Florida is among the most popular retirement destinations in the United States, meaning there are hundreds of nursing homes and similar facilities here dedicated to providing around-the-clock care for seniors who cannot live on their own anymore. While most of these facilities treat all their residents with the respect and consideration they deserve, there are far more exceptions to that trend than anyone would like to believe. Sadly, nursing homes often end up causing catastrophic harm to vulnerable people in their care.
If you believe you or a family member have experienced any form of neglect or abuse inside an assisted living facility, you should make speaking with a Trinity nursing home abuse lawyer a top priority. In addition to helping you put a stop to the mistreatment and prevent any further harm, our dedicated personal injury attorneys could also help you demand comprehensive compensation for any physical, financial, and personal losses already sustained.
Florida Laws On Nursing Home Abuse
Like all other people who live in Florida, nursing home residents have basic rights that their care center should observe. Most residents are vulnerable due to their physical or cognitive conditions, and nursing homes should protect them.
According to Florida Statutes § 400.22, the following are some of nursing home residents’ basic rights:
- Right to health services
- Right to present grievances
- Right to religious and civil liberties
- Right to private communication and visits
- Right to participate in social, community, and religious activities
- Right to take part in healthcare decisions and to refuse treatments
If a resident or their family members feel their nursing home has violated one or more of their basic rights, Florida law gives them a civil remedy to bring a suit under Florida Statutes § 400.23. To prevail in a legal claim, the resident must establish the nursing home’s liability. Our diligent team of nursing home abuse attorneys in Trinity has decades of experience and knows how to develop strong claims. They care about the residents of this community and could work hard to get them justice.
Identifying Different Types of Nursing Home Mistreatment
Nursing home abuse can be difficult to identify, even for diligent family members paying close attention to their loved one’s condition. Abuse inside these facilities can be physical, emotional, psychological, financial, or even sexual, with relatively few obvious symptoms. Additionally, residents being neglected or abused may be too afraid of retaliation or too cognitively impaired to report what is happening to them and advocate for their rights.
Because of this, it is crucial for anyone with a family member in assisted living to know the common signs of possible mistreatment. While these symptoms do not necessarily guarantee that abuse is occurring, anyone who notices any of the following should follow up with nursing home staff members or administrators:
- Damaged personal property
- Sudden changes in a resident’s weight
- Unexplained or consistent small injuries like bruises or welts
- Regression to childlike behaviors like rocking or thumb-sucking
- Unsanitary conditions in public or private areas inside the facility
- Staff members being evasive when asking questions or refusing to leave residents alone with visitors
- Any signs of dehydration or malnutrition, such as dry eyes or cracked skin
- Sudden changes in a resident’s personality or mood, especially if it seems pronounced around a specific staff member
A seasoned Trinity nursing home abuse attorney could review a particular set of circumstances during a private consultation and offer guidance about what action might be appropriate.
How Do I Report Nursing Home Abuse?
Family members who suspect their loved one is suffering abuse or neglect should take action promptly.
Reasons to File a Report Promptly
If someone believes abuse or neglect is occurring at their loved one’s care center in Trinity, they should report the nursing home and seek assistance from a qualified attorney immediately. Some families might hesitate to file a report because they are not absolutely sure that something bad is happening. They might worry about getting a staff member fired or making the nursing facility lose its operating license for a false allegation. However, if suspicions of neglect or abuse are correct, waiting could make the situation worse for their loved one and other residents. A delay in filing a report could give negligent or abusive staff members the opportunity to destroy or hide any incriminating evidence. For instance, if a nursing home learns they might be the subject of an upcoming investigation, they might try to cover up anything wrong.
If a family decides not to file a report, change will most likely not occur. The cycle of abuse could continue either with the family’s loved one, or it could transfer to additional residents.
Logistics for Filing a Report
Concerned family members should file a report with the state Department of Health. Filing a report on a nursing home can be done online through the Florida Health Care Complaint Portal. People can also call a nursing home neglect or abuse hotline at 1-800-96-ABUSE. The resident’s identity will be kept confidential. If the resident is in imminent danger or in need of immediate help, the family should call 911 first for emergency assistance.
While waiting for the state to follow up on the allegations of abuse and neglect, families should consult with a local lawyer to get immediate assistance. Dedicated legal counsel could help get their loved one out of an unsafe nursing home. In addition, reporting a negligent nursing home is only the first step toward stopping the pattern of abuse. A nursing home resident who has endured abuse might be eligible to collect compensation by filing a civil suit, which could get the injured resident the care they need.
Recovering for All Available Damages
Once an abused or neglected nursing home resident is removed from immediate danger, any physical injuries they suffered could be the basis for a personal injury claim against the people or companies responsible for causing them. Compensable losses may include both economic damages like medical bills and non-economic damages like physical pain and psychological distress.
If nursing home abuse directly causes a resident’s premature death, surviving family members may have standing to sue for damages they will experience due to their loss, such as loss of companionship and emotional anguish, as well as funeral and burial costs. Once again, a qualified nursing home neglect lawyer in Trinity could provide more information about possible recovery options during an initial meeting.
A Trinity Nursing Home Abuse Attorney Could Help Seek Justice
Nursing home residents are completely dependent on facility staff members and owners to provide them with day-to-day care. Any abusive or neglectful actions from those caretakers can have devastating results. Anyone who mistreats a nursing home resident in any way should be held accountable for their actions.
A Trinity nursing home abuse lawyer at Perenich Law Injury Attorneys could be an essential ally throughout the process of demanding fair restitution for the unfair treatment of your loved one. Call today to learn more. We are 3 brothers dedicated to helping others.
(727) 669-2828