Fort Lauderdale Nursing Home Abuse Lawyer

Nursing home abuse is a grave concern that affects many elderly individuals and their families across Fort Lauderdale, Florida. When a loved one is placed in a nursing home, it is with the expectation that they will receive the proper care, respect, and attention they deserve. 

Unfortunately, this is not always the case, and some residents become victims of various forms of abuse. 

When such a situation arises, it is crucial for victims and their families to seek legal counsel from an experienced Fort Lauderdale nursing home abuse lawyer. These legal professionals hold nursing homes accountable and ensure justice is served.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to obtaining justice and compensation for nursing home abuse victims. Our skilled legal team has a strong history of managing abuse cases with care and securing substantial settlements and verdicts.

We conduct comprehensive investigations to make sure every aspect of the abuse, from medical bills to emotional suffering and other damages, is thoroughly addressed. With our extensive experience in handling nursing home abuse claims, we effectively manage the complexities and relentlessly work to safeguard your rights.

Throughout the entire process, we offer compassionate and clear support, ensuring that you and your loved ones remain informed, protected, and confident at every stage.

Types of Cases Handled by Our Fort Lauderdale Nursing Home Abuse Lawyers

Nursing home abuse refers to any intentional harm or neglect that causes injury or distress to vulnerable nursing home residents. This abuse can take many forms, and our Fort Lauderdale lawyers are experienced in handling a wide range of cases, including:

Physical Abuse

Physical abuse in nursing homes includes any form of violence or rough handling that causes physical harm to a resident. This assault can involve hitting, slapping, pushing, or even using restraints improperly. The improper use of restraints, such as strapping a resident to their bed or wheelchair without medical justification, is a particularly egregious form of physical abuse.

Mental and Emotional Abuse

Psychological abuse can be just as damaging as physical abuse, though it may not leave visible marks. This type of abuse includes verbal threats, humiliation, intimidation, and isolation. Emotional abuse can severely impact a resident’s mental health, leading to conditions such as anxiety or depression.

Sexual Abuse

Sexual abuse in nursing homes is a deeply disturbing violation of a resident’s rights. This abuse involves any non-consensual sexual contact or behavior directed toward a resident. Victims of sexual abuse may be unable or afraid to report the abuse, making it essential for family members and legal professionals to be vigilant.

Medical Malpractice

Medical malpractice in a nursing home facility occurs when residents receive substandard medical care, leading to harm. Common examples include the development of bed sores, medication errors, and failure to diagnose or treat medical conditions promptly. 

Bed sores, also known as pressure ulcers, are particularly common in nursing homes and can lead to serious infections if not treated properly.

Negligence

Negligence in nursing homes often stems from inadequate staffing, poor training, or a general disregard for residents’ well-being. This neglect can result in poor hygiene, malnutrition, dehydration, and even elopement (when a resident wanders away from the facility unsupervised).

Financial Abuse

Financial abuse in nursing homes involves the unauthorized or illegal use of a resident’s funds, property, or assets. This exploitation can include stealing money, forging signatures, or coercing a resident into altering their will. 

Financial abuse is often committed by individuals who have access to the resident’s personal information, such as nursing home employees or even family members.

Wrongful Death

In the most tragic cases, nursing home abuse or neglect can lead to the wrongful death of a resident. When a loved one dies due to the actions or inactions of a nursing home, it is essential to seek justice on their behalf through a wrongful death claim.

Understanding Your Legal Rights

Nursing home residents have specific legal rights protected by both federal and state laws. The Nursing Home Reform Act of 1987 is a federal law that sets out the standards of care that nursing homes must follow to ensure the safety and well-being of their residents. This law mandates that residents have the right to be free from abuse, neglect, and exploitation.

In addition to federal laws, Florida has its own regulations that protect nursing home residents. These state laws provide further safeguards against abuse and neglect, ensuring that facilities meet the required standards of care. Residents or their families have the legal right to file a personal injury lawsuit against the responsible parties if these rights are violated.

Eligibility to File a Nursing Home Neglect and Abuse Claim 

In nursing home abuse cases, claims can be filed by the victim, their legal guardian, or the victim’s immediate family members. In wrongful death cases, a claim can be filed by the executor of the deceased’s estate or their surviving family members.

Liability in Nursing Home Neglect and Abuse Cases 

Nursing home abuse cases often involve multiple parties who may share liability for the harm caused to the resident. For example:

• Nursing home staff members may be directly responsible for intentional acts of abuse or neglect.
• Nursing home administrators may be liable for inadequate training or failing to supervise staff properly.
• Third-party contractors, such as medical providers, may also be held accountable if they contribute to the resident’s harm.
• Corporations or ownership groups that operate the nursing home may be held responsible for systemic issues that lead to abuse or neglect.

How Our Fort Lauderdale Nursing Home Abuse Attorneys Can Help

Our Fort Lauderdale nursing home abuse attorneys are committed to providing comprehensive legal assistance to victims and their families. With years of experience handling nursing home abuse cases, we understand the complexities involved and are dedicated to achieving the best possible outcomes for our clients. Here’s how we can assist you:

• Free Case Evaluation: We offer a free initial consultation to discuss the details of your case and determine the best course of action.
• Case Investigation: Our team will thoroughly investigate the circumstances of the nursing home abuse case, gathering evidence and witness testimony to support your claim.
• Filing the Claim: We will handle all aspects of filing your neglect claim, ensuring that it is done correctly and within the required time limits.
• Settlement Negotiation: We will negotiate with the nursing home’s insurance company or legal team to secure a fair settlement for your case.
• Trial if Needed: If a fair settlement cannot be reached, we are fully prepared to take your case to trial and fight for your rights in court.

Common Signs of Elder Abuse Among Nursing Home Residents 

In Fort Lauderdale, there are a total of 88 Medicare-approved nursing homes. 

Of these, 27 assisted living facilities (30.7%) have received an overall rating of below or much below average. 40 nursing homes (45.5%) fall short in health inspections, and 15 assisted living facilities (17%) have inadequate staffing levels. Seven nursing homes (8%) rated poorly on quality measures. [1]

The worst-rated nursing home facilities in Fort Lauderdale include:

It’s important to be aware of the common signs of nursing home abuse so that you can take action if you suspect your loved one is a victim. These signs include:

• Unexplained injuries, cuts, or bruises
• Sudden changes in behavior or mood
• Fearfulness or withdrawal
• Bed sores or other signs of neglect
• Poor hygiene or unclean living conditions
• Unexplained weight loss or signs of malnutrition
• Unexplained financial transactions or missing money

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 critical to take immediate action. Here are the steps you should follow:

• Call 911 if your loved one is in immediate danger.
• Report the abuse to the nursing home administrator or management. They are required to investigate and take appropriate action.
• File a complaint with your local Ombudsman’s office. Ombudsmen are advocates for nursing home residents and can help address complaints.
• Contact a nursing home abuse lawyer to discuss your legal options and take the necessary steps to protect your loved one’s rights.

Damages You Can Recover Through a Nursing Home Abuse Claim

When pursuing a nursing home abuse claim, victims and their families may be entitled to various types of damages. These damages are categorized into economic, noneconomic, and punitive, each addressing different aspects of the harm suffered.

Economic Damages

Economic damages compensate for the tangible financial losses that result from the abuse or neglect. Examples of economic damages include:

• Medical Expenses: Costs associated with treating nursing home injuries caused by the abuse, such as hospital bills, medication, physical therapy, and any necessary ongoing medical care.
• Relocation Costs: Expenses incurred if the victim needs to be moved to a safer facility or if alternative living arrangements must be made.
• Lost Wages: Victims or family members may recover compensation for income lost due to the abuse, such as taking time off work to care for the abused resident or manage their affairs.

Non-Economic Damages

Non-economic damages compensate for the intangible, non-financial harm that the victim and their family have suffered. These damages are more subjective but are equally important in addressing the full impact of the abuse. Examples include:

• Pain and Suffering: Compensation for the physical pain and emotional distress endured by the victim as a result of the abuse.
• Emotional Trauma: Damages for the psychological impact of the abuse, including anxiety, depression, fear, and loss of enjoyment of life.
• Loss of Companionship: If the abuse led to the death of a loved one, surviving family members might be entitled to compensation for the loss of companionship, affection, and support.

Punitive Damages

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

The Cost of Hiring a Fort Lauderdale Nursing Home Abuse Lawyer

We understand that the cost of legal services can be a concern for many families. At our law firm, we work on a contingency fee basis, which means you pay nothing upfront. We only get paid if we win your case, so you can pursue justice without worrying about the cost.

You Have Limited Time to Take Legal Action in Fort Lauderdale

It’s important to be aware that Florida law imposes a statute of limitations on nursing home abuse claims, meaning you have a limited time to file a lawsuit. You may lose your right to seek financial compensation if you miss this deadline. Our Fort Lauderdale nursing home abuse attorneys can help ensure that your claim is filed on time.

Contact a Fort Lauderdale Nursing Home Abuse Attorney Today!

If you or a loved one has been a victim of nursing home abuse, don’t wait to take action. Our experienced Fort Lauderdale nursing home abuse lawyers are here to help you hold the responsible parties accountable and secure the compensation you deserve. Contact us for a free consultation today, and let us fight for your rights.

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

References: [1] Medicare