South Florida Injury Attorneys Blog
Florida is the home to many great nursing home facilities that are designed to ensure the safety and well-being of elderly residents. However, these facilities are expected to uphold certain standards of care that may not always be met. Vulnerable residents are often neglected, abused, or taken advantage of by staff members who may be held liable. Having a licensed lawyer, who has experience working with elder abuse-and-claims, could help you hold the nursing home and its staff responsible for damages sustained by elderly residents.
If you or someone you care about was abused, injured, or neglected as a nursing home resident in Boca Raton, contact the law firm of Frankl & Kominsky today to schedule a free, initial review of your claim (by appointment only). It costs nothing to learn whether your claim qualifies for legal compensation. Depending on the details of your claim, you could recover funds to pay for damages, such as medical bills, loss of consortium, physical pain and emotional suffering, and more.
At Frankl & Kominsky, we aim to protect the rights of the elderly throughout the state of Florida by helping our clients hold negligent nursing home facilities responsible for damages incurred. Our compassionate attorneys understand the physical and emotional trauma that can occur, especially when elderly victims have nowhere to turn. Let our professional staff of legal professionals teach you your legal rights to pursue the compensation you and your family may legally deserve.
Below we will discuss certain things staff members at a nursing home are not supposed to do, along with some common signs of abuse and neglect. Knowing what signs to look for could help put an end to abuse and help your elderly loved one fight for the compensation he or she may need for a full recovery.
Things That Should Not Happen at a Nursing Home Facility
One of the most important things that should not happen at a nursing home is physical or psychological abuse of its residents. Elderly victims may not be strong enough to protect or defend themselves from an abusive situation. When a nursing home resident becomes a victim of abuse, it may be difficult to report it to the proper authorities. Sometimes elderly victims may be intimidated or threatened by their caretakers, which may cause them to hide or deny the abuse.
Nursing home staff and other caretakers should be trained to keep residents safe and are not allowed to use physical force to hurt or injure them. The same holds true for mental abuse. Staff members should not use intimidating tactics, vulgar language, or belittle residents in any way.
If a resident is attacked and injured by a visitor, the nursing home could be held liable for negligent security. Having an accomplished attorney on your side could help you gather evidence and negotiate the fair amount of compensation you may need for a healthy recovery process.
Common Signs of Physical Abuse
Some common signs to look for in a physically abusive situation are:
- Ripped or torn clothing
- Unexplained cuts, scrapes, bruises, welts, or lacerations
- Broken bones/fractures
- Severe burns that are unexplained
- Any other unexplained injury
- Fear
- Anger
- Anxiety
- Emotional trauma
- Insomnia
- Depression
- Loss of appetite
- Loss of enjoyment of life
There may be other forms of abuse that can take place, which may not be so visible, such as financial mismanagement or theft. According to Florida Statute 825.103, nursing home staff members are prohibited from exploiting elderly residents financially for the benefit of anyone other than the resident.
For example, staff members may be asked to purchase goods for an elderly resident and use their personal information or credit card for their own use. In this case, the staff member could be held liable and you may be able to recover these funds with the help of a qualified lawyer.
Can I File a Claim for Neglect?
Oftentimes, nursing home residents may not be aware of certain tasks that should be completed by nursing home staff members, which can result in many incidents of resident neglect. The sad thing is many of these incidents often go unreported.
It is important to identify common signs of neglect, which may include:
- Poor hygiene
- Messy bed sheets/dirty clothing
- Malnutrition/unexplained weight loss
- Bed sores from not being moved around enough
- Poor living conditions (lack of heating or air conditioning)
- Missing necessary devices such as hearing aids, dentures, eyeglasses, and walkers
- Missing necessary medications or other treatments to maintain optimal health
- Unexplained anti-social behavior/loneliness
Another form of neglect that may go unnoticed is the lack of offering services available to the resident. For instance, if the nursing home offers certain amenities to its residents and the victim was not made aware, the nursing home could be held liable.
If you suspect abuse or neglect of an elderly person, you can report it on the website for the Florida Department of Children and Families (DCF) or call their toll-free hotline at 1-800-96ABUSE, which is available 24/7.
Contact an Attorney You Can Rely On
Whether you or a loved one was the victim of elder abuse or neglect at a nursing home, it is wise to speak to a licensed attorney you can rely on. Discussing elder abuse-and-claims with a lawyer you can count on will help you understand your legal rights to pursue the full and fair amount of compensation you may rightfully deserve.
The distinguished attorneys at the law office of Frankl & Kominsky are well-prepared to listen to the details of your claim in a no-cost, initial consultation. If your claim is meritorious, we could help you hold the nursing home liable for damages such as medical bills, physical and emotional therapy, loss of consortium, and other damages related to the incident(s). Allow our friendly team of legal professionals handle the stress and anxieties associated with the legal process on your behalf.
Call our firm anytime or fill out a free online form, and one of our legal representatives will reach out to you to get the process started. There is no need to hire our firm during your initial consultation and your information is kept completely confidential, so there is nothing to lose by contacting us. Our attorneys aim to protect the rights of elderly victims who have become victims of abuse and/or neglect while staying in a nursing home.
The law firm of Frankl & Kominsky never settles for less. Call us today at (561) 800-8000.