There is a silent epidemic of nursing home abuse and neglect in the United States. The signs of nursing home abuse are often subtle. The effects can be devastating.
Our team of Sarasota nursing home abuse attorneys can help. Too often, seniors in our community are failed by the very institutions that they rely on for safety and care. If you or a loved one is the victim of nursing home abuse, we believe that it’s essential to protect your rights and help you get the compensation that you deserve.
Florida law protects nursing home abuse victims in several ways. There are general laws about negligence and standards of care that apply to all situations in Florida. There are also laws that create standards specifically for nursing homes.
All nursing homes must provide quality care to their residents. That means that they must provide care that is at least sufficient under the circumstances. A care facility doesn’t have to provide perfect care. But they must do a reasonable job providing care that meets professional standards.
Here are some of the ways that nursing home abuse can occur:
Related: 7 Common Types of Nursing Home Abuse
Individual care providers may be liable as well as the care facility itself. A nursing home may be liable for the actions of their employees. Also, a third-party may be liable for abuse that occurs in a nursing home. For example, if a medical care provider offers care within the nursing home facility, they may be liable if they fail to provide reasonable care. You may bring a claim against all responsible parties.
The signs of nursing home abuse are often subtle. Your loved one may not even be aware that they’re being abused. Very few abuse victims can readily disclose that they’re being abused. But they might show warning signs. Here are just some of the warning signs of nursing home abuse or neglect:
Related: Nursing Home Abuse: How to Spot It
There are two legal grounds for recovery for victims of nursing home abuse. The first way is through a claim for negligence, recklessness or intentional conduct. To prove negligence, you must prove four elements: duty, breach, causation, and damages.
A nursing home facility always has a duty to provide competent care for their residents. You must show that the care facility or their agents breached that duty in some way. You must also show how their failure to provide adequate care resulted in your injuries and damages.
Florida also has a nursing home bill of rights. Florida law 429.28 exists to protect victims of nursing home abuse by providing them a grounds for recovery if a violation of the law occurs. Under the law, all care facilities must provide care that’s free from abuse or neglect. They must allow residents to retain their own clothes and personal property. They must allow spouses to share a room if they both live in the facility.
If the care facility violates Florida’s nursing home bill of rights, you may claim compensation for damages resulting from the violation. These damages are separate and in addition to the damages that the victim may claim for the care facility’s negligence. There are also penalties that apply if a nursing home retaliates against a patient for exercising their rights.
There are time limits that apply to file a claim for nursing home abuse. You have limited time to bring a claim for compensation under Florida’s negligence laws. You can receive an extension of time if you’re not aware of the abuse or neglect immediately when it occurs.
When you bring a claim under Florida’s nursing home bill of rights, other, shorter time limits apply. You must provide the care facility with a notice of your claim. The care facility has a short time to investigate your claim. They may offer you a settlement, or they may reject your claim. If they deny your claim, you may proceed to bring a lawsuit for compensation.
When you work with Jack Bernstein, Injury Attorneys, we make sure that you file your claim within the applicable timelines. Don’t wait to contact us so that we can begin working on your claim. If you miss the deadlines, the court may dismiss your claim.
Having our nursing home abuse attorneys on your side means having enthusiastic advocates who leave no stone unturned. We want to get to the bottom of what happened. We talk to the abuse victim, their family, and witnesses.
Our team can use the legal system to demand records from the nursing home facility. The Florida legal system even has ways to order reluctant witnesses into court. When nursing home abuse or neglect occurs, you need a tireless advocate. We want to be the attorneys that fight for you.
Do you think that you or a loved one may be the victim of nursing home abuse and neglect? We want to help. We offer no-fee and no-obligation consultations. Our team wants to learn about you and your case. We can help you sort through the situation to determine if you or a loved one may be a victim.
If nursing home abuse or neglect may have occurred, we can discuss your options with you and help you make a plan with an understanding of how Florida law applies to the case. We’re ready to be your teammate to fight nursing home abuse and neglect. Contact Jack Bernstein, Injury Attorneys at (941) 822-2222 for expert nursing home abuse representation.