work for staff members who may not be compensated for how much work they are required to do. This can lead to stress in staff members, often causing a loss of morale and compassion. Nursing homes can be found liable if a resident suffers an injury or dies as a result of the failure to have an adequate number of caretakers.
In some cases, nursing home employees are not properly trained to work with disabled or unruly residents and do not provide the level of care required by law and expected by a family. Nursing homes can be held accountable when inadequate training of their staff leads to the injury of a patient.
Third Party Responsibility Claim
Florida nursing homes have an obligation to protect their residents, and therefore, can be found liable for the acts of third parties within the residence. For instance, if a resident is injured by another resident or a guest of another resident, the nursing home can be found liable if they failed to provide adequate security to prevent such an incident.
Breach of Statutory or Regulatory Rights
Residents of nursing homes are entitled to autonomy, dignity, and privacy. When an employee of the nursing home violates one of the aforementioned rights, the nursing home may be found liable.
Nursing homes have a responsibility to see that proper medication and doses are administered to residents as prescribed. When there is a prescription drug error that injures a patient, this may allow the victim and their family to sue the negligent party. The origin of a medication error could be the prescribing physician, the pharmacy or pharmacist, or the nursing home.
ur lawyers are investigating potential lawsuits on behalf of Florida residents who suffered from the following types of abuse:
Not limited to battery or other physical contact, this type of nursing home abuse can also refer to force-feeding, overmedication and excessive use of chemical or physical restraints.
Mental abuse in a nursing home can refer to verbal degradation or threats, isolation, sarcastic remarks or insults. Mental abuse can also refer to emotional manipulation, which occurs when a staff member deceitfully influences a resident for their own advantage. For instance, nursing home residents may be manipulated into overlooking forms of nursing home abuse for fear they will not be fed, bathed or groomed. In addition, nursing home residents can be manipulated into acting in ways that don’t create “difficulties” for the employee, but may be harmful to the resident themselves. For instance, a nursing home resident may be afraid to ask for a glass of water or snack for fear they will be reprimanded or hit. As a result, the resident may become dehydrated or malnourished. Likewise, nursing home abuse may also take the form of emotional threats, which occur when a resident is threatened into keeping quiet about abuse within the facility. Residents suffering from emotional abuse may exhibit less obvious warning signs, such as withdrawal; mood swings; low self-esteem; involuntary seclusion; unexplained confusion; anxiety or depression; and odd behaviors such as sucking, rocking or biting.
Sexual abuse in nursing homes can occur when the resident is forced or tricked into unwanted sexual contact or when the individual is too weak or ill to give consent. A nursing home resident can be sexually abused by a staff member, another resident, visitor, stranger, or a family member.
Financial abuse occurs when the person responsible for monitoring an elder’s spending habits exploits their position through the misappropriation of funds, property, or other assets. Examples may include tardy bill payments; using funds or property for their own benefit; cashing checks without consent from the owner; forcing signatures to gain access to funds or possessions; taking advantage of a power of attorney for personal advancement; and tricking a resident into signing a will, contract or other legal document.
Neglect refers to the failure of a senior’s caretaker to execute the degree of care expected from a person in their position. Some of the most common forms of nursing home neglect include failure to assist with personal hygiene; failure to provide ample food clothing or shelter; failure to provide medical treatment; failure to address health and safety hazards; and failure to acknowledge unsanitary conditions.
Nursing Home Abuse Warning Signs
Because signs of nursing home abuse are sometimes dismissed as indicators of old age or dementia, it is important that loved ones recognize the signs of mistreatment in a residence. There are several types of nursing home abuse, each with their own set of symptoms that may indicate that a resident is being abused.
The following are the common signs of nursing home abuse:
· Bruises or bleeding
· Emotional withdrawal
· Silence around caretakers
· Bruises on or around an elder’s genitals
· Unexplained diseases or infections