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Orlando Nursing Home Abuse Lawyer

Attorney Blair N. Mendes, Esq.
Licensed in Florida

Nursing home abuse is a serious issue that affects many vulnerable individuals in Orlando, Florida. When a loved one is placed in a nursing home, families expect that they will be treated with respect and receive the care they need. Unfortunately, this is not always the case.

Nursing home abuse can have devastating effects on residents, leading to physical, emotional, and financial harm. Seeking legal help from an experienced Orlando nursing home abuse lawyer is essential in ensuring that those responsible are held accountable and that victims receive the justice they deserve.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to pursuing justice and compensation for those affected by nursing home abuse. Our seasoned legal team has a strong history of handling these sensitive cases and securing substantial settlements and verdicts.

We conduct detailed investigations to ensure that every aspect of abuse—ranging from medical costs to emotional distress and other damages—is thoroughly addressed. With our extensive knowledge of nursing home abuse claims, we manage the complexities with precision and fight relentlessly to safeguard your rights.

Throughout the process, we offer compassionate and clear guidance, ensuring you and your loved ones feel informed, supported, and confident at every stage.

Types of Cases Handled by Our Orlando Nursing Home Abuse Lawyers

Nursing home abuse occurs when residents are subjected to harm or neglect by those entrusted with their care. This abuse can take many forms, each with its own set of consequences. Our Orlando nursing home abuse lawyers are skilled in handling a wide range of cases, including:

Physical Abuse

Physical abuse involves the intentional use of force that results in pain, injury, or impairment to a resident. This can include hitting, slapping, pushing, or inappropriate use of restraints. Residents who suffer physical abuse may exhibit unexplained bruises, broken bones, or other injuries.

Mental and Emotional Abuse

Mental and emotional abuse includes actions that cause mental distress to a resident. Verbal assaults, threats, humiliation, and isolation are common forms of psychological abuse. It can lead to anxiety, depression, and other mental health issues, significantly affecting a resident’s quality of life.

Sexual Abuse

Sexual abuse in nursing homes is a grievous violation of a resident’s rights. It encompasses any non-consensual sexual contact or behavior. Victims of sexual abuse may be too frightened or ashamed to speak out, making it crucial for families to be vigilant for any signs of this type of nursing home abuse.

Medical Malpractice

Medical malpractice in a nursing home often occurs when residents do not receive the necessary medical care. This medical neglect can result in bedsores, medication errors, or untreated infections. These issues can lead to severe complications and even death if not addressed promptly.

Negligence

Nursing home negligence includes failure to provide the basic necessities of life, such as food, water, and hygiene. Neglect can lead to malnutrition, dehydration, poor hygiene, and even elopement, where a resident wanders away from the facility unsupervised, potentially leading to serious injury.

Financial Abuse

Financial abuse involves the unauthorized or improper use of a resident’s funds, property, or assets. This exploitation can include theft, fraud, or manipulation to gain control over a resident’s financial resources. Senior citizens are often targeted due to their perceived vulnerability.

Wrongful Death

In the most tragic cases, nursing home abuse or patient neglect can result in the wrongful death of a resident. Families facing this unimaginable loss deserve justice and fair compensation for their suffering, and our attorneys are here to provide the necessary legal support.

Understanding Your Legal Rights

Residents in assisted living facilities are protected under federal and state laws designed to ensure their safety and well-being.

The Nursing Home Reform Act of 1987 is a significant piece of federal legislation that outlines residents’ rights, including the right to receive proper care, be free from abuse and neglect, and have their privacy respected.

In Florida, residents are also protected by state-specific regulations that reinforce these rights. Residents themselves, their legal guardians, or their family members can typically file nursing home negligence claims. Our attorneys are well-versed in these laws and can guide you through the process of filing a claim.

Liability in Nursing Home Neglect and Abuse Cases 

In nursing home neglect and abuse cases, liability often extends beyond just the individual who committed the harmful act. Multiple parties can be held responsible due to the interconnected nature of nursing home operations. Examples include:

  • Nursing Home Staff: The most direct liability often falls on the staff members engaging in abusive or neglectful behavior. These signs include physical abuse, emotional abuse, neglect, or improper care that directly harms the resident.
  • Nursing Home Management: Management can be held liable if it fails to properly train, supervise, or vet its staff. Additionally, if it ignores or covers up signs of abuse or neglect, it shares responsibility for the harm done.
  • Facility Owners: Nursing facility owners may be liable if they contributed to a harmful nursing home environment by cutting corners on staffing, training, or resources, leading to systemic issues that result in resident harm.
  • Third-Party Contractors: In some cases, third-party contractors, such as those providing medical services or custodial care, may be responsible if their gross negligence or misconduct contributed to the abuse or neglect.
  • Medical Professionals: Doctors, nurses, or other healthcare providers working in the Florida nursing home can be liable for medical malpractice, such as failing to diagnose or treat conditions like bedsores, infections, or dehydration, which can lead to severe health consequences.

How Our Orlando Nursing Home Abuse Attorneys Can Help

Our team of Orlando nursing home abuse attorneys has extensive experience handling these sensitive cases. We are committed to providing the legal representation you need to seek justice for your elderly loved one. Our services include:

Free Case Evaluation

We offer a free initial consultation to discuss the details of your case. During this consultation, we will listen to your concerns, review the facts, and provide an informed assessment of your legal options.

Case Investigation

Our attorneys will conduct a thorough investigation of the abuse allegations. This step includes gathering evidence, interviewing witnesses, and reviewing medical records to build a strong case on your behalf.

Filing the Claim

Once sufficient evidence has been gathered, we will file a formal claim against the responsible parties. This process involves detailed documentation and adherence to legal procedures, which we will handle on your behalf.

Settlement Negotiation

Many nursing home abuse cases are resolved through settlement negotiations. Our attorneys are skilled negotiators who will work to secure a fair settlement that compensates you for the harm suffered by your loved one.

Trial Representation

Our team is prepared to take your case to trial if a fair settlement cannot be reached. We have extensive courtroom experience and will fight to achieve the best possible outcome for you and your family.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are 61 Medicare-approved nursing homes in Orlando, Florida, and many of these facilities are struggling with their overall ratings and inspections. 27 facilities, representing approximately 44%, have an overall score that falls below or much below average.

Health inspections are a critical concern, as 30 facilities, or 49%, scored poorly. This rating suggests issues related to compliance with state and federal health regulations, potentially affecting residents’ well-being.

Staffing levels also present challenges, with 19 Florida nursing homes, about 31%, receiving below-average ratings. This score reflects difficulties in providing consistent, adequate care for residents, which impacts their day-to-day well-being and long-term health.

However, the situation is more optimistic regarding quality measures, as six nursing homes, or roughly 10%, received low ratings, indicating that while staffing and inspections are problematic, most facilities still perform reasonably well in maintaining residents’ overall quality of care. [1]

The worst-rated nursing homes in Orlando include:

  • Aspire at Colonial Lakes
  • Aspire at Kissimmee Gardens
  • Aspire at Rosewood
  • Aspire at St Cloud
  • Bedrock Rehabilitation and Nursing Center at Orlan
  • Bedrock Rehabilitation and Nursing Center at Winte
  • Courtyards of Orlando Care Center and Rehab
  • Health Central Park
  • Longwood Health and Rehabilitation Center
  • Lotus Nursing and Rehabilitation Center
  • Orlando Health and Rehabilitation Center
  • South Orange Health and Rehabilitation Center
  • The Good Samaritan Society-Kissimmee Village
  • Winter Park Care and Rehabilitation

Recognizing the signs of nursing home abuse is critical to protecting your loved one. Some common indicators include:

  • Unexplained injuries, cuts, or bruises;
  • Sudden weight loss or signs of malnutrition;
  • Bedsores or untreated infections;
  • Changes in mood or behavior, such as increased anxiety or depression;
  • Withdrawal from social activities or isolation;
  • Unexplained financial transactions or missing personal belongings.

If you notice any of these signs, it is essential to take action immediately.

What to Do If You Suspect Nursing Home Abuse

If you suspect that your loved one is being abused in a nursing home, it is important to act quickly. Here are the steps you should take:

  • Call 911: Contact emergency services immediately if your loved one is in danger.
  • Report to the Nursing Home Administration: Notify the facility’s management or administrator of your concerns. They are required to investigate and take appropriate action.
  • File a Complaint with Your Local Ombudsman’s Office: The Ombudsman’s office advocates for nursing home residents and can assist in investigating complaints. They play a crucial role in holding nursing homes accountable for their actions.
  • Contact a Nursing Home Abuse Lawyer: Contact an experienced attorney specializing in nursing home negligence cases. They can provide the legal guidance you need to protect your loved one’s rights.

Damages You Can Recover Through a Nursing Home Abuse Lawsuit

When pursuing a nursing home abuse case, victims and their families may be entitled to various types of damages.

Economic Damages

Economic damages are intended to cover the tangible, out-of-pocket expenses incurred due to the abuse or neglect. Examples include:

  • Medical Bills: Compensation for medical treatment related to the abuse, such as hospitalization, surgeries, medications, and ongoing care.
  • Rehabilitation Costs: Costs associated with physical therapy, counseling, or other forms of rehabilitation needed due to the abuse.
  • Relocation Expenses: Costs for moving the resident to a safer facility, if necessary, to escape the abusive environment.
  • Lost Wages: If a family member had to take time off work to care for the abused resident, they might be compensated for lost income.

Non-Economic Damages

Non-economic damages compensate for the intangible harm suffered by the victim, which may not have a direct monetary value but significantly impact their quality of life. Examples include:

  • Pain and Suffering: Compensation for the physical pain and emotional distress experienced by the victim as a result of the abuse.
  • Loss of Enjoyment of Life: Damages are awarded when the abuse has diminished the resident’s ability to enjoy life, such as participating in activities they once loved.
  • Emotional Distress: Compensation for the psychological impact of the abuse, including anxiety, depression, and trauma.

Punitive Damages

Punitive damages are awarded in cases where the abuse was particularly egregious or involved intentional wrongdoing. These damages are not meant to compensate the victim but to punish the responsible parties and deter similar behavior in the future.

The Cost of Hiring an Orlando Nursing Home Abuse Lawyer

At our law firm, we work on a contingency fee basis, which means you pay nothing upfront. We only receive a fee if we successfully recover compensation on your behalf. This approach allows you to pursue justice without the financial burden of legal fees, ensuring that cost is not a barrier to seeking the help you need.

You Have Limited Time to Take Legal Action in Orlando

In Orlando, as in the rest of Florida, there is a statute of limitations that limits the time you have to file a nursing home abuse claim. It is important to act quickly to ensure that your case is filed within the legally allowed timeframe. Delaying action could result in losing your right to seek compensation, so it’s essential to consult with an attorney as soon as possible.

Contact an Orlando Nursing Home Abuse Attorney Today!

If you or a loved one has suffered from nursing home abuse in Orlando, don’t hesitate to seek legal help. Our experienced attorneys are ready to stand by your side and fight for the justice you deserve. 

Contact us today for a free consultation and take the first step toward holding those responsible accountable for their actions. Your loved one’s safety and well-being are our top priority, and we are here to help you every step of the way.

Call us at (800) 926-7565 or fill out our contact form.

References: [1] Medicare

Client Reviews

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was...

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After I read Jonathan’s Nursing Home Blog, I decided to hire him to look into my wife’s treatment at a local nursing home. Jonathan did a great job explaining the process and the laws that apply to nursing homes. I immediately felt at ease and was glad to have him on my side. Though the lawsuit...

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