Table of Contents
Table of Contents
Nursing homes provide valuable services to patients and their families. However, even when a patient is at the best facility in the state, they could become victims of abuse. Nursing home attendants are supposed to help and care for vulnerable nursing home patients, but negligent or predatory behavior can leave you or a loved one with physical pain and severe mental trauma. Here at Freidin Brown, P.A., we’ve made it our mission to help Florida residents fight back against these horrific injustices.
Our personal injury lawyers help patients and their families seek compensation for unjust treatment at the hands of nursing home staff and other at-fault parties. No amount of money will ever truly make up for the harm suffered at the hands of another party, but we can help you and your family fight for crucial compensation to treat nursing home abuse injuries. Call us today to see how our nursing home abuse lawyers can help you fight for justice.
What Is Nursing Home Abuse? What Are the Signs?
There is more than one type of abuse a patient can suffer from in a nursing home, and they may suffer from more than one form of abuse at once. Many symptoms overlap, and it’s essential to make note of any suspicious behaviors or actions.
Nursing Home Neglect
Your loved one may also be suffering from neglect or abandonment while living in a nursing home. Some symptoms of neglect and abandonment include:
- Unsanitary or dangerous living conditions: These include pest infestations, unclean bedding, and a lack of clean water.
- Poor health: Signs of neglect can include malnutrition and dehydration, among other symptoms.
- Poor hygiene: When nursing home staff fails to keep patients clean, the patients can develop injuries and become sick.
- Elopement: Nursing homes that do not monitor residents or take measures to prevent elopement (wandering) could be considered neglectful. Wandering patients can be severely hurt or killed, and nursing homes must take every step they can to prevent this behavior.
- Pressure Ulcers or Bed Sores: These can be indicators that nursing home staff are not properly attending to residents by moving them or taking proper preventative actions.
Neglect and abuse encompass many behaviors and actions, so please reach out to us with any questions.
Physical Abuse
Physical abuse is a deliberate, negligent, and reckless action that causes bodily harm to someone. If someone pushes, trips, kicks, or throws things at a resident, this would fall under physical abuse. Even physically restraining someone could be considered abusive. Some signs of physical abuse include:
- Bruises, cuts, or burns
- Broken bones
- Changes in personality or behavior
Physical abuse can result in long-term, chronic injuries that may never fully heal, or it can even lead to someone’s death.
Financial Abuse
Victims of financial abuse and manipulation may feel too embarrassed to come forward, or they may be unable to tell they are being exploited. Signs of financial abuse can include:
- Frequent withdrawals at an ATM or transfers from their account
- Unexpected or sudden changes to legal documents, like adjustments to a will or changes to the powers of attorney
- Past due bills
- Missing valuables
You and your loved one can review the Department of Justice’s Elder Justice Initiative pamphlet on this topic for more information.
Emotional or Mental Abuse
Emotional or mental abuse can hurt nursing home residents, even though there is no direct physical harm. Many forms of emotional abuse are verbal, although there are nonverbal behaviors and actions an abuser can take to target their victims.
Some examples of emotional or mental abuse include:
- Screaming at the patient
- Threatening the patient with harm
- Humiliating the resident
- Isolating the patient from friends and family members
Take note of:
- Signs of depression and anxiety
- Withdrawing from social events or visits
- Refusal to speak to others
- Any signs of fear and suspicion of others
Symptoms can change from person to person, and you know your loved one best. If you suspect any sort of psychological abuse, reach out to the police and our law firm immediately.
Sexual Abuse
Sexual abuse is unwanted sexual contact or behaviors or exposure to sexual actions behaviors and can include:
- Touching the patient’s genitals or breasts or making the patient touch another party sexually
- Showing the patient pornographic images
- Sexual assault or rape
Be on the lookout for symptoms like:
- Bruising on or around the genitals, breasts, and thighs
- Torn or bloody clothing and undergarments
- Sexually transmitted infections or infections of the genitals
- Behavioral changes like anxiety, withdrawal from loved ones, or fear of one or more individuals in the nursing home
This is far from a complete list of possible symptoms and examples of sexual abuse, so please contact a trusted doctor and the authorities with your concerns. We know how difficult it is for victims to come forward, and our firm will give you and your family the compassion, dignity, and privacy you deserve.
Let Our Attorneys Help With Your Florida Nursing Home Abuse Case
At Freidin Brown, P.A., we have a duty to all Floridians to help hold nursing home facilities and other liable parties responsible for horrific abuse and neglect. We entrust our aging, injured, and disabled loved ones to nursing homes, and any violation of their rights and dignity cannot go unacknowledged.
We know this is a painful time, and we do not take your case lightly. We firmly believe in giving our clients the time and attention they deserve– you’re not just another court case on our desks.
If you work with our firm, our lawyers will gather evidence, speak to professionals and witnesses, and prove the other party’s liability. If we can settle your case without court, we will, but we are absolutely prepared to take your case to court and fight for what you are owed.
We Have a Tradition of Helping Abuse Victims Seek Help
With over 45 years in business as a personal injury law firm, we know what to expect going up against large nursing home chains and their insurers. We know what tactics they may try to escape their liability, but we’ll hold firm and make sure your loved ones receive justice.
We have access to experts and professionals across the country to help support your claims, and we are prepared to take your case to trial to get you the maximum compensation possible. Here are just some of our victories in nursing home abuse cases:
- $930,000 for the family of a nursing home abuse victim
- $250,000 for a patient who developed bed sores while in the hospital
- $465,000 after a different patient developed bedsores at a nursing home while they were in a coma
While these previous victories are not a guarantee of success, we vow to explore every avenue of compensation and tally every loss to seek what you are owed. Please call us; we want to see how we can help you and your family today.
Liability in Nursing Home Abuse Cases in Florida
Facing the realities of nursing home abuse is stressful enough, but the idea of holding someone responsible might seem impossible. As your lawyers, we will hold all parties accountable for the harm you or a loved one have suffered. These parties can include:
The Nursing Home Facilities or Owners
In a nursing home abuse case, we often look to the facility itself or the owners of the facility. These parties may have:
- Hired the abusive or unfit staff: Nursing homes may be held liable for the actions of their employees. It’s typically easier to pursue this avenue of compensation than going after the abusive individual, as seeking recourse from the individual may be complicated.
- Failed to hire enough staff: Neglect is not always deliberate. Nursing home staff may be overwhelmed by the sheer number of patients they have to take care of, and there are not enough people to take care of resident needs. If owners or operators overloaded caretakers with patients to cut costs, they could be liable for injuries and harm.
- Failed to train staff properly: If the nursing home operators did not provide adequate training and education to their workers, they could be liable for the harm to residents.
- Cut costs: Underpaid staff or inadequate facility resources could create hazardous conditions or mean a resident is not getting sufficient care and attention.
- Allowed abuse to continue or failed to prevent it: If the facility covered up abuse, did not take reports seriously, or failed to act quickly or at all, they could be liable for a resident’s injuries and losses. For example, if a resident of the facility has a history of abusing other residents, the home should make an effort to prevent the abusive resident from hurting others.
Third-Party Entities
Nursing homes may hire contractors and vendors to deliver items and perform services, meaning many people may come in and out of a nursing home daily. If someone from one of these companies abused your loved one, we could seek damages from these companies.
It is often difficult to hold the individual or individuals who abused your loved one liable for your harm, whether they are staff or residents of the nursing home, employees from another company, or visitors. This is generally because they do not have the financial means to pay damages. However, if this is a viable avenue of compensation, we will explore it.
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What Is the Statute of Limitations for a Nursing Home Abuse Lawsuit?
In general, you have two years to file your nursing home abuse lawsuit, according to Florida Statutes § 400.0236. There are always exceptions to this deadline, and some circumstances can extend this deadline. There are also certain notice requirements in the law – meaning written notice must be given prior to filing a nursing home lawsuit. We therefore recommend contacting our attorneys as soon as possible to discuss this timeline.
What Kinds of Damages Can I Seek in a Nursing Home Abuse Case?
Every case is different, of course, but here are some of the possible damages we could seek on your behalf or on behalf of a loved one:
- Medical expenses
- Pain and suffering
- Emotional anguish
- Lost income if the victim was a temporary nursing home resident who could have gone back to work after recovering from their injuries
- Wrongful death damages like funeral expenses and loss of consortium, if a loved one passed away from their injuries
- Other expenses, like stolen money
Victim of Nursing Home Neglect?
Our Florida Lawyers Are Here to Help!
What Should I Do If I Suspect Nursing Home Abuse?
Keep notes of incidents of abuse or signs of abuse, as this can help establish a pattern. Take photographs of injuries or conditions if possible. Speak to a trusted physician or mental health professional about suspicious injuries or behaviors. As soon as you suspect abuse, we encourage you to call your local police department.
You can also file a complaint with:
- The Florida Department of Health
- The Florida Long-Term Care Ombudsman Program
- The Florida Department of Children and Families
We also encourage you to call Freidin Brown, P.A. for a free case evaluation. We would be honored to help you with your case, just call us today to get started.
Frequently Asked Questions About Nursing Home Abuse
Our firm can answer FAQs about nursing home abuse cases in Florida, including:
Can I sue a Florida nursing home if my loved one developed severe bedsores?
Yes. Under Florida law, severe bedsores (pressure ulcers) are often considered evidence of neglect. You can sue if the facility failed to follow proper turning protocols, provide adequate nutrition, or monitor skin integrity, resulting in preventable injury. These cases typically fall under nursing home resident rights violations.
Is a nursing home liable if a resident wanders off the property?
Yes. Florida nursing homes must provide a safe environment. If a resident “elopes” due to poor supervision or faulty security, the facility is liable for resulting injuries. A Freidin Brown lawyer can help you prove this breach of duty and hold the home accountable for failing to protect your loved one.
Will a nursing home settlement affect my loved one’s Medicaid eligibility in Florida?
Yes. In Florida, a settlement exceeding $2,000 can disqualify a Medicaid recipient. To protect eligibility, you must report the funds and utilize strategies like a Special Needs Trust or a “spend-down” on exempt items. A Freidin Brown lawyer can help structure your settlement to preserve these vital benefits.
What specific types of cancer qualify for a tobacco lawsuit in Florida?
In Florida, tobacco lawsuits primarily cover lung, laryngeal, esophageal, kidney, bladder, and oral cavity cancers. Under the Engle progeny findings, these specific diseases are legally recognized as smoking-related. Other qualifying conditions include heart disease and COPD, provided you can prove nicotine addiction was the primary cause.
