When looking for the right nursing home to take care of your elderly loved one, you want a facility where the staff is well-trained, professional, experienced, and caring. Unfortunately, many facilities over the years have been found guilty of nursing home abuse, neglect, and medical malpractice.
Elder abuse is a serious legal issue, and anyone who has been seriously injured by an abusive caretaker, nurse, or medical professional in a long-term care facility of any kind deserves to bring the issue to light and obtain closure and compensation through a personal injury claim.
Our Fort Lauderdale nursing home abuse lawyers at Rosenberg & Rosenberg, P.A. have more than 50 years of experience serving our local community, making them more than ready to assist you in your claim. We understand how distressing it can be to discover that your loved one has been abused in a senior living facility, especially when you have given its staff your complete trust to take good care of them.
Nurses, doctors, and other staff members at nursing homes can demonstrate negligence and commit abuse in numerous ways.
One common example is physical abuse, such as beatings, kicking, hitting, burning, or using unnecessary restraints. Prescription errors fall under physical abuse as well. Some signs that your loved one is being physically abused include the presence of questionable open wounds, bruises, scars or if they seem to be in a general state of fear, scared of a specific staff member, or undergo a sudden change in their personality.
Another example is psychological/emotional abuse, which is unfortunately common and takes the form of threats, humiliation, and degrading statements from the staff or other residents. Signs include your loved one being upset and unresponsive. They may act very unlike themselves and not want to have any visitors.
Sadly, some residents become the victims of sexual abuse. Any nonconsensual sexual contact constitutes this form of abuse. Financial abuse, in which the facility takes advantage of the patient’s helplessness to access their accounts and charge more than what is owed, is also possible. Please note: A staff member at the facility could financially abuse the resident without the knowledge of their employer; this is still considered abuse and thus remains a punishable offense.
Lastly, neglect is particularly common in nursing homes with a shortage of staff. Inadequate supervision could result in wandering or elopement, which can endanger the patient and could result in a fall, broken bones, and other complications. Residents can also become malnourished or dehydrated due to neglect. Bedsores are a common injury for residents who are immobile or dependent on nurses for mobility.
Should you discover that your loved one is being abused or neglected, or have reason to believe that they are, it is integral for their health and safety to address the issue immediately — their well-being is the top priority.
It is advisable to make a report through the appropriate channels in the nursing home, as a lone staff member could be perpetrating the abuse/neglect. If the problem remains unaddressed, reach out to your local law enforcement agency without delay.
Next, speak with a Fort Lauderdale nursing home abuse and neglect lawyer if you are looking to file a claim on your own behalf or on the behalf of an elderly loved one to hold their abuser accountable. Through a claim, you may also be able to recover compensation for all related physical, financial, and emotional damages.
Florida Statutes § 95.11 allows two years from the date of the abuse or neglect, the date a person discovered it, or could have been reasonably expected to discover it to file a claim. For instance, if your loved one told you they were being abused, but you ignored them, the court may consider that as the date you should have reasonably discovered the abuse.
However, regardless of the date of discovery, after four years have passed since the date of the incident, you will be rendered ineligible to take legal action.
The legal team at Rosenberg & Rosenberg, P.A. has the experience to effectively investigate nursing home abuse and neglect cases and remains committed to pursuing justice for those who have been wronged.
Over the more than 50 years since our firm was founded, we have won many awards and accolades from industry organizations. We are also proud to have earned the respect of our clients and peers. If you work with us, you can trust that we will put you and your case first.
Discuss your legal options with a Fort Lauderdale nursing home abuse attorney. Call Rosenberg & Rosenberg, P.A. at +1 (954) 963-0444.
