You moved your loved one to a nursing home so they would receive care around the clock and the dignity and respect they deserve. Finding out that your relative suffered abuse in their nursing home can be heartbreaking and devastating for the entire family.
If this happened, you could potentially hold the nursing home to account for these egregious acts. You have the right to consult a Pompano Beach nursing home abuse lawyer to help you get clear on your legal options. Call Ben Crump Law, PLLC today for help and advice at (800) 959-1444.
What Are the Signs of Nursing Home Abuse?
As a rule, if your relative tells you that something is wrong, believe them and try to investigate any allegations by speaking to caregivers. You may also wish to inform the local authorities. If your loved one has cognitive problems, suffers from dementia, or is largely non-verbal, it can be quite difficult to find out whether they suffer from abuse in their nursing home.
According to the National Institute on Aging (NIH), the elderly with memory problems or dementia are frequently a target for abusers. An abuser may consider them an easy target and feel safe from getting found out, as the elderly with cognitive problems may not be able to ask for help or explain that they are suffering from abuse.
Nevertheless, here are some signs you might be able to observe, that could potentially point to physical, emotional, or sexual abuse:
- Unexplained fractures, sprains, or dislocations
- Unexplained bruises, cuts, or burns
- Unusual behavior such as social isolation and withdrawal
- New depression, anxiety, or fear of caregivers
- Unexplained genital infections or bruises in the genital area
- Torn or stained underwear
- Presence of bedsores
- Rapid weight loss
- Lack of personal hygiene
You may also be able to observe other signs that could point to abuse, for example, witnessing a caregiver treat residents badly or a member of staff not allowing you to be alone in the room with your loved one.
For a free legal consultation with a nursing home abuse lawyer, call (844) 638-1822
The Nursing Home May Be Liable
A nursing home may be liable for your loved one’s injuries and suffering if you can prove that the abuse happened. The laws are on your side. According to the Nursing Home Reform Act of 1987, all seniors in nursing homes have the right to be free from abuse and neglect.
Ultimately, the nursing home is responsible for what happens on the property. In some instances, caregivers may be the abusers. In some homes, especially those with a low staff to resident ratio, the job of a caregiver can become immensely stressful. If a caregiver is constantly stressed and overwhelmed, or lacks appropriate training, neglect and abuse can easily happen.
The nursing home should make sure that staff is always adequately trained, has the appropriate qualifications, and is background checked before starting to work at the home. If the nursing home was negligent in hiring or training staff members, you may be able to hold them responsible.
If you are considering filing a personal injury or wrongful death case against a nursing home, you will need to prove your case by showing that:
- The nursing home had a legal duty to care for your relative.
- The home breached the duty of care by negligence or intentional abuse.
- Your loved one suffered from injuries and medical bills due to the abuse.
Holding a nursing home responsible can be a daunting task. Your Pompano Beach nursing home abuse lawyer can be by your side and help you prove a case against a nursing home.
Do Not Wait Too Long
When considering legal action against a nursing home, timing can be pivotal. Florida statute 95.11 generally prohibits you from filing a personal injury lawsuit after four years of the date of injury. In a wrongful death case, your time limit for filing a lawsuit goes down to two years.
We do not recommend that you wait until the last minute to take legal action. You have the right to work with your Pompano Beach nursing home abuse lawyer as soon as you discover your loved one has suffered any abuse.
While you may wish to spend some time with your loved one and family after such an upsetting incident, we can collect evidence on your behalf, interview witnesses, and build your case. Also, consider that timely action can help you get timely compensation. This may help you and your loved one move on with your lives and heal from a difficult time.
Nursing Home Abuse Lawyer Near Me (844) 638-1822
We Can Help You Get Justice
Abuse of a defenseless senior is unlawful and deserves punishment. Do not let a nursing home get away with causing pain and anguish to your loved one. Consider that taking action can also help other residents. While it may feel overwhelming to think about taking a nursing home to account, you are not on your own, and we can help you seek justice for your loved one.
If your relative suffered physical or mental injuries from abuse, you may be able to receive compensation for those losses, including medical bills, costs of therapy, and potentially also awards for any emotional suffering. We want to try to protect you not just in the present but also into the future in case your loved one needs ongoing medical treatment for their injuries. You should not have to pay for the consequences of any despicable acts perpetrated by others.
We can fight for you. Call Ben Crump Law, PLLC today and one of our team can advise you on your legal options and your next best steps. Reach us at (800) 959-1444.