As more and more Clearwater residents live in nursing homes each year, ensuring that seniors in nursing homes receive appropriate care can be a growing challenge. Nursing home falls, abuse, and neglect can all be ongoing concerns in nursing home care.
If you suspect that a loved one may be a victim of nursing home abuse, you may be unsure of what to do. Working with a Clearwater nursing home injury attorney can offer more insight into what options may be available in your case.
If you suspect that a loved one may be the victim of nursing home abuse, the team at Jack Bernstein, Injury Attorneys can help you sort out what has happened and determine the best steps for your loved one. It’s important to take steps to protect your loved one’s immediate safety. It’s also important to determine the facts to know if your loved one is the victim of abuse. Our experienced legal team can help you investigate the case.
Nursing home abuse and neglect can take several forms. It’s often subtle. Nursing home operators often try to cover up instances of abuse. It can be hard to get answers when you suspect that abuse and neglect have occurred. Some types of nursing home abuse include the following:
Signs of nursing home abuse may not be easy for family members to see. Your loved one may have a sudden change in demeanor. Care providers may offer explanations for injuries that don’t make sense. Sudden changes, an unresponsive or emotionally withdrawn demeanor, and even physical health changes without a plausible explanation can all be signs of abuse and neglect.
If you think that you or a loved one may have suffered from nursing home abuse, you may have a right to compensation. You may deserve financial compensation for your physical expenses like increased medical bills. You may also deserve compensation for your emotional suffering. Our attorneys can help you understand your rights to take the right steps to protect your loved one and demand the compensation that you deserve.
Two types of law may apply to a Clearwater nursing home abuse case. Traditional negligence laws may apply. You may also assert Florida’s nursing home bill of rights to protect your loved one. Both general negligence laws and the nursing home bill of rights may apply in your case. You can claim rights and legal remedies under both bodies of law.
Traditional civil claims are based on your loved one’s right to be free of the negligence, recklessness, and intentional misconduct that can result in harm. For example, your loved one has a right to medical care that reaches a reasonable, professional standard.
If they don’t receive sufficient attention in a way that results in harm, they may bring a traditional negligence claim for compensation. Proving a negligence case involves showing a breach in the duty of care. You show how your loved one didn’t receive the care that an ordinary person should receive in similar circumstances.
Florida law also has a Bill of Rights that applies to nursing home abuse cases. The Florida nursing home bill of rights is a specific law that lists just some of the rights that a person has when they live in an assisted care facility. A person who lives in a skilled care facility has the same civil and constitutional rights that any other person has under Florida and United States law. The law is Florida Statute 429.28. It applies to all assisted care communities.
The Florida nursing home Bill of Rights says that residents have a right to live without abuse or neglect. They have the right to dignity in their care. A resident has a right to share a room with their spouse if they both live in the same facility. They may participate in religious services and ceremonies. They have the right to adequate health care. If a care facility retaliates against a resident for asserting their rights under the Florida nursing home Bill of Rights, the care facility may face additional penalties on top of the penalties that they may face for violating the law.
If you suspect nursing home abuse, getting the evidence that you need to pursue your claim can be difficult. Our legal team can work with you quickly to preserve the evidence that you need in your claim. We can formally demand that the care facility preserve copies of records. We can request an inspection to view a room, inadequate equipment or medical aides, and other conditions that may be relevant to the case.
Depending on the facts of your case, we may have an independent medical expert review your loved one’s medical records. It might be important to have an independent medical professional conduct their own exam to determine the full extent of the abuse and neglect and document your loved one’s injuries.
If you suspect neglect or abuse in a Clearwater nursing home care facility, don’t wait to contact an experienced professional. Your loved one’s immediate safety is the most critical consideration. You have a limited amount of time to pursue a legal claim. We can help you work quickly to investigate and prepare your claim. We also work to help you pursue your case thoroughly so that your loved one can get the justice that they deserve.