Miami Nursing Home Abuse Lawyer

Nursing home abuse and neglect is a grave and deeply concerning issue that affects countless elderly residents in care facilities across Miami and beyond.

It’s important for victims and their families to seek immediate legal help from an experienced Miami nursing home abuse lawyer. A qualified attorney can help navigate the complexities of the legal system, ensuring that those responsible for the abuse are held accountable.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, our unwavering commitment is to secure justice and rightful compensation for victims of nursing home abuse and neglect. With a wealth of experience, our legal team has consistently handled these sensitive cases, achieving substantial settlements and verdicts for our clients.

We leave no stone unturned in our investigations, ensuring that every aspect of the abuse—ranging from medical costs to emotional distress and other damages—is thoroughly addressed. Our extensive knowledge of nursing home abuse claims enables us to effectively manage the complexities involved as we relentlessly defend your rights.

We offer compassionate and clear guidance throughout the legal process, keeping you and your loved ones informed, protected, and confident at every stage.

Types of Cases Handled by Our Miami Nursing Home Abuse Lawyers

Nursing home abuse is the mistreatment or neglect of elderly residents in care facilities, often resulting in physical, emotional, or financial harm. Our Miami nursing home abuse lawyers handle a wide range of cases, ensuring that all aspects of abuse are addressed.

Physical Abuse

Physical abuse in assisted living facilities involves any form of bodily harm inflicted on a nursing home resident. This assault can include hitting, slapping, or pushing, as well as improper use of restraints.

Mental and Emotional Abuse

Mental and emotional abuse occurs when caregivers subject residents to verbal assaults, threats, or isolation, causing psychological harm. 

Sexual Abuse

Sexual assault in nursing homes involves any non-consensual sexual contact with a resident. This form of abuse is particularly egregious, often causing long-lasting psychological trauma. 

Cases may involve inappropriate touching or coercion, leaving victims vulnerable and traumatized. Our Miami nursing home abuse lawyers are committed to seeking justice for these horrific acts.

Medical Malpractice

Medical malpractice in assisted living facilities can occur when residents receive substandard medical care, leading to harm. Common examples include bed sores due to improper care, medication errors that can cause serious health issues, or misdiagnosis of medical conditions.

Negligence

Negligence in nursing homes involves the failure to provide necessary care, which can lead to harm. This neglect can manifest in various ways, such as poor hygiene, malnutrition, dehydration, or elopement, where a resident wanders away from the facility unsupervised.

Financial Abuse

Financial abuse occurs when someone unlawfully or unethically takes advantage of a resident’s finances. This exploitation might include unauthorized withdrawals from a resident’s bank account, manipulation of financial documents, or theft of personal belongings. 

Wrongful Death

Wrongful death in a nursing home setting arises when abuse, neglect, or medical malpractice leads to a resident’s death. These cases are particularly tragic, as they often involve preventable circumstances. Our team is dedicated to pursuing justice for families who have lost a family member due to the negligence of a nursing home facility.

Understanding Your Legal Rights

Nursing home patients are protected under both federal and state laws that establish their right to receive proper care and live in a safe environment free from abuse and neglect.

One of the most significant federal laws protecting nursing home residents is the Nursing Home Reform Act of 1987. This act mandates that nursing homes participating in Medicare and Medicaid meet specific standards of care. 

It requires that residents receive adequate care and services to attain and maintain their highest possible level of well-being. The act also includes provisions for residents’ rights, such as the right to be free from physical and chemical restraints, the right to privacy, and the right to participate in decisions about their care.

In addition to federal protections, residents in Miami nursing homes are also safeguarded by state-specific regulations. Florida law requires nursing homes to provide services that preserve residents’ health, safety, and welfare. 

The state enforces strict guidelines on staffing levels, quality of care, and reporting requirements for incidents of abuse or neglect. These regulations ensure that facilities are held to high standards and provide a basis for legal action if those standards are not met.

Eligibility to File a Claim 

In cases of nursing home neglect, the residents themselves may be eligible to file a claim. However, in many cases, the resident may be unable or unwilling to file a claim due to their physical or mental condition. A family member or legal guardian can step in on their behalf in such situations.

Additionally, if the abuse or neglect leads to the wrongful death of a resident, the surviving family members may be eligible to file a wrongful death claim against negligent nursing homes. This provision allows families to seek compensation for the loss of their loved one and hold negligent facilities accountable. 

Liability in Nursing Home Neglect and Abuse Cases 

In nursing home neglect cases, multiple parties can be held accountable for the harm caused to residents, depending on the circumstances of the abuse or neglect.

Nursing Home Facilities

The nursing home facility itself is often the primary party held liable in abuse and neglect cases. Facilities have a legal duty to provide safe and adequate care to their residents. When a nursing home fails to meet these obligations—whether through poor staffing practices, inadequate training, or insufficient oversight—it can be held responsible for any resulting harm.

Individual Caregivers

Caregivers, including nurses, aides, and other staff members, can also be liable for abusive or neglectful actions. If a staff member physically abuses a resident or neglects their basic needs, that individual can be held personally responsible for their actions.

Management and Supervisors

Supervisors and management within the care facility can also be held liable if they fail to oversee their staff properly or ignore signs of abuse and neglect. If it can be shown that management knew about abusive behavior and did nothing to stop it, they may be held accountable for the harm caused.

Third-Party Contractors

Sometimes, nursing homes rely on third-party contractors for medical care, physical therapy, or security. If these contractors fail to provide proper care or engage in abusive behavior, they, too, can be held liable.

Corporate Owners

In cases where a care facility is part of a larger corporate entity, the parent company may be liable for systemic issues that lead to abuse or neglect. Corporate owners can be held accountable for policies prioritizing profit over patient care, resulting in substandard conditions and harm to residents.

How Our Miami Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our Miami nursing home lawyers are dedicated to providing comprehensive legal support to nursing home abuse victims and their families.

Free Case Evaluation

The first step in seeking justice for nursing home abuse and neglect is understanding your legal options. We offer a free consultation to discuss the details of your situation, answer any questions you may have, and provide an initial assessment of your case. 

During this consultation, our attorneys will listen to your concerns, review the evidence you have, and advise you on the best course of action.

Case Investigation

Our legal team conducts comprehensive investigations to uncover the full extent of the abuse or neglect. This step includes gathering medical records, interviewing witnesses, reviewing facility inspection reports, and consulting with experts when necessary.

Filing the Claim

Once the investigation is complete, our attorneys will file a claim on your behalf. This process involves preparing all necessary legal documents, outlining the evidence, and detailing the damages suffered by the victim. 

Our experience in nursing home negligence cases allows us to present a compelling case demonstrating the negligence or misconduct of the nursing home or its staff.

Settlement Negotiation

In many cases, nursing home abuse and neglect claims can be resolved through settlement negotiations. Our attorneys are skilled negotiators who will work tirelessly to secure a fair settlement that fully compensates you for medical expenses, emotional trauma, and other damages. 

We will negotiate with the responsible parties and their insurance companies on your behalf to reach a resolution that avoids the need for a lengthy trial.

Trial if Needed

If a fair settlement cannot be reached, our Miami nursing home abuse attorneys are fully prepared to take your case to trial. With extensive trial experience, we will advocate for your rights in court, presenting a strong case to the judge and jury. 

We aim to achieve the best possible outcome for you and your elderly loved one through a favorable verdict or a substantial award of damages.

Common Signs of Elder Abuse Among Nursing Home Residents 

There are 64 Medicare-approved nursing homes in Miami, and 21 of them, or 33%, have received an overall rating of below or much below average. 

Health inspections are of concern, as 24 facilities, or 38%, scored poorly in this category, and 11 nursing homes (17%) have inadequate staffing. Seven nursing homes (11%) received low ratings regarding quality measures. [1]

The worst-rated nursing homes in Miami, FL, include:

Elder abuse in nursing homes can manifest in various forms, each with its own set of warning signs. Family members and caregivers need to be aware of these signs to protect their loved ones and take prompt action if abuse is suspected.

Below are some common signs of elder abuse among nursing home patients, along with examples to help you recognize when something might be wrong.

• ​​Physical Injuries: Physical abuse often leaves visible marks or injuries on the resident. Common signs include unexplained bruises, cuts, burns, or broken bones.
• Emotional and Behavioral Changes: Mental abuse may not leave physical marks but can still significantly impact a resident’s mental well-being. Signs of mental abuse include sudden changes in behavior, such as withdrawal, fearfulness, depression, or anxiety.
• Poor Personal Hygiene: Neglect can often be identified through signs of poor personal hygiene. Neglected residents may appear unkempt, with dirty clothing, unwashed hair, or poor dental hygiene.
• Weight Loss and Dehydration: Unexplained weight loss or signs of malnutrition and dehydration are serious indicators of neglect. A resident not receiving proper nutrition or hydration may lose weight rapidly or appear unusually weak or lethargic.
• Unexplained Financial Transactions: Financial abuse can occur when caregivers or other individuals exploit a resident’s finances. Signs of financial abuse include unexplained withdrawals from bank accounts, sudden changes in financial documents, or missing personal belongings.
• Social Isolation: Abusers may isolate residents from their friends, family, or other residents to control or manipulate them. Signs of social isolation include restricting visitors, preventing the resident from participating in social activities, or limiting their communication with loved ones.
• Fear of Caregivers: A resident’s fear or anxiety around certain caregivers can be a strong indicator of abuse. Signs include flinching when a caregiver approaches, refusing care from specific staff members, or expressing fear about going to bed or being left alone.

What to Do If You Suspect Nursing Home Abuse

If you suspect that your loved one is a victim of nursing home abuse and neglect, it is essential to act quickly to ensure their safety and protect their rights. Here are the steps you should take:

• Call 911 if there is immediate danger
• Report to the nursing home administrator or management
• File a complaint with your local ombudsman’s office
• Contact a nursing home abuse lawyer

Damages You Can Recover Through a Nursing Home Abuse Claim

Victims of nursing home abuse may qualify for compensation across three primary categories:

• Economic Damages: These encompass the concrete financial losses resulting from abuse or neglect, including medical expenses and other quantifiable costs.
• Non-economic Damages: This category addresses the emotional and psychological harm suffered by the victim, which, though difficult to quantify, deeply affects their overall well-being and quality of life.
• Punitive Damages: Unlike the other types of compensation, punitive damages are intended to punish the wrongdoer for particularly malicious or egregious behavior and to deter similar conduct in the future.

The Cost of Hiring a Miami Nursing Home Abuse Lawyer

At Nursing Home Law Center, we understand that the financial burden of legal fees can be a concern for many families dealing with nursing home abuse and neglect. That’s why we operate on a contingency fee basis. 

This means you won’t have to pay any upfront or out-of-pocket expenses to hire our Miami nursing home abuse lawyers. We only get paid if we successfully recover compensation on your behalf, either through a settlement or a verdict. 

This approach allows you to pursue justice for your loved one without the added stress of legal fees, ensuring that our focus remains on securing the best possible outcome for your case.

You Have Limited Time to Take Legal Action in Miami

Florida’s statute of limitations for nursing home negligence cases is generally two years from when the abuse was discovered or should have been found with reasonable diligence. 

However, certain circumstances may alter this timeframe, such as cases involving wrongful death, where the statute may differ.

It’s essential to consult with a Miami nursing home abuse or neglect lawyer as soon as possible. You may lose the right to pursue damages altogether if you miss this deadline.

Contact a Miami Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, we bring years of experience and a proven track record in handling nursing home abuse cases, ensuring that victims and their families receive the justice and compensation they deserve.

Our skilled attorneys are dedicated to providing compassionate and effective legal representation.

If you believe your loved one is suffering from abuse or neglect in a nursing home, don’t delay. Contact our Miami nursing home abuse attorneys today for a free consultation, and take the first step toward protecting your loved one’s rights and well-being.

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

References: [1] Medicare