A substantial portion of the senior population in the United States live in nursing homes. Unfortunately, many of them are subjected to abuse or neglect. According to the National Center on Elder Abuse (NCEA), roughly 50 percent of the nursing home residents in their study experienced incidents of nursing home abuse. A staggering 95 percent experienced some form of neglect.
If your loved one suffered abuse in a Miami nursing home, they have the right to pursue legal action against their abuser. Additionally, the nursing home or its administrator could share the responsibility for this abuse.
Pintas & Mullins Law Firm is ready to assist with your loved one’s injury claim based on their nursing home abuse. To discuss your options, call (800) 842-6336 to speak with a member of our team. A Miami nursing home abuse lawyer can protect your loved one’s rights.
Types of Nursing Home Abuse
Every case of nursing home abuse is different. They involve different abusers with different motivations. However, each act of nursing home abuse falls into one of five broad categories. These categories vary in the type of abuse, but each of these claims represents a serious threat to a senior’s physical, mental, or financial health.
Physical abuse involves any intentional force that causes an injury to a nursing home resident. These claims often involve physical assaults consisting of kicking, punching, biting, slapping, or hitting the resident. Additionally, handling a nursing home resident in an unnecessarily rough manner also qualifies.
The same is true for the unreasonable use of constraints. This not only includes the use of physical restraints but the use of chemical restraints as well.
Emotional abuse—also known as psychological abuse—might not leave physical scars or signs of injury. That does not mean this type of abuse won’t result in serious damage to a senior. Emotional abuse can include any verbal or non-verbal act that results in a nursing home resident’s fear, anxiety, distress, or anguish. This includes threats of violence, belittlement, or social isolation, among other things.
Any sexual contact that is not consensual constitutes sexual abuse. Sexual abuse is especially problematic in a nursing home setting, given that many residents lack the ability to consent. Other residents lack the cognitive ability to report an incident of sexual violence. Examples of sexual abuse include groping, indecent exposure, forced nudity, sexual harassment, coercion, or rape.
Many nursing home residents are the victim of theft or fraud. These are both forms of financial abuse. Financial abuse can be as simple as the theft of cash or a valuable piece of jewelry. It could also be as complex as a coerced real estate transfer or a fraudulent amendment to a will.
This term describes the failure to meet a nursing home resident’s basic needs. These include food, medical care, and basic hygiene. In some cases, this negligence is intentional. In other cases, nursing home staff could unintentionally neglect a resident. This is most common in cases of understaffing or inadequate training.
Signs of Abuse
The signs of nursing home abuse vary depending on the type of abuse that occurs. The signs of financial abuse will be very different from the signs of neglect. However, most types of abuse will result in physical symptoms in the victim. Some signs that abuse might have occurred include:
- Unexplained injuries
- Rapid weight loss
- Poor hygiene
- Dramatic personality changes
- Fear of nursing home staff
- Unexplained falls
If you suspect abuse, you should immediately remove your loved one from the situation. After you address your concerns with the facility, regulators, and law enforcement, your next call should be to legal counsel.
The attorneys of Pintas & Mullins Law Firm are prepared to guide your family through the process of a legal claim. To discuss your loved one’s case in detail, consult with a Miami nursing home abuse lawyer as soon as possible.
For a free legal consultation with a Miami Nursing Home Abuse Lawyer serving Miami, call (800) 794-0444
Florida Nursing Home Abuse Laws
Like with any legal claim, there are specific laws that govern the pursuit of compensation following allegations of nursing home abuse. The failure to comply with these laws could have a detrimental impact on your loved one’s claim.
The most important law related to your loved one’s right to file a claim is the statute of limitations. Found at Florida Statutes §400.0236, the statute of limitations requires your loved one to bring a claim within two years of the date the abuse was discovered or should have been discovered. However, this deadline can extend no farther than four years from the date the abuse occurred.
There are some exceptions to the statute of limitations. For example, suppose abuse or neglect came in the form of medical malpractice. In that case, your loved one could have additional time to bring a lawsuit if the defendant fraudulently prevented the discovery of the injury.
The consequences of failing to abide by the statute of limitations are steep. The court has the right to dismiss a case entirely if the plaintiff files after the expiration of the timeline. For that reason, you may want to speak to an attorney as soon as possible following an act of abuse or neglect.
Miami Miami Nursing Home Abuse Lawyer Near Me (800) 794-0444
Your Loved One Could Recover a Monetary Award Due to Nursing Home Abuse
If you believe your loved one is entitled to compensation following abuse in a nursing home setting, your family does not have to pursue the claim alone. The team at Pintas & Mullins Law Firm will stand by your side through every step of the litigation process.
Do not hesitate to speak to an attorney as soon as possible. To start your loved one’s case, call (800) 842-6336 to speak with a member of our team. A Miami nursing home abuse lawyer is ready to fight for your family.