If your loved one is the victim of nursing home abuse, they could be entitled to compensation for their injuries and suffering. They can hold the nursing home accountable for letting the abuse or neglect happen and ensure that other residents do not suffer harm in the same way. You can file a lawsuit on your own or with the help of a nursing home abuse lawyer.
Calling a Hialeah nursing home abuse lawyer is one way to have your questions answered regarding the legal process. Contact Ben Crump Law, PLLC, today at 800-959-1444 to speak with a member of our team. There is no cost for or the initial consultation. Because we work on a contingency basis, you only pay us if we help you recover compensation.
Signs of Nursing Home Abuse
Some signs of nursing home abuse are visible, while others are more subtle. You should watch for these signs of nursing home abuse and neglect:
- Bruises: Bruises should not be commonplace. Any bruising should have an incident report associated with an injury.
- Injuries: Sudden or unexplained injuries should not occur while your loved one is under the care of professional nursing staff and caregivers. The facility should have fall prevention measures in place for any resident who might be at risk.
- Illnesses or infections: Many nursing home residents have compromised or suppressed immune systems. However, if your loved one has frequent illnesses or infections, that could signal abuse or neglect.
- Unsanitary conditions: Unsanitary conditions in your loved one’s room are a big sign that someone has not regularly cleaned their room or properly cared for them.
- Body odor: Noticeable body odor could signify neglect if your loved one has not received the help they need to bathe regularly or use the toilet.
- Fearful behavior: If your loved one acts afraid, especially of an individual staff member, this might be a cause for concern. There might be a reason why they fear this person.
- Social withdrawal: If your normally socially active loved one suddenly withdraws from their usual activities, this could be a sign of abuse.
Abuse can come in many forms. If you notice a behavioral change in your loved one who lives in a nursing home, it is possible that something happened. You should ask questions to ensure that your loved one is safe. If you find it necessary, you can file a report with nursing home management or the Agency for Health Care Administration to investigate your suspicions.
For a free legal consultation with a nursing home abuse lawyer serving Hialeah, call 800-712-9119
Prevalence
Nursing home abuse might be widespread across communities. According to the National Center on Elder Abuse, 44 percent of nursing home residents interviewed said they had faced abuse. This figure only skims the surface regarding how much abuse and neglect occurs in nursing homes, as some victims do not come forward because they fear acts of retaliation from their caregivers or suffer from cognitive disorders such as dementia that make them unable to report their abuse.
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Legal Recourse
Choosing to take legal action is one way that you can hold the nursing home and its staff responsible for the abuse that occurred while your loved one was under their care. Under Florida Statute § 400.022, your loved one has a right to receive adequate care from professional caregivers while living in an accredited nursing home. When the nursing home breaches this trust and duty to keep your loved one safe, you should hold it accountable for what happened.
A Hialeah nursing home abuse lawyer can help you seek legal recourse for the abuse and neglect your loved one suffered. Call Ben Crump Law, PLLC, today to speak with a team member about your case.
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Possible Recoverable Compensation
There are different types of compensation you could recover in a nursing home abuse lawsuit, such as:
- Medical expenses: This category of compensation can include any expenses that your loved one has accrued because of the abuse. For example, seeing a doctor to coordinate treatment creates medical bills that they could claim.
- Moving expenses: In many cases, a lawsuit could cover the cost of moving your loved one to a new nursing home.
- Pain and suffering: Pain and suffering is a specific type of compensation that you can claim in an abuse case. It addresses the emotional and mental trauma created by the abuse. The amount of compensation does not come from anything concrete, such as medical bills, but a nursing home lawyer can use one of several formulas to determine how much to request as damages.
- Mental health services: Many people who suffer abuse require mental healthcare afterward to make a full recovery. The cost of therapy can be expensive, which is why many people claim therapy costs in nursing home abuse lawsuits.
- Punitive damages: A judge or jury can award punitive damages to punish the person or business who abused your loved one. By including punitive damages, judges or juries hope to deter people who commit abuse from continuing to do so.
These are just some of the types of recoverable compensation that are possible. Each case is different. You could qualify for other types of compensation. If you have any questions about how much compensation you can expect from your nursing home abuse case, you might want to speak with a Hialeah nursing home abuse lawyer. While they cannot give any guarantees or specifics, the attorney can look at past cases to see what victims received in similar cases to yours, providing you an idea of what you can expect should you win your case.
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Statute of Limitations
Florida Statute § 400.0236 sets the statute of limitations for nursing home abuse cases in Florida at two years from the incident or the discovery date. With the date of discovery, you must file the case within four years of the incident. If you do not file your claim before the deadline, you could miss your opportunity to recover compensation for your loved one’s injuries. A nursing home abuse lawyer can help you gather evidence and file your case before the deadline.
Call Us to Discuss the Details of Your Potential Case
You can work with a Hialeah nursing home abuse lawyer to help you throughout the legal process. Call Ben Crump Law, PLLC, today at 800-959-1444 to speak with a member of our team about what happened. There is no cost for the consultation or our services unless you recover an award.
Call or text 800-712-9119 or complete a Free Case Evaluation form
