Our Clearwater nursing home abuse lawyers have helped many families protect loved ones who are victims of elder abuse. Discovering that a loved one is experiencing abuse in a nursing home can be devastating. Many family members have reported feeling guilty, angry, and helpless. Our law firm helps families protect the rights of their loved ones.
Pinellas County is home to more than 50 nursing facilities, with a significant percentage being in Clearwater. Consequently, cases of nursing home abuse in Clearwater are not uncommon.
If you suspect your loved one may be experiencing nursing home abuse, it’s vital to work with a nursing home abuse lawyer in Clearwater, FL, to understand your available options.
Was a loved one injured in an accident? Contact Jack Bernstein, Injury Attorneys, now.
Why Choose Jack Bernstein, Injury Attorneys, for Your Clearwater Nursing Home Abuse Case?
Jack Bernstein, Injury Attorneys, has a successful nursing home abuse case history that spans over four decades. Our law firm has helped many families. An example of our achievement was a $962,000 nursing home abuse settlement for a shoulder injury.
We have a local presence in Clearwater and knowledge of Pinellas County facilities. Additionally, we have an in-depth understanding of Florida nursing home regulations and laws, which helps us build strong cases.
Our team of six experienced attorneys and 34 staff members enables us to meet the needs of every client. We will offer you compassionate representation while fighting to maximize compensation.
Our nursing home abuse attorneys work on a contingency model, which means no fees unless we win. This payment structure allows us to offer legal services to every victim of elder abuse in Clearwater, FL. Additionally, our nursing home abuse lawyers offer free consultations to help victims and families understand their cases without any initial financial commitment.
Nursing Home Abuse and Neglect in Florida
According to Florida law, nursing home abuse is an intentional act that’s committed to cause harm, whereas neglect is a caregiver’s failure or omission to provide an elderly person with the necessary care to maintain the elderly person’s physical and mental health. Nursing home neglect can be intentional or unintentional.
The Florida Statute Chapter 415 defines vulnerable adult abuse as any willful act or threatened act by a relative, caregiver, or household member that causes or is likely to cause significant impairment to a vulnerable adult’s physical, mental, or emotional health.
The main types of elder abuse are physical abuse, emotional/psychological abuse, sexual abuse, financial exploitation, and neglect.
Florida elder abuse facts and statistics show that one in ten nursing home residents experience abuse annually, psychological abuse is most common (81% of staff have reported witnessing a co-worker committing it), and for every reported case, 24 cases go undiscovered.
Moreover, reports show that women are more likely to be abused than men. Several factors contribute to this, including women being perceived as easier targets and the fact that, on average, women live longer than men, so they make up a larger percentage of the nursing home population.
What Are the Signs of Nursing Home Abuse?
A few signs can help you determine if your loved one is experiencing nursing home abuse during visits.
Here is what to look for:
- Physical signs, like unexplained injuries, bruises, broken bones, bedsores, sudden weight loss, stained or bloody undergarments, and unexplained sexually transmitted infections (STIs).
- The behavioral signs to pay attention to are sudden changes in behavior, withdrawal, fearfulness, anxiety, and reluctance to speak openly.
- Environmental signs, like unsanitary conditions, foul odors, and inadequate access to water can be signs of elder abuse.
- Neglect signs include pressure ulcers, medication errors, lack of proper care, malnutrition, and dehydration.
Family members should visit their loved ones frequently. In addition to providing emotional support and companionship, doing so allows them to detect signs of abuse earlier.
Many nursing home residents don’t report cases due to fear of retaliation. Therefore, when you suspect abuse, ensure that your loved one feels supported while you consider your options.
Types of Nursing Home Abuse Cases We Handle
Our law firm handles the seven common types of nursing home abuse and more. This includes:
- Physical abuse: This may involve hitting, pushing, and inappropriate use of restraints.
- Emotional/psychological abuse: Any form of abuse that inflicts mental or emotional pain, anguish, or distress on a resident can be considered emotional/psychological abuse. Examples include verbal threats, isolation, intimidation, gaslighting, and humiliation.
- Sexual abuse: Any non-consensual sexual contact, behavior, or comments is sexual abuse.
- Financial exploitation: Some staff members in nursing homes illegally or improperly use a resident’s cash, property, or assets. They do this by stealing cash, bank cards, or personal items, like jewelry, forging signatures on checks or other documents, stealing personal information to make fraudulent purchases, and manipulating a resident into changing their will.
- Medical neglect: A nursing home may fail to provide medical care.
- Medication errors: It’s not uncommon for nursing home staff to administer the wrong medication or dosage, or to fail to give a resident their medication on time.
- Bedsores/pressure ulcers: When a resident in a care facility with limited mobility is not turned frequently, the prolonged pressure on their skin can restrict blood flow, which means the underlying tissue will be deprived of oxygen and nutrients. This can lead to damaged skin and tissue, which can form sores.
- Falls: Nursing home falls happen because of inadequate supervision and environmental factors, like slippery floors, poor lighting, unsafe room layouts, and poorly maintained equipment.
- Wrongful death: Sadly, some cases of nursing home abuse or neglect result in death.
We are experienced in handling cases that occur in both nursing homes and assisted living facilities.
Florida Nursing Home Laws That Protect Residents
Several Florida laws protect residents of nursing homes. Chapter 400 of the Florida Statutes has regulations that facilities must follow. For instance, the Florida Statute 400.9978 requires facilities to screen all potential employees for a history of abuse, neglect, mistreatment, or exploitation of clients.
The Florida Nursing Home Bill of Rights (Florida Statute 429.28) outlines the legal rights of residents in care facilities. These include the right to live in a safe and decent living environment, be treated with respect, maintain individuality and personal dignity, and unrestricted private communication, among others. Violating these rights can lead to civil penalties and criminal charges. A facility can face license suspension/revocation and fines up to $500 per violation per day.
The state also has a nursing home generator law that requires facilities to have a backup generator.
The Florida Agency for Health Care Administration (AHCA) licenses nursing homes and conducts inspections to ensure they comply with state and federal standards. The Florida Department of Health (DOH) also has its standards that nursing homes must meet regarding health and safety.
Moreover, the Florida Adult Protective Services Program requires anyone with knowledge or suspicion of abuse, neglect, or exploitation of a vulnerable adult to immediately report by calling the Florida Abuse hotline.
Victims and family members should file a nursing home abuse claim earlier, as the state has a two-year statute of limitations for such cases.
Recent Nursing Home Abuse Settlement Results in Florida
Besides the $962,000 nursing home abuse settlement, we have recovered $375,000, $200,000, and $130,000 for bedsores.
The average nursing home abuse settlement is around $400,000, and the range for typical cases is $150,000 to $350,000. Victims of serious nursing home cases can seek financial compensation of $1 million or more.
Each case is unique and settlements vary, depending on various factors, including the severity of injury/harm, the type of abuse, duration of neglect, total losses incurred, strength of evidence, and if wrongful death occurred.
Working with a Clearwater nursing home abuse attorney is integral to receiving maximum compensation.
What To Do If You Suspect Nursing Home Abuse in Clearwater
Below are the steps to follow immediately you suspect nursing home abuse:
- Ensure your loved one’s immediate safety: Talk to them to obtain enough information to remove them from harm’s way.
- Document everything: Take photos and videos of the injuries and living conditions, write down detailed notes of the incident, and gather witness statements.
- Report it to the Florida Department of Children and Families: You can do this by calling the Florida Abuse Hotline (1-800-962-2873).
- Contact the Florida Agency for Health Care Administration: Contact themat (888) 419-3456 and also notify the local long-term care ombudsman program (Pinellas County is in the West Coast District of the state’s Program).
- Call 911: If it’s an emergency, you can contact 911 for immediate assessment and care. Before leaving, inform the nursing care administration about your concerns. You should send them a written report later.
- Contact an experienced Clearwater nursing home abuse lawyer: Call us right away to understand your case and take legal action against the facility.
It’s critical to act quickly when you suspect abuse. Doing this helps you preserve evidence. Note that complaints can be filed anonymously, which can be helpful in cases with a high possibility of immediate retaliation against a resident.
How Our Clearwater Nursing Home Abuse Attorneys Can Help
The typical legal process when working with our nursing home abuse attorneys is:
- Free consultation: This step helps us learn more about a case, and clients get to know their available options.
- Investigation: We use our expertise and work with other professionals, such as medical experts and investigators, to get more details about what happened and the extent of the harm.
- Evidence gathering: Our experienced lawyers assess the evidence gathered and obtain more to establish liability in a nursing home abuse case.
- Filing claims: We will send a claim to the nursing home to initiate settlement negotiations. If a fair settlement can’t be reached, we file a lawsuit.
The services we provide throughout this legal process are:
- Thorough case investigation and evidence preservation.
- Medical record review.
- Filing of formal demands to preserve facility records.
- Facility inspections and safety evaluations.
- Negotiation with insurance companies.
- Trial representation, if needed.
Learn more about how to report nursing home injuries and abuse in Tampa and Clearwater, FL.
Our attorneys have knowledge of local Clearwater facilities and courts. We understand the track records of the facilities and are familiar with local court procedures and personnel. Furthermore, we are committed to pursuing all damages for clients, including economic, non-economic, and punitive damages.
Our legal team handles cases on a contingency basis. You will not pay fees unless we win.
What Compensation Is Available for Nursing Home Abuse Victims?
The damages you can recover in a nursing home abuse case include:
- Medical bills and future medical care costs.
- Pain and suffering.
- Emotional distress and mental anguish.
- Lost wages for family members who missed work.
- Compensation for relocating to a different facility.
- Therapy and counseling costs for trauma.
- Funeral expenses (wrongful death cases).
- Punitive damages for egregious conduct. Punitive damages are available in 17% of nursing home abuse cases. They are awarded to punish the wrongdoers and deter others from similar behavior in the future.
Financial compensation helps cover both immediate and long-term expenses, allowing injured victims and their families to regain stability. Families deserve accountability and justice, and holding negligent nursing homes responsible helps them achieve that.
Florida’s Statute of Limitations for Nursing Home Abuse Claims
Under the Florida Statute 492.296, cases involving elder abuse should be filed within two years from the time the incident occurred or from the time it was discovered or should have been discovered with the exercise of due diligence. After this period, an injured victim or their family may not be eligible to seek compensation. That’s why it’s crucial to file a claim quickly. Doing this also helps in the preservation of evidence.
Besides threatening the ability to take legal action, delays can result in lost evidence and faded memories. You’ll also want to take photos and videos of injuries before they heal and of poor living conditions before they are cleaned. You should also keep physical items related to the incident, such as soiled clothing or bedding, before they are cleaned or go “missing.” Cases of facilities destroying evidence are not uncommon.
Additionally, it’s important to gather witness statements before the memories of staff members, residents, and other people who witnessed the incident fade. Or before the facility intimidates them from giving statements, which usually happens. Earlier involvement of an attorney leads to better evidence preservation.
Florida law has exceptions to the two-year statute of limitations. These include cases in which fraudulent concealment or intentional misrepresentation of fact prevented the discovery of the injury, and when a victim was physically or mentally incapacitated at the time of the abuse, preventing them from filing a claim earlier.
FAQ
Why Local Clearwater Experience Matters in Nursing Home Abuse Cases
Local experience is vital when working with a Clearwater nursing home abuse lawyer. This is because a local attorney knows Clearwater facilities, courts, and judges. They are familiar with Pinellas County nursing homes and their histories of complaints, inspection records, and legal issues. They understand Florida’s elder abuse laws and the specific procedures followed by courts and judges. Moreover, they understand local regulatory agencies and have the necessary contacts.
Local lawyers also have connections with medical experts, investigators, and other professionals and access to local resources, which allows them to build strong cases on time. Furthermore, they can easily conduct facility inspections and interviews locally.
When you work with a local lawyer, they will get to meetings and court appearances on time. Also, they will offer faster response times and be easily available.
The Emotional Impact of Nursing Home Abuse on Families
A loved one experiencing nursing home abuse can have an emotional impact on their family. Family members may have feelings of guilt, anger, and helplessness. Their trust may also have been betrayed by the facility. There are support resources and counseling options for families in emotional distress.
Seeking legal help is also part of the healing process. It can provide closure and prevent future abuse. This is why our experienced attorneys offer clients a compassionate approach.
Free Consultation With Clearwater Nursing Home Abuse Lawyers
Has your loved one experienced nursing home abuse? Our Clearwater nursing home abuse lawyers help injured victims and family members file claims and sue for wrongful death. We offer a free consultation, which is confidential. You will also not pay upfront costs until we win. Contact us today to protect your loved one’s legal rights. We are available 24/7 for urgent situations. It’s important to act quickly to preserve evidence and observe the statute of limitations.
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