- Overview of Nursing Home Abuse and Neglect and the Differences Between Them
- Signs of Nursing Home Abuse or Neglect
- Nursing Home Abuse and Neglect FAQs
- Florida Nursing Home Abuse Resources
- Pursuing a Claim Against a Nursing Home Due to Abuse or Neglect
- Fort Lauderdale Personal Injury Lawyer Fighting for the Compensation You Deserve – Get Help Now!
Detecting the physical abuse or neglect of a loved one living in a nursing home or assisted living can be difficult. In some situations, a loved one is unable to effectively communicate. There are also time where you can’t be present and have to rely on signs of distress. If you believe that your loved one has been the victim of abuse or neglect, contact a Fort Lauderdale nursing home abuse lawyer.
Fort Lauderdale Nursing Home Abuse Lawyer
Lisa S. Levine provides legal advice to clients in and around Broward County. This includes the cities of Weston, Fort Lauderdale, Potomac, and Pembroke Pines.
As an experienced medical negligence lawyer, Lisa Levine will work around the clock to ensure that you are given the best chance of receiving the compensation you deserve. Call her today at 954-256-1820to schedule a free consultation.
What is the Difference between Abuse and Neglect?
Neglect involves the failure to properly care for someone physically or psychologically. When an individual delays or withholds proper physical care to someone, or does not provide them with adequate emotional support by means of isolation or abandonment, they are guilty of neglect.
Nursing home abuse and nursing home neglect are terms in Florida law that are often used for one another. They can both have equally devastating consequences. If a loved one is being mistreated, it is important to understand the difference between the two terms.
Abuse is characterized as the maltreatment of a person, physically or psychologically. People who misuse their power or trust to harm someone physically, emotionally, or sexually are exhibiting abusive behavior. Neglect involves the failure to properly care for someone physically or psychologically. An example of neglect is when a person delays or withholds proper physical care to someone. Another example is when they do not provide them with adequate emotional support by means of isolation or abandonment.
Signs of Nursing Home Abuse or Neglect
Some of the common signs of assisted living abuse or neglect include:
- Poor Wound Care
- Sudden change in behavior
- Change in weight
- Sexual Abuse
- Unexplained feelings of fear
- Poor hygiene
- Financial Abuse
- Hair loss
- Cuts and scrapes
Do you suspect that your loved one suffered from abuse or neglect? Are you are considering filing a lawsuit? A nursing home negligence attorney can help you recover the compensation that your loved one deserves. There are damages that are designed to compensate your loved one for the physical and emotional distress. This is important to understand.
Frequently Asked Questions About Nursing Home Abuse and Neglect
Are Nursing Homes or Assisted Living Centers Liable for Failure to Follow Doctor’s Orders or Refer Patients to Doctors and Hospitals in a Timely Fashion?
In most homes, a qualified staff member will complete a med pass, in which the proper dispensing method of each patient’s medication is described in detail according to doctor’s orders. It typically takes 4-5 hours or more to fill and organize all medication and complete the required documents.
Nursing homes can fail to follow doctors orders or refer a patient or resident to a doctor in a timely manner for health issues that arise. That is considered unreasonable conduct and can build the basis for a negligence claim. This is true for Fort Lauderdale, Weston, Broward County and all of Florida.
Can a nursing home resident sue for physical, emotional, or psychological damage?
Nursing home abuse and neglect can manifest in many types of injuries for the patient or resident, including physical injuries and emotional and psychological trauma. A victim of abuse can sue for all three of these types of damages under Florida law.
Can I still sue a nursing home on behalf of my loved one if they passed away?
When your loved one dies in a nursing home in Fort Lauderdale, Weston, Broward County or anywhere in Florida because of abuse or neglect, the nursing home’s liability for their actions doesn’t go away. If you are the child or spouse of someone who passed away because of negligence or abuse, you can file a wrongful death lawsuit. The damages that you can recover will vary according to the relationship of the survivor to the wrongful death victim.
Are nursing homes liable if a resident is injured by another resident?
Nursing homes are legally responsible for supervising their patients; however, it’s not uncommon for the home employees to be inadequately trained or the facility to be woefully understaffed, which can leave residents vulnerable. When one patient injures another, the nursing home can be held liable for negligent supervision.
Who can sue in a Florida nursing home abuse case?
When you believe that a loved one has been the victim of nursing home abuse or neglect, removing the patient from the home or assisted living center is the first step to take. Once your loved one has been removed from the dangerous environment, you can begin the process of taking legal action. The patient or a family member, such as a spouse or adult child, can file a lawsuit against the negligent nursing home using neglect lawyers.
What happens if the nursing home abuse or neglect is the result of the actions of a doctor?
When a patient is injured because of a doctor’s actions, the case becomes a medical malpractice case as well as a nursing home case. However, the injury could be a result of the home failing to follow doctor’s orders or refer a patient to a doctor in a timely manner. The second example is likely to be considered a nursing home negligence case.
What Can I Do If My Loved One Died in a Florida Nursing Home Due to COVID-19/Coronavirus?
In Florida, nursing homes have a legal responsibility to keep their residents safe from infectious diseases such as COVID-19. They are required to take precautions to prevent coronavirus from entering and spreading throughout the facility. They also must continue to maintain an appropriate standard of care for all residents during this time. If the nursing home fails in any of these responsibilities and your loved one dies as a result of their negligence, you may be entitled to file a COVID-19 wrongful death lawsuit.
Florida Nursing Home Abuse Resources
- National Center on Elder Abuse. The NCEA provides the latest information regarding research, training, best practices, news and resources on elder abuse, neglect and exploitation to professionals and the public.
- Agency for Health Care Administration. The Complaint Administration Unit receives and processes complaints about the quality of medical care provided in Florida’s health care facilities.
- Florida Department of Children and Families. The Florida Abuse Hotline accepts reports 24 hours a day and 7 days a week. You can report known or suspected child abuse, neglect, or abandonment of a vulnerable adult.
Pursuing a Claim Against a Nursing Home Due to Abuse or Neglect
The compensation that can be recovered through nursing home abuse lawsuits in Florida depends on the circumstances of the case and the type and extent of injuries and damages suffered by the resident. You may be able to recover damages for medical care, therapy, alternate living arrangements, pain and suffering, punitive damages, and wrongful death. Follow the link above to learn more about the damages you can recover.
Pursuing a Florida nursing home abuse case is not the same as pursuing a medical malpractice case. There are many differences between the two, and it would be a mistake for an attorney to treat an abuse case like a medical malpractice case. These differences include: single acts of negligence vs. patterns of abuse or neglect, liable parties and standards of care. Click the link above to learn more.
When these professionals are negligent in their duties to provide the proper level of care to their patients and prescription medication errors occur, the results can be severe, even fatal. What can you do if you believe a loved one has been injured by a prescription medication error? Click the link above to find out.
Nursing Home Negligence Attorney Fighting for the Compensation You Deserve
Lisa Levine is a dedicated Fort Lauderdale assisted living abuse lawyer in Broward County. She has over 28 years of devoted service to her community. Her law offices have compassion which gives her the dedication and vigor necessary to pursue compensation in personal injury claims like yours and hold nursing homes liable.
If you or a loved one has been subjected to nursing home negligence or abuse call Lisa S. Levine P.A. today at 954-256-1820 to schedule a free consultation. Our dedicated Fort Lauderdale nursing home abuse lawyer helps victims all over Florida. This includes Broward County, Fort Lauderdale, Weston, Sunrise, Pembroke Pines, and Hollywood.