West Palm Beach Nursing 1 Best Home Abuse Attorneys
According to the Henry J. Kaiser Family Foundation, Florida had 73,275 nursing home residents in 2014, making it the state with the sixth-largest population of nursing home patients nationwide. Regretfully, this indicates that Florida has a far higher rate of nursing home abuse and neglect than many other states.
You need an experienced attorney to help you get the compensation your loved one is due if they were abused or neglected while residing in a nursing facility. Gordon & Partners’s West Palm Beach nursing home abuse lawyers have decades of experience fighting for the rights of the injured. Several lawyers in our firm are members of prominent national associations.West Palm Beach Nursing 1 Best Home Abuse Attorneys
One of them is the Million Dollar Advocates Forum, an elite club that comprises fewer than 1% of all attorneys in the United States. In addition, founder Robert Gordon served on the board of directors of the Florida Justice Association and as president of the Palm Beach Justice Association in the past.
When you contact our knowledgeable lawyers, we will assess your claim during a free consultation without strings attached and create a strong case for your loved one.
Abuse Types in Nursing Homes
With decades of experience, our West Palm Beach nursing home abuse attorneys have defended victims of all kinds of abuse in nursing homes, including:West Palm Beach Nursing 1 Best Home Abuse Attorneys
Probably the most prevalent maltreatment that occurs in nursing homes is elder neglect. It happens when a caregiver or medical professional doesn’t meet family members’ expectations or set standards of care.
Neglect might involve not helping patients with cleanliness or denying them access to basic supplies, including food, water, medicine, and safety. The following are a few indicators of neglect:
Lack of water
Skin rashes or lesions
the presence of feces or urine odor in the resident’s room or on them
Risks to the resident’s health or safety within their dwelling area
This kind of physical abuse encompasses not only physical contact or battery but also other acts that have the potential to injure a person physically. This may consist of:
Overly strict guidelines
Not adequately restraint
Feeding by force
refusing to eat or drink
Overdosing on pharmaceuticals
Warning indicators of physical abuse include bruises, wounds, fractured bones, and other marks.
Abuse of Sexual Character
Any unwelcome or non-consensual sexual involvement with a resident is classified as sexual abuse. Sometimes, a resident is taken advantage of because they are too weak or unable to communicate. Staff personnel, guests, and even other residents may be the culprits.
Depression or a withdrawal from regular social activities might occasionally be indicators of sexual abuse.
Abuse of the Mind
Psychological or emotional abuse is defined as any action—verbal or nonverbal—that results in an elderly resident’s mental distress. Typical instances include:West Palm Beach Nursing 1 Best Home Abuse Attorneys
Threatening and intimidating
Disregarding a tenant
Screaming and yelling
The most complicated indicators to spot are frequently those of emotional abuse. Mood fluctuations, withdrawal, low self-esteem, worry, or sadness are all possible symptoms of victimization.West Palm Beach Nursing 1 Best Home Abuse Attorneys
Abuse of Money
When the person in charge of an older person’s finances exploits their position and embezzles money, it can be considered financial abuse. This can involve taking actual money or property, misappropriating money, mishandling assets, postponing paying bills, and cashing checks without authorization. In addition, it may entail making a resident sign a will, a power of attorney, or access to funds, among other legal documents.
Frequent withdrawals from bank accounts, misplaced belongings, recent alterations to wills and other significant legal papers, and new loans or mortgages are all indicators of financial abuse.
If you think your loved one is a victim of abuse, you may be able to take legal action, regardless of the kind of abuse. Please speak with our lawyers now to learn more about your legal options.
Determine whether you have a case. Give 1-855-252-4552 a ring.
Older adults with restricted movement or prolonged bed rest are at high risk for developing bed sores, sometimes referred to as pressure ulcers or pressure sores. Bed sores develop when pressure is applied continuously to particular body parts, causing skin deterioration and tissue damage.
They can be pretty painful, and if you don’t treat them, they could get worse and cause significant problems.West Palm Beach Nursing 1 Best Home Abuse Attorneys
The stages that bed sores go through and how they develop are as follows:
Pressure: Bed sores occur from prolonged immobility, which puts pressure on body parts where the skin and bones are near one another. Bed sores often appear on the back, ankles, heels, hips, and area behind the tailbone.West Palm Beach Nursing 1 Best Home Abuse Attorneys
Reduced Blood Flow:
The skin and underlying tissues receive less blood when these areas are subjected to continuous pressure. Tissue damage results from the damaged tissues not getting enough oxygen and nutrients due to inadequate blood flow.West Palm Beach Nursing 1 Best Home Abuse Attorneys
Skin and Tissue injury:
Redness or discoloration of the skin are early indicators of skin injury. Should the pressure persist, the skin may degrade, resulting in an exposed wound or soreness. The region could get uncomfortable, sensitive, and swollen.West Palm Beach Nursing 1 Best Home Abuse Attorneys
Progression: A bed sore may go through four levels of intensity if the pressure is not released:
The most moderate type, marked by skin redness that does not blanch (become white when squeezed) or disappear when pressure is released.
A superficial ulcer or blister forms as the skin splits open.
A crater-like wound is created when the sore gets deeper and penetrates further into the underlying tissue.
The most advanced stage, in which the ulcer penetrates the bone, muscle, or tendon. There is a high danger of infection and consequences at this time.
The following factors increase an aged person’s chance of acquiring bed sores:
Older people may have trouble getting up or down, mainly if they are weak or have diseases like paralysis or arthritis.
Some older people may experience decreased sensitivity in particular body parts, making it harder to sense pain or discomfort.
Reduced Tissue Elasticity and Thin Skin:
As people age, their skin becomes less elastic and more delicate, leaving them more vulnerable to pressure-related injuries.
Seniors who experience incontinence may be exposed to moisture for extended periods, which raises the risk of skin deterioration.
It’s critical to reposition bedridden or immobile people often, keep their skin clean and dry, utilize pressure-relieving equipment (such as specialty cushions), and maintain a balanced diet to support skin health and prevent bed sores. Medical professionals should also correctly diagnose and treat bed sores in their early stages to avoid complications.
Keeping Rehab Facilities Responsible
If staff workers or nursing homes have mistreated or neglected your loved one, we are ready to hold them accountable.
Victims of abuse in nursing homes may bring a civil case to obtain compensation under Florida Statute 400.023. One may file the lawsuit by:
The protector of the resident
An individual or group representing a resident with the resident’s permission
In situations where a resident passes away, their representative
To prove negligence, your West Palm Beach nursing home abuse attorney must prove the following:
A duty of care is a legal requirement to act in a way that a reasonable person would in a similar situation. The person who abused or neglected your loved one owed them this duty. Under federal and state law, an appropriate individual would defend a resident’s rights in the event of abuse and neglect in a nursing home.
The defendant violated the duty of care. This only indicates that the defendant acted carelessly or negligently, breaking the care burden.
Your loved one suffered damages due to violating the duty of care. Your West Palm Beach nursing home abuse attorney must demonstrate that the breach of the burden of care primarily caused the injury or death of your loved one. Additionally, your attorney must prove that the negligence resulted in losses like medical costs or pain and suffering.
Instances of Negligence in Nursing Homes
Typical instances of care facility malpractice include the following:
careless hiring procedures
The nursing home’s job is to hire suitable employees who satisfy all state and federal criteria, have the appropriate education, and have passed a background check. The institution may be held accountable if a staff member’s actions harm a resident and that person is not adequately trained or has a criminal record.
Not enough training
Facilities that provide assisted living or nursing homes may be held liable for injuries sustained by residents due to untrained personnel who lack the knowledge necessary to handle disruptive patients or dispense medication correctly.West Palm Beach Nursing 1 Best Home Abuse Attorneys
The quality of care will deteriorate at a nursing home if the staff-to-patient ratio is inappropriate. The lack of staff members makes it difficult for them to spend enough time with each patient, which increases the risk of medication errors, abuse, and other problems.
Do not be reluctant to seek legal advice if you believe there has been abuse or neglect. If you think you have a case involving abuse in a nursing home, our skilled attorneys will assess and look into your claim.
If you do, we will make every effort to find the guilty parties and get payment for the agony your loved one endured. Start now by scheduling a free consultation.West Palm Beach Nursing 1 Best Home Abuse Attorneys
Fill out a Free Case Evaluation form to begin your journey toward justice.
Law on Nursing Homes Reform
Nursing homes must abide by the federal Nursing Home Reform Law, passed in 1987, if they accept Medicaid or Medicare. Nursing homes are required by law to provide care for their inhabitants in a way that upholds and encourages each person’s dignity, autonomy, and choice.
The following rights are listed for inhabitants of nursing homes under the Nursing Home Reform Law:
The right to live free from all forms of abuse, physical or chemical constraints, involuntary seclusion, and punishment of any type is the right to be treated with respect, freedom, and dignity.
The freedom to make decisions for themselves includes:
- Dressing appropriately.
- Allocating spare time.
- Making decisions on medical treatment.
- Deciding whether to engage in activities inside and outside the facility.
- Handling finances.
Residents have the right to refuse medication or treatment, to prohibit physical or chemical restraints, to review their medical records, and to be notified about any changes in their medical status.
The right to know about policies and procedures in a nursing home – This includes the right to a written copy of your rights and the laws and regulations of the institution, notice in advance of any changes to your roommate or roommates, and the price of all services offered.West Palm Beach Nursing 1 Best Home Abuse Attorneys
The ability to file grievances:
Seniors should be able to voice their concerns to caregivers without worrying about facing reprisals. When residents file complaints, the facility must promptly address the issue.
The right to privacy:
People must be allowed to communicate freely and privately with whoever they choose. Privacy must also be protected regarding financial, medical, and personal matters.
Should any of these rights have been infringed upon, you might have a strong case for abuse and neglect at a nursing home. Please request a free, no-obligation consultation with us right now.
Use Live Chat or fill out the form for a free case evaluation.
The Residents’ Bill of Rights for Nursing Homes in Florida
Both the federal Nursing Home Reform Law and Florida’s law against nursing home abuse apply to assisted living and nursing homes. Many of the rights established by the Nursing Home Reform Law are also granted to residents under Florida’s resident bill of rights (Title XXX Chapter 429.28).
A few of the variations are as follows:
The freedom to speak privately and without hindrance with whoever they choose between 9 a.m. and nine p.m. Calls and in-person meetings with guests fall under this category.West Palm Beach Nursing 1 Best Home Abuse Attorneys
The freedom to use their clothing and belongings unless the facility can demonstrate that doing so would be harmful, inconvenient, or violate the rights of other residents.West Palm Beach Nursing 1 Best Home Abuse Attorneys
The right to be notified of a transfer or removal from the facility with 45 days’ notice. This notice must be given to the resident’s guardian if it is found that the resident is mentally incapable. Residency may only be terminated without notice by facilities if they can provide legal justification in court.
The right to speak with volunteers and advocates serving as ombudsmen and to be informed about the facility’s grievance procedures.
Reasonable possibilities for frequent exercise several times a week must be provided to the residents.
The West Palm Beach nursing home abuse attorneys at Gordon & Partners are knowledgeable in both state and federal regulations about residents’ rights in nursing homes.
We can find infractions of these guidelines and hold responsible parties responsible. We’ll strive to ensure that victims of abuse receive just compensation.West Palm Beach Nursing 1 Best Home Abuse Attorneys
Dial us now. 855) 722-2552
How Can I Look Into Possible Abuse at a Nursing Home?
If you think your loved one has been mistreated or ignored, contact the institution immediately to voice your worries or concerns.
If you can determine whether your loved one’s rights were infringed upon, staff members ought to be cooperative. Employees should start the facility’s complaint or abuse reporting process as soon as you contact them since they should have a protocol for handling such matters.
Staff personnel working in nursing homes are also mandated by the Centers for Medicare and Medicaid Services (CMS) to report any claims of mistreatment, abuse, or neglect to the facility administrator, the state survey and certification agency, and any other authorities as mandated by state law.
The facility must take corrective action if the investigation finds evidence of mistreatment.West Palm Beach Nursing 1 Best Home Abuse Attorneys
The Florida Department of Elder Affairs can also be contacted via phone or fax for reports of abuse:West Palm Beach Nursing 1 Best Home Abuse Attorneys
Dial 1-800-453-5145 or 1-800-96-ABUSE (1-800-962-2873) if using a deaf-friendly phone.West Palm Beach Nursing 1 Best Home Abuse Attorneys
Send a report form by fax from the Florida Abuse Hotline to 1-800-914-0004.
The Aging Network, Adult Protective Services, and the Department of Children and Families collaborate with the Florida Department of Elder Affairs.West Palm Beach Nursing 1 Best Home Abuse Attorneys
The facility or these other entities might take measures to penalize the offending individual or individuals and halt the abuse. Nevertheless, no matter how you report your claims, the state’s investigations and those of these other agencies will not reimburse you for the harm your loved one has endured.
For this reason, you should speak with a West Palm Beach nursing home abuse lawyer as soon as possible.West Palm Beach Nursing 1 Best Home Abuse Attorneys
Use Live Chat or call our knowledgeable legal staff at (855) 722-2552.
What Kinds of Recompense Are Available for Abuse in Nursing Homes?
Our West Palm Beach nursing home neglect attorneys may be able to obtain many types of compensation in a nursing home abuse lawsuit, depending on the details of your case, including:
This includes the following measurable losses that your loved one experienced as a result of the accident:
Getting about in an ambulance
services for physical therapy
visits to doctors’ offices
robust medical supplies
In-home medical services
affordable legal fees
Medications on prescription
Statutes in Florida provide that non-economic damages, such as the following, are not quantified in monetary terms:
physical harm brought on by the mistreatment
suffering on an emotional level following the abuse
loss of the ability to appreciate life
Because this type of compensation is only available in cases where the abuse or neglect was severe, it is challenging to obtain. These penalties are intended to penalize the perpetrator and discourage future abuse or neglect of the same kind.West Palm Beach Nursing 1 Best Home Abuse Attorneys
In situations involving mistreatment in nursing homes, Florida does not cap economic or non-economic damages. This implies that the total amount of monetary or non-monetary damages your West Palm Beach nursing home abuse lawyer can obtain is limitless.West Palm Beach Nursing 1 Best Home Abuse Attorneys
However, Florida Statutes Title XLV section 768.73 places a cap on punitive damages. According to this statute, the maximum punitive damages you may receive is $500,000. You may also receive three times the compensatory damages if that number is more.West Palm Beach Nursing 1 Best Home Abuse Attorneys
Our West Palm Beach abuse attorneys in nursing homes are prepared to battle for all the money your family member is due.West Palm Beach Nursing 1 Best Home Abuse Attorneys
Contact 1 (855) 722-2552 to get a Free Case Evaluation or complete the form.
The Statute of Limitations for Abuse in Nursing Homes in Florida
A statute of limitations is a time constraint by which a lawsuit must be filed. You forfeit your right to file a lawsuit if you don’t do so before the applicable statute of limitations runs out.
The statute of limitations in Florida for claims involving abuse in nursing homes is two years from the date of the incident, the date the victims or their representatives discovered that the abuse resulted in an injury, or the date the victim or victim’s family should have reasonably been aware that the abuse resulted in an injury.West Palm Beach Nursing 1 Best Home Abuse Attorneys
It may be possible to extend the statute of limitations when the injury is not discovered immediately. It will not, however, be possible to extend the statute of limitations over six years.
Click to contact the West Palm Beach nursing home abuse lawyers at Gordon & Partners.
How Can I Locate My Loved One a Secure Nursing Home?
Comprehensive information on each nursing home approved by Medicare and Medicaid can be found using the Nursing Home Compare tool on Medicare.gov. A facility’s rating for staffing, quality, and health inspections ranges from zero to five stars.
Every institution has a thorough report covering all three categories. For example, you can see the complete information of a facility’s most recent health inspection. All of the flaws that were found will be noted in the description and may include:
maltreatment of the occupants
The rights of residents are being violated.
Feeding and nutritional concerns
Compared to Florida and national norms, you may also analyze staffing numbers and the time staff members spend with residents at the institution.West Palm Beach Nursing 1 Best Home Abuse Attorneys
The nursing home report also evaluates the standard of care given at the facility. For instance, you can see what proportion of residents experienced functional improvements, were readmitted to the hospital, or were released and allowed to return to their communities. West Palm Beach Nursing 1 Best Home Abuse Attorneys
The percentage of residents who suffered one or more injuries from falls required physical restraint, showed signs of depression, or were prescribed antipsychotic medication is mentioned in the report.
Additionally, you can look at data the State of Florida has collected about the facility, including the most current inspection reports that detail any flaws found.West Palm Beach Nursing 1 Best Home Abuse Attorneys
Even if you search diligently for a facility where your loved one will receive excellent care and not be abused or neglected, abuse may still occur.West Palm Beach Nursing 1 Best Home Abuse Attorneys
Get in touch with a Gordon & Partners nursing home neglect lawyer in West Palm Beach right now if you believe your loved one has been abused.West Palm Beach Nursing 1 Best Home Abuse Attorneys
Contact a salesperson via live chat or 1 (855) 722-2552.
Speak with Our Attorneys for Nursing Home Abuse in West Palm Beach
Get the justice you and your senior loved one deserve by getting in touch with Gordon & Partners if you think a loved one has been mistreated, harmed, or neglected in a nursing facility.
Our West Palm Beach nursing home abuse lawyers are dedicated to defending the rights of older people and will spare no effort to obtain fair compensation for the harm or loss of a loved one. We provide free initial consultations and only get compensated when our clients win their lawsuits.