When elderly loved ones are no longer able to care for themselves at home, families often turn to nursing homes for assistance. Nursing homes can allow older Americans to access the medical and rehabilitative care they need 24 hours per day, seven days per week, while also engaging in social and recreational opportunities that they might not otherwise have.
All too often, however, these arrangements go terribly wrong when your loved one falls victim to abuse or neglect while living in a senior care facility.
Although the abuse of nursing home residents, who are some of the most vulnerable members of society, seems unthinkable, the fact is that it occurs across the United States daily.
If you suspect or discover that your loved one is suffering abuse while living in a nursing home, you might be able to pursue compensation. You can seek the assistance of a Jacksonville nursing home abuse lawyer at Ben Crump Law, PLLC. Call (800) 712-9119 today to set up a free consultation with us.
Nursing Home Resident Rights Under State Law
Under Florida Statutes §400.022, nursing abuse residents have various legal rights, such as the right to have adequate health care, protection, privacy, and communication with others. However, residents also have the explicit right to be free from mental abuse, physical abuse, corporal punishment, and extended forced seclusion.
Nursing home residents also have the right to remain free from physical and chemical restraints, except as a doctor reasonably authorizes or in an emergency.
These rights specifically bar nursing home staff from abusing residents in any way and prohibit them from neglecting residents by unnecessarily physically restraining them, sedating or overmedicating them, or providing them with adequate food, liquids, or medications. These statutory rights also include protection for residents’ personal property and assets as financial exploitation and abuse can also occur in nursing homes.
For a free legal consultation with a nursing home abuse lawyer serving Jacksonville, call (800) 712-9119
Liability for Nursing Home Abuse
Various parties could be held liable or financially responsible when a resident suffers injuries from nursing home abuse. For example, if a nursing home staff member caused the abuse, not only is that person responsible, but so is the nursing home that employed the individual.
Employers generally are responsible for the negligent acts of their employees, even to the extent that they harm others. However, nursing homes also have a duty to thoroughly perform background checks and other screening measures before hiring individuals.
Nursing homes also have a legal obligation to professionally train, support, and supervise their employees to ensure that they do not harm the residents in their care.
In some cases, a delivery person, outside contractor, or even a volunteer who visits a nursing home could be your loved one’s abuser. Nursing homes also have a duty to monitor and protect your loved one from harm by taking reasonable security measures and precautions. If the nursing home fails to protect your loved ones, it can face liability for any abuse that occurs in the facility.
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Compensation for Victims of Nursing Home Abuse
Nursing home abuse can cause severe injuries that permanently alter the lives of our loved ones. When a nursing home negligently injures your family member, you have a right to pursue compensation for your losses. In a nursing home abuse claim, you might be eligible for compensation such as:
- Costs of medical care
- Necessary expenses to transfer to another nursing home or care facility
- Mental trauma from the abuse
- Physical pain and suffering from injuries
Family members also may be eligible to seek compensation for any expenses if a form of financial abuse or exploitation occurred while your loved one was a resident of a nursing home.
For more information about the compensation that you may qualify for, you may get in touch with a Jacksonville nursing home abuse lawyer who can assist you further. Call Ben Crump Law, PLLC, to schedule a free consultation where you can discuss your situation and review your legal options.
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Deadlines for Filing a Nursing Home Abuse Lawsuit
All states have statutes of limitations, or deadlines, that affect how long you have to file a lawsuit. The length of these statutes of limitations vary across states, and they also differ according to the type of lawsuit. Under Florida Statutes §400.0236, injury victims and their families must file their nursing home abuse lawsuits no later than two years after the injuries occur.
However, nursing home abuse victims might have a longer period to file their legal action in some situations. For example, victims or their families may not discover the incidents of abuse right away. When this situation occurs, they have two years from the date they discovered or reasonably should have discovered the abuse to sue for compensation. However, families cannot file their nursing home lawsuits any later than four years from the date the abuse occurred.
Furthermore, this statute sets out another exception to the general statute of limitations for nursing home lawsuits. If family members did not discover the abuse because the perpetrator or the nursing home intentionally misrepresented facts or fraudulently concealed the incident, then the statute of limitations expands to two years from the date of discovery.
Nonetheless, families must take legal action in their nursing home abuse case in this situation no later than six years after the abuse occurred.
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Ben Crump Law, PLLC, Can Review Your Nursing Home Abuse Case
The aftereffects of nursing home abuse or neglect on your loved one can be overwhelming. Holding the nursing home and other negligent parties accountable for their wrongful actions in harming your loved one might bring you some peace. You also may be eligible for compensation for the injuries you have suffered.
You have the option of seeking counsel from a Jacksonville nursing home abuse lawyer to learn more about your rights to compensation from those who caused your injuries and other losses.
When nursing home abuse occurs, injury victims and their family members likely will be dealing with the emotional and physical ramifications of this abuse for some time. The lawyers of Ben Crump Law, PLLC, want to remove some of this burden from your shoulders by handling your nursing home abuse claim.
We can take your case on a contingent fee basis, which means that you are not responsible for paying any up-front costs. Call (800) 712-9119 today for information about how you might pursue compensation for your injuries.
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