Nursing Home Abuse Attorney in Miami, FL
For many families, the decision to entrust their loved ones to the care of a nursing home is difficult. Many families choose this step because they can no longer care for a senior with complex needs, and they want to ensure their loved one is in a place with a higher standard of care than what is available at home. Of course, families expect nursing homes to be a safe environment where a loved one’s physical, emotional, and medical needs will be met.
Unfortunately, nursing home abuse and neglect affect thousands of seniors every year. Vulnerable individuals may suffer from physical, emotional, or financial harm at the hands of those who are supposed to protect and care for them.
If you suspect that a loved one has been the victim of abuse or neglect in a nursing home, contact a Miami nursing home abuse lawyer at Flaxman Law Group right away. Our compassionate attorneys are here to help you and your family with a free initial consultation to help you understand the next steps you can take.
Understanding Nursing Home Abuse in Miami FL
Nursing home abuse can take many forms, and it is often difficult to detect until significant harm has already been done. In Miami, as in many other parts of the country, the elderly population is vulnerable to mistreatment in long-term care facilities. Unfortunately, nursing home residents are sometimes subjected to mistreatment by staff members, other residents, or even visitors.
The symptoms of abuse may be subtle, so family members and loved ones should remain vigilant and report any concerns immediately.
If the worst does happen, you can sue a nursing home in Florida if you or a loved one has been harmed due to abuse, neglect, or violation of the nursing home’s duty of care. Nursing homes in Florida are required by law to adhere to certain care standards, and if they fail to do so, they can be held legally responsible.
However, filing a claim against a nursing home can be challenging l. Nursing homes may attempt to defend themselves against accusations by arguing that injuries were the result of natural causes, pre-existing conditions, or that they acted within their protocols. Additionally, the legal process may involve navigating state and federal regulations related to nursing home care, which can be difficult to understand without a lawyer. Another challenge is that abused seniors are sometimes too afraid or even unable to speak out against their abusers.
All these reasons are why it is important to work with an experienced Miami nursing home abuse lawyer. An experienced attorney knows how to effectively handle all these challenges and knows how to take steps to protect you or your family member.
Protecting Nursing Home Residents
Nursing homes and their staff have a duty to provide a safe and supportive environment for residents. This includes protecting residents from harm. In Miami, strict regulations govern the care that nursing homes must provide, but unfortunately, not all facilities adhere to these standards. Often, it is families and friends who provide the first line of defense against mistreatment at nursing homes. Here is what you can do:
- Visit regularly. Frequent visits allow you to observe a loved one’s behavior and condition, and to identify any signs of abuse or neglect.
- Take note of any worrying signs. Look for physical indicators such as bruises, cuts, or weight loss, as well as emotional changes like withdrawal or fear. Any signs of untreated medical conditions, poor hygiene, or personality changes should be noted. Keep a record of what you observe and even ask your loved one if you can take photos of any poor conditions or any injuries.
- Review the nursing home’s record. Nursing homes are required by law to undergo regular inspections and report any complaints or violations. Review these reports to assess whether the facility meets care standards.
- Report suspected abuse immediately. If you believe your loved one is being abused or neglected, contact the facility’s management, local authorities, and state oversight agencies. Prompt action is necessary to stop the abuse and prevent further escalation.
- Consult with a Miami nursing home abuse lawyer. An attorney can provide you with guidance on how to protect your loved one and hold negligent parties accountable. Legal action can help secure compensation for medical costs, emotional suffering, and other damages caused by abuse or neglect.
It can be easy to second-guess any suspicions, and some nursing homes try to cover signs of mistreatment. If you suspect that something is wrong, seek answers and consult with a lawyer. Ignoring abuse and neglect often makes the situation much worse.
Financial Compensation for Abuse and Neglect
Victims of nursing home abuse and sometimes their families may be entitled to financial compensation. Pursuing compensation not only provides the resources needed for recovery but also holds negligent parties accountable for their actions. It can protect other nursing home residents, who may not have someone to speak up for them.
Depending on the specifics of your situation, you may be eligible for the following types of financial compensation:
- Medical expenses. Victims of abuse or neglect often require medical treatment to address injuries or health complications caused by mistreatment. This can include hospitalization, surgeries, physical therapy, and long-term care costs. You can seek compensation to pay for these expenses.
- Pain and suffering. Abuse and neglect can cause significant emotional distress, including anxiety, depression, and trauma. Victims may also experience physical pain as a result of injuries sustained in the abuse. Financial compensation can help address these damages.
- Punitive damages. In cases of severe abuse, punitive damages may be awarded to punish the responsible parties. These damages are meant to be a financial penalty, but they can also financially push nursing homes to make changes that help protect all residents.
- Funeral and burial costs. In cases where abuse or neglect leads to death, families may seek compensation to cover funeral, burial, and related expenses.
If there are any additional costs you and your loved one have incurred because of the abuse, your attorney may be able to help you seek financial recovery for those as well. Your Miami nursing home lawyer can add up all likely costs and can explain how much compensation you may be eligible for.
Finding the Right Nursing Home Abuse Attorney & How We Help
Not all personal injury lawyers are equipped to handle nursing home abuse cases. It is crucial to choose an attorney who specializes in elder law and has experience with nursing home abuse and neglect claims. An experienced lawyer will have the knowledge and resources necessary to investigate the case thoroughly and build a strong legal strategy.
Nursing home abuse cases often involve deeply emotional situations. Your attorney should not only be knowledgeable but also compassionate. You want a lawyer who will treat your loved one with the respect and care they deserve while handling your case. This can be especially important in cases of severe abuse, including sexual abuse, where your loved one may be traumatized and frightened. You want a lawyer who understands the situation and can be supportive.
In addition, look for an attorney with a track record of favorable settlements and verdicts in nursing home cases.
If you are looking for an attorney with all these traits, contact Flaxman Law Group. Our team has offices right in Miami, and we speak English, Spanish, and Creole. We are a boutique law firm offering personalized attention, but with the resources of a much larger firm. We have secured close to one billion dollars for our clients, and we have an extensive network of medical professionals, accountants, investigators, and other experts we work with to build strong cases. If you or a loved one have been injured, contact us today for a free consultation.
Next Steps to Report Abuse
To report abuse, notify the management of the nursing home as soon as possible. They are legally obligated to investigate allegations of abuse or neglect and take appropriate action. Ask for copies of any reports and investigations. If you are not satisfied with their response or if you fear retaliation, proceed with further steps.
In cases where a crime, such as sexual assault or theft, has occurred, call police. In Florida, you can also seek help from the Florida Department of Elder Affairs (DOEA), the Agency for HealthCare Administration (AHCA), or Adult Protective Services (APS).
Reporting abuse is an essential first step, but you should also consult an experienced attorney. Whether criminal charges are filed and whether an agency takes action against a nursing home, a legal claim is the way to secure compensation to pay for medical care and support for yourself or your loved one.
Contact Flaxman Law Group Today
For a free, no-obligation consultation. We are available 24/7, and there is never a fee unless we win.
Wrongful Death in Nursing Home Abuse Cases
In the most tragic of circumstances, nursing home abuse or neglect can lead to the wrongful death of a resident. When a loved one dies as a result of abuse or neglect, the family members have the legal right to pursue a wrongful death claim against those responsible. This may include the nursing home, its staff, or any other party responsible for the resident’s death.
Families pursuing such claims need an experienced attorney who can represent a family’s interests throughout the legal process. These cases are difficult, and a lawyer can take care of the legal claim so you can focus on your family.
Financial Abuse in Assisted Living Facilities
Financial abuse in assisted living facilities is a serious and often underreported form of mistreatment. Vulnerable individuals may be targeted by caregivers, staff, or even other residents who exploit their financial resources for personal gain. Financial abuse can take many forms, including:
- Theft. This is one of the most common forms of financial abuse. It may involve stealing cash, valuables, or personal belongings from a resident’s room or bank account. In some cases, caregivers may take advantage of a resident’s inability to notice or report the theft.
- Exploitation. Some individuals may manipulate residents into signing over control of their finances, such as signing blank checks, power of attorney documents, or other financial agreements.
- Fraud. Residents may be tricked into paying for unnecessary services, medications, or goods. Scammers may also target elderly individuals with false promises, like fake investments or prizes, and gain access to their financial accounts or savings. Financial abusers may use their position of trust to pressure elderly residents into giving them money or valuable property, or altering their wills to favor the abuser. This can be done through manipulation, threats, or emotional coercion.
- Unauthorized use of accounts. In some cases, caregivers may gain unauthorized access to a resident’s financial accounts, using their credit cards, checks, or bank information to make purchases for their own benefit. Some caregivers may also commit identity theft to take advantage of an elderly resident.
It can be difficult to detect financial abuse, especially if the abuser is someone the resident trusts. However, there are certain signs to watch for. For example, you may notice unexplained withdrawals or charges on the resident’s bank account or credit cards. You may notice missing items or sudden changes in financial behavior, such as the resident becoming unusually secretive or hesitant to discuss money matters.
If you suspect that a loved one has been a victim of financial abuse in an assisted living facility, it’s crucial to take immediate action. Report the abuse and consult with an attorney to get information about how you may be able to seek compensation for any losses.
Types of Claims We Help With
At Flaxman Law Group, our family-based legal team works with families and nursing home residents in any case involving abuse and neglect. We have worked on cases involving physical, sexual, and emotional abuse. We have also successfully recovered compensation in cases of financial exploitation and neglect.
Seeking Justice with Nursing Home Abuse Attorneys
If you have been harmed in a nursing home or believe your family member has been abused or neglected in this kind of home, contact us for a free consultation.
FREE CASE REVIEW
50+ Years of Combined Experience,
Personal Attention to Every Case
Testimonials
4.9
(386 Reviews)
"Friendly and professional customer service. From the receptionist to the paralegals, everyone makes you feel comfortable. Best firm I’ve ever dealt with."
- Catherine M.
"Thank you! This guy is great and really knows what he is doing. I've had to hire several people throughout the years for similar services and Mr. Flaxman is the best by far. I would recommend him to anyone.”
- Jeff W.
"Very prompt reply. Confident in his abilities. Educated me so I wasn't overwhelmed with the lingo. Very personable. Thank you again for helping me out Mr. Flaxman!!"
- Tayla M.
