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Nursing Home Abuse

Miami Nursing Home Neglect & Abuse Lawyers

Placing a loved one in a nursing home or assisted living facility is never an easy decision. Most families take great pains to find the nursing home they feel will take proper care of their beloved family member. The last concern your family should have is the nursing home abusing or neglecting your loved one.

Unfortunately, nursing home abuse and neglect is not uncommon in Miami, FL. If you suspect that your loved one is victim of abuse or negligence call the experienced Miami personal injury attorneys at Bernstein & Maryanoff to discuss your rights and the details of your case.

The following is an overview of personal injury law and how it relates to nursing home abuse in Miami, Florida.

What Rights Do Florida Nursing Home Residents Have?

Florida nursing home residents are ensured certain rights as outlined by the Nursing Home Resident’s Bill of Rights.

While this is not an exhaustive list, some of these rights include:

  • The Right to a Safe and Decent Living Environment, Free from Abuse and Neglect
  • The Right to Access Healthcare
  • The Right to Information
  • The Right to Dignity
  • The Right to Financial Information

What Constitutes Nursing Home Abuse?

There are many different situations that can be considered nursing home abuse, but some occur more often than others. The most common types of nursing home abuse  which our firm handles include:

Physical Abuse: Physical abuse is the inflicting of physical pain and harm on a resident. Some residents develop bed sores (also know as pressure sores) due to not being turned in bed or not having the proper bedding or nutrition. They can suffer broken bones due to falls where they should be supervised or have fall precautions in place. Other times patients are dropped due to inadequate staff transferring the patient from the bed to the wheelchair etc.

What to Do If Your Loved One Is a Victim of Nursing Home Abuse

The most important thing to do if you suspect your loved one is being abused is to secure their safety by moving them to another facility. Second, report the facility to the Florida Department of Elder Affairs. You can also speak to a lawyer about filing a personal injury claim for nursing home abuse.

Types of Damages

If you are successful in your personal injury lawsuit against the nursing home who harmed your loved one, you may be able to obtain compensation for certain damages that resulted from the abuse.

Some of these damages may include:

  • Cost of Medical Treatment
  • Emotional Distress
  • Physical Pain and Suffering
  • Mental Anguish

Proving Negligence

You must be able to prove your loved one was harmed due to the negligence of the nursing home staff. In many cases, the nursing home has a well-documented history of abuse which makes it easier to prove especially if there is physical evidence of your loved one’s injuries. However, it can be more difficult in these cases because often the nurses and staff do not write down what they have done wrong. It takes a skilled attorney to figure out what is missing from the medical records in order to prove that neglect caused the bedsores, injuries or death. Because nursing home abuse cases are complex, it is best to seek the advice of a personal injury lawyer in Miami to determine which options you have available under Florida law.

How Can a Nursing Home Abuse Lawyer Help You?

While there is no way to predict the outcome of your case, hiring an experienced lawyer can help you in many ways, including:

  • Hiring Investigators
  • Obtaining Residents Medical Records
  • Requesting any Police Reports
  • Hiring expert nurses and doctors to testify.
  • Speaking to the Nursing Home’s Insurance Company Regarding a Settlement
  • Locating and Interviewing Potential Witnesses
  • Filing Your Case in Court
  • Represent Your Family at Trial

While it is always distressing to see a loved one injured due to the negligence of a nursing home, rehabilitation facility, or assisted living facility, there is help available. If you want to file a personal injury lawsuit to hold the nursing home accountable and obtain a settlement for your loved one’s injuries, you will need proper legal representation. The Nursing Home Abuse Lawyers at Bernstein & Maryanoff and will evaluate your case for free. Call 1-800-429-4529 or submit details of your case in our contact form and we’ll contact you as soon as possible.

While nothing can erase the trauma of nursing home abuse, obtaining a monetary settlement can provide the financial resources to help your loved one move forward to life at a new, safer facility. Bringing a claim will also deter these nursing homes and nurses from injuring others in the future.