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With its warm weather, Florida has been a retirement magnet for decades. The Sunshine State has the oldest population, with seniors accounting for 19.36 percent of the total resident population. Florida has nearly 700 licensed nursing homes regulated by the Florida Agency for Health Care Administration (AHCA). Unfortunately, dozens of these facilities have been cited for serious violations of neglect and abuse.
The decision to place a loved one in a nursing home is made with great care and research to ensure a safe and supportive environment. If you suspect elder abuse in Palm Beach County, a consultation with an experienced Boca Raton nursing home abuse lawyer can be your first step toward seeking justice for your loved one. Contact Kogan & DiSalvo to discuss your legal options today.
Our Boca Raton personal injury lawyers bring compassion and sensitivity to nursing home abuse cases and work tirelessly to protect the rights of vulnerable elders.
Florida Statute §400.022 outlines the fundamental rights afforded to residents of nursing homes and assisted living facilities.
Despite these laws, state inspectors routinely find that residents’ lives are endangered through intentional harm, understaffing, poor supervision, or basic neglect. If you are concerned about the treatment of your elderly loved one, we encourage you to reach out to your local Ombudsman and contact our nursing home abuse attorneys.
Florida has some of the most aggressive elder protection laws and nursing home regulations in the nation, including criminal prosecution for failing to report suspected abuses under the state’s comprehensive Adult Protective Services Act. The law also provides immunity from prosecution for those reporting abuses.
Florida defines elder abuse as an act committed intentionally that could reasonably cause physical injury or psychological harm, inflict psychological or physical injury, or encourage anyone to commit an act that can reasonably expect to inflict physical or psychological injury.
Common elder abuse issues observed in assisted living care facilities and nursing homes include:
Violations of Boca Raton elder law that are not criminal offenses prosecuted by state authorities fall under the state’s standard in civil law, which governs acts of negligence that result in injury or property damage.
To prove an act of negligence, the following elements must be met:
Few studies have been able to capture the magnitude of abuse and neglect in nursing home facilities. By some estimates, for every incident of physical or emotional abuse communicated to authorities, 24 cases go unreported. Underreporting of elder abuse can be attributed to several reasons, including a fear of retaliation, potential embarrassment or shame, or an inability to communicate due to cognitive decline.
Numerous factors can lead to nursing home neglect and abuse. Facilities that lack the resources and workforce to operate smoothly are less likely to meet the basic needs of their residents. This creates an unstable environment where standards of care drop drastically.
These are the primary factors associated with higher rates of nursing home abuse:
Nursing home abuse and neglect manifest in different ways. Because many patients in nursing homes have Alzheimer’s disease, dementia, or other mental impairments that render them unable to express themselves, it’s crucial to watch for signs that indicate any of the following:
According to The Journal of the American Medical Association, elderly individuals who suffer physical abuse are at greater risk of premature death. Misusing restraints and any physical assault can result in broken bones, scratches, cuts, and other signs that are more challenging to detect. Be alert for unexplained mood changes, detachment, and disinterest in surroundings.
Signs that caregivers or staff are inflicting bodily harm:
Our lawyers are dedicated advocates to nursing home residents in Boca Raton who have suffered any physical abuse, including those given sedative medications as a chemical restraint.
Emotional abuse of nursing home residents can be intentional, but it can also happen with over-worked and highly stressed staff who lash out in the heat of the moment. Either way, this behavior is unacceptable and can lead to isolation, depression, and withdrawal. Studies suggest that chronic emotional abuse can increase vulnerability to illness and infection. Look for the following signs that may indicate a loved one is suffering psychological abuse:
Elderly residents in nursing homes, particularly those with marked cognitive decline, may be subject to financial exploitation by those who care for them. Sometimes they are coerced into loaning money. More often, their funds are accessed through illegal and fraudulent means. Signs of financial exploitation often include:
Medical neglect of the elderly has grave consequences. Neglecting a resident’s health care needs can result in serious injury, disability, and even death. Key examples of medical neglect in nursing homes include:
Sudden weight loss, bedsores, urinary tract infections, malnourishment, and dehydration indicate that a loved one’s medical needs are being neglected.
Sexual abuse is the least reported type of nursing home abuse. The following types of behavior may merit legal action against offenders: non-consensual touch, sexual coercion, and rape. Common signs of sexual abuse of the elderly include:
Our highly skilled legal team is dedicated to protecting seniors who have been harmed in Florida nursing homes. Victims and their families may bring a lawsuit against negligent parties or those who enabled the abuse or neglect.
The goal of hiring legal counsel is straightforward: to ensure that your loved one’s basic rights have been upheld and to hold abusive and negligent facilities accountable for their wrongdoing. We will investigate the nursing home’s history to see if a pattern of abuse or safety violations exists and if its hiring practices and employee incompetence contributed to the abuse.
Nursing home owners, operators, and staff will be interviewed under oath to discover any evidence that will help the case, including attempts to cover up the abuse.
Our attorneys handle every facet of the legal process, from independent investigations to settlement negotiations with the defendant. As your legal representative, we will:
Victims of nursing home abuse generally have two years to file a lawsuit for damages in Florida. This statute begins on the date that the abuse and injury occurred or the date when the victim’s family should have reasonably been aware that the injury occurred. Once the statute of limitations expires, any claim for compensation will be dismissed by the courts.
Litigation can be an effective means for recovering monetary damages in a nursing home abuse case. The amount of compensation recovered will depend on a variety of factors, including the amount of insurance coverage held by the defendant, the severity of injuries sustained, and the extent of medical bills incurred. Compensation should reimburse the claimant for losses such as:
If your loved one died because of negligent treatment or abuse in a nursing home facility, your family might be able to file a wrongful death claim for:
Our law firm believes everyone deserves access to exceptional legal counsel, which is why our nursing home abuse lawyers work on a contingency basis. We do not charge flat fees or hourly rates and will advance all costs to bring a valid lawsuit against negligent nursing home facilities and staff. Our clients do not have to worry about upfront expenses and only pay attorney costs if the claim is successful.
If neglect, abuse, or mistreatment are proven, the victim and their family may file a civil claim for damages. Any person or entities that contributed to the injury or death of the claimant may be named defendant. This may include:
Frequent nursing home visits to check up on your father, mother-in-law or grandmother can only do so much. If you suspect your loved one has been harmed at the hands of the very people entrusted with their care, Kogan & DiSalvo is here to help. Reach out today for a free, no-obligation consultation with a Boca Raton nursing home abuse lawyer.
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