Nursing home abuse is perhaps one of the most shocking crimes. The U.S. Department of Justice statistics show that abuse of senior citizens is prevalent in the U.S., with at least 10% of all seniors suffering from abuse. There are several types of abuse that can happen in a nursing home, including:
Emotional abuse and verbal abuse can have devastating effects on a senior’s mental and physical health. Examples of emotional abuse can be denying requests for assistance or belittling a resident in front of others.
For a free legal consultation with a nursing home abuse lawyer serving Miami, call (800)-712-9119
Physical abuse is perhaps the most visible type of abuse, as it can leave wounds, fractures, and bruises on a senior’s body. Physical abuse can be slapping, shoving, shaking, kicking, and any other type of deliberate physical harm towards a senior.
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Restraints may be used for medical purposes. However, restraining residents of nursing homes for any other reason is potentially illegal. Inappropriate restraining can cause injuries, particularly on the wrists. Restraining a resident for a longer period can also result in much pain for the senior who is unable to move or change positions during the restraint.
General Abuse and Neglect
Physical neglect can also be nursing home abuse. If a resident is not getting the help they need with eating and drinking, they could suffer from malnourishment and dehydration with potentially disastrous effects. If a resident is not receiving adequate personal hygiene, they could suffer from life-threatening infections and bedsores.
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Occasionally, staff, other residents, or visitors may commit financial abuse either by criminal activity or by undue influence on the senior. According to the National Consumer Voice for Quality Long-Term Care, financial exploitation of elders is becoming more and more of a problem. It can also be difficult to detect and may require you to scour financial records and bank account statements for evidence.
If your loved one has experienced these types of abuse or others, contact your Miami Gardens nursing home abuse lawyer Ben Crump Law, PLLC now for help at (800) 959-1444.
Holding the Nursing Home to Account
Generally, a nursing home is responsible for what happens on its premises. If any staff mistreated your loved one, the nursing home is typically liable. However, if you are considering filing a lawsuit against a nursing home, you will have to prove that the nursing home violated laws or regulations and that they were negligent and liable for your loved one’s injuries.
According to the Nursing Home Reform Act, 42 U.S. Code § 1395i–3, seniors in nursing homes are entitled to be free from abuse and neglect. The nursing home has the responsibility to ensure that all seniors receive a good standard of care. To facilitate this, they should:
- Have enough staff.
- Have qualified and trained staff.
- Hire all staff responsibly and carry out appropriate background checks.
- Protect residents from neglect and abuse by staff as well as visitors, other residents, and third-party contractors.
Despite various laws and regulations, Miami Gardens nursing homes may place more emphasis on making profits than on keeping their residents healthy and well-cared for.
You May Have Recourse
You could potentially hold a nursing home to account, whether the abuse was perpetrated by a caregiver or another person. The overall responsibility for a safe environment rests on the nursing home, and the facility should have protocols and procedures in place that prevent abuse, such as making sure staff is adequately vetted, and there is sufficient security at the facility to keep residents safe from abusive persons or sexual predators.
If you would like to find out how you could hold a nursing home responsible for your loved one’s injuries, consult with a Miami Gardens nursing home abuse lawyer as soon as possible. Time may be of the essence for your claim.
Florida Statute of Limitations
Discovering signs of abuse on your loved one’s body can be extremely upsetting. Acting quickly is important in keeping them safe, and when pursuing damages for any injuries. Making sure that your relative is safe from any further abuse is of the utmost importance, as well as reporting the abuse. Consult with a medical professional immediately. If you are able to, collect as much evidence as possible, including photographs of any injuries, medical reports, and other evidence.
If your relative is the victim of nursing home abuse in Miami Gardens, you will want to act quickly in order to give you and your loved one the best chance to recover compensation for any injuries. While it can be tempting to wait, consider that the Florida Statutes § 95.11 generally sets a time limit of four years for personal injury lawsuits, and a time limit of two years for wrongful death lawsuits. Filing too late can effectively prevent you from receiving compensation and getting justice, although there are some exceptions.
Generally, gathering evidence and witnesses’ statements is easier if done promptly after an injury or incident. Waiting too long can make it more challenging to build a case. A Miami Gardens nursing home abuse lawyer can inform you about any legal options you might have.
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Your loved one deserves justice. If they were mistreated in a Miami Gardens nursing home, you could receive compensation for any injuries, emotional scars, and medical bills incurred. While holding a nursing home to account and proving negligence can be challenging, you do not have to do this on your own.
We do not shy away from tough cases and can potentially help you get justice and compensation. Nursing home abuse is an egregious, immoral, and reprehensible crime, and we will fight for your loved one’s rights in the strongest possible way. We can help you with all aspects of your claim against a nursing home, including collecting relevant evidence and building your case. We can also represent you and fight for you in court.
Contact Ben Crump Law, PLLC today, and we will advise you on your legal options, free of charge at (800) 959-1444.