Nursing Home Abuse Lawyers in Hollywood,FL
Families choose to place elderly loved ones in nursing homes for many reasons. Often, the extra staff and medical experts on staff at these facilities are able to provide a level of medical care, personal support, and safety that families simply can’t offer at home.
Every family entrusts a loved one to a nursing home expecting quality care, which is why it’s so devastating when abuse happens at these facilities. If you or a vulnerable family member have suffered abuse at the hands of caretakers, contact nursing home abuse lawyers in Hollywood, FL to find out what can be done. You can always contact Flaxman Law Group for a free consultation in this situation. Our legal team has decades of combined experience.
What Is Elder Abuse?Elder abuse is a serious situation when a senior is subject to repeated harmful actions or neglect that lead to physical harm or emotional distress. Elder abuse happens in positions of trust, so the perpetrator can be a family member, caregiver, or a person in a nursing home.
This form of abuse can involve direct harm, such as hitting or inappropriate use of restraints. It could include verbal insults, threats, or the deliberate withholding of affection and social interaction, which can impact an individual’s mental health. Neglect is another form of abuse where a resident’s basic needs, such as proper nutrition, hygiene, and medical care, are inadequately addressed. Financial exploitation involves the illegal or unethical use of a resident’s resources for personal gain.
If you suspect that a loved one is experiencing abuse, take action. Reporting your concerns to the appropriate authorities can help protect your loved one. In addition, consider consulting with nursing home abuse lawyers in Hollywood, FL can help you explore whether you might have a claim. If you do, you may be able to pursue compensation that can help provide medical care, therapy, and a better living environment for yourself or your family member.
If you are facing this situation, you can always contact Flaxman Law Group for a free consultation. Our legal team has decades of combined experience in personal injury cases, including nursing home abuse and neglect claims, car accident claims, construction accident claims, wrongful death, slip and falls, and more.
Recognizing the Signs of Nursing Home Abuse in HollywoodRecognizing the signs of nursing home abuse can be challenging because you may only be able to visit a loved one occasionally. In addition, seniors may be frightened and may hide signs of abuse, or the signs of abuse can be subtle. Here are some key signs to be aware of:
- Unexplained physical injuries, such as bruises, cuts, or fractures that are not well explained.
- Sudden changes in mood or behavior, such as increased withdrawal, anxiety, or fearfulness.
- Noticeable decline in personal hygiene, weight loss, or unaddressed medical needs.
- Unsanitary living conditions in the resident’s room, such as an accumulation of trash or broken furniture.
- Unexpected changes in financial status, such as missing personal belongings or unexplained withdrawals from accounts.
- Caregivers who seem overly controlling or who are evasive when questions are asked.
Keep in mind that many signs of abuse can also be indicators of other issues. If you do notice these signs, talk to the facility’s management to get answers. It’s also helpful to document your observations and, if necessary, reach out nursing home abuse lawyers in Hollywood, FL for further advice.
Abuse vs Neglect in Nursing HomesNursing home abuse and neglect are related but slightly different situations. Abuse refers to deliberate mistreatment towards a nursing home resident.
Nursing home neglect, on the other hand, is when a resident’s basic needs are not met due. This happens when intentional or unintentional lack of care leads to physical neglect, where a resident fails to receive adequate nutrition, hygiene, or medical attention.
Nursing home neglect can also lead to emotional neglect, where a resident is made to feel lonely, or medical neglect, where a resident is not given adequate medication or medical care.
Neglect often stems from systemic issues, such as understaffing, or lack of caregiver training and experience.
Common Types of Abuse in Nursing HomesThere are many types of abuse that can happen in nursing homes. In some cases, the following types of abuse can start out gradually and become more physical and violent with time.
- Physical abuse. This can involve hitting, slapping, pushing, or using excessive force to cause harm. It can escalate over time and cause bruises, broken bones, and even fatalities.
- Psychological abuse. This form of abuse often includes verbal insults, threats, or other behaviors that cause emotional pain and suffering. It can leave a senior feeling frightened and lonely.
- Sexual abuse. In nursing homes this form of abuse encompasses everything from non-consensual sexual touching to sexual assault and rape. It can lead to STIs and physical injuries, including contusions and broken bones, as well as emotional trauma.
- Financial exploitation. Also known as financial abuse, it involves misusing a resident’s financial resources for personal gain. It can include stealing personal property and money, forcing a resident to withdraw and hand over money from a bank, or convincing a resident to sign over assets. This form of abuse can cause financial distress and can leave a senior without the resources to pay for essentials.
Sometimes, seniors can be subject to more than one form of abuse. For example, a caregiver may hit a resident and also financially exploit them and verbally attack them.
Abusers often don’t stop on their own. In fact, they often escalate their actions and even find new victims. Unfortunately, victims can suffer from serious injury and because of their medical condition and frailty may experience serious complications and can even pass away due to the abuse.
Once you notice signs of abuse, alert the facility and authorities. You may also want to consult with nursing home abuse lawyers in Hollywood, FL to find out what you can do. The sooner you act, the sooner the abuse may end and the faster a loved one can get medical and emotional help.
Other Forms of Neglect and AbuseWhile physical, sexual, emotional, and financial abuse are the most common forms of abuse in nursing homes, there are other forms of harm to look for, too.
Medical abuse, for example, is gaining a lot of attention in recent years. This occurs when a resident’s medical needs are deliberately ignored or mishandled. It may involve withholding necessary medications, falsifying medical records, or providing inadequate treatment. It can also involve incorrect restraints or administering medication inappropriately, often to keep residents docile.
Another form of abuse that’s often overlooked is resident abuse. While most perpetrators of nursing home abuse are the staff who are hired to care for seniors, in some cases other residents end up causing harm. Violent residents who are not properly supervised or who are not screened can physically harm fellow residents. In these cases, too, it’s useful to consult nursing home abuse lawyers in Hollywood, FL. You may have a claim against the nursing home if the facility failed to take proper action to protect others from a violent resident.
How Can a Hollywood Nursing Home Abuse Lawyer Help?Nursing home abuse lawyers in Hollywood, FL can help you understand what your legal options are and what you can do to protect a loved one. Many families find that when they report nursing home abuse to a nursing home or even authorities, they don’t often get clear answers. They may be told that someone will look into the abuse, but it can be scary to wait. Often, internal investigations or even investigations by authorities do not produce valuable answers.
With nursing home abuse lawyers, however, you have an ally on your side. Nursing home abuse lawyers in Hollywood, FL can investigate nursing home abuse allegations and gather evidence. Attorneys can negotiate with nursing homes and their insurance companies, and they’re often able to get more answers because they know what the laws are. Nursing homes are simply more likely to take attorneys more seriously because they fear legal action.
Of course, when you work with an attorney you may also decide to pursue a claim against a nursing home, caregiver, and other liable parties. In this case, an attorney can guide you through the process and take care of all the details of filing a claim, even taking your case to court, if that’s necessary.
Deciding to file a claim allows you to seek financial recovery, which can help you pay for a loved one’s medical care after the abuse. It can also give you the financial resources to move your family member into a better nursing home, protecting them from abuse.
If you’re interested in speaking with a Hollywood nursing home abuse attorney about your situation, contact Flaxman Law Group for a free consultation. Our team has helped thousands of families and individuals after nursing home abuse, assault, truck accidents, and other incidents. Our full focus is on personal injury law and workers’ compensation claims, so we have the resources to place our full attention on your claim.
Laws Governing Nursing HomesThere are specific laws which regulate the nursing home industry in Florida. These laws provide some protections for residents of these facilities:
- Florida Statutes Chapter 400. These statutes outline resident rights, staff to patient ratios, licensing requirements, and more.
- The Residents’ Bill of Rights. This bill of rights includes the Nursing Home Reform Act and it specifically outlines the rights of residents to enjoy privacy and to be free from unnecessary restraints and abuse.
- Florida Adult Protective Services Act (APS Act). Under this act, the Department of Children and Families (DCF) is given specific duties to investigate claims of elder abuse. This act also requires anyone who sees or suspects elder abuse to report it.
Further, nursing homes in Florida are regulated by The Agency for Health Care Administration (AHCA). The AHCA has the power to investigate complaints against nursing homes and reports of nursing home abuse.
Unfortunately, even with these robust laws, many families struggle to get a family member out of an abusive situation or even to get answers about signs of abuse. This is why many families turn to the civil claims process.
Whether the AHCA investigates a nursing home, filing a claim allows you to hold a nursing home and caregivers accountable. Working with a nursing home abuse attorney also ensures you have someone who understands the law and can help you navigate Florida’s legal system.
Nursing Home LiabilityNursing homes have a duty of care to residents. They’re to provide a safe environment, which includes ensuring that all aspects of care, from daily living assistance to medical attention, are handled correctly.
If a nursing home fails to meet the accepted standards of care or fails to abide by nursing home regulations established by the state, resulting in harm or injury to a resident, they may be found negligent. Nursing homes are also liable for instances of abuse or mistreatment by their staff.
When a nursing home is found to be liable, they may face legal consequences. They (and their insurance company) may need to pay compensation to the victims’ families. Legal action can also prompt changes in policies to prevent future abuse.
It’s reassuring that there are systems in place to hold facilities accountable. If you have concerns about the care provided to a loved one, being able to hold a nursing home accountable can help you to move on. Filing a claim also gives you the resources you need to help your loved one with medical expenses and care costs as they heal.
Caring for an elderly loved one should never result in harm, yet abuse and neglect in nursing homes can and do happen. If you suspect your loved one is suffering mistreatment, it’s crucial to act swiftly. By seeking legal guidance, you can help protect your family member and hold those responsible accountable. The dedicated team at Flaxman Law Group has decades of experience in handling nursing home abuse cases, and we are here to support you every step of the way. Contact us for a free consultation to explore your options and ensure your loved one receives the care and respect they deserve.