Nursing Home Abuse Lawyer in Miami

How Can Nursing Home Abuse Lawyers Help?

Law firms that specialize in nursing home abuse and neglect claims have the experience you need to take action fast. They know what steps to take, how to gather evidence, where you can get support and resources, and how to claim compensation for the damages caused by the nursing home’s negligence.

Our team of nursing home lawyers will assist you with:

• 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.

Our team will evaluate your case for FREE. Call 1-800-429-4529 or submit details of your case in our form and we’ll contact you as soon as possible.

How Do I Know My Family Member Is Being Abused in a Nursing Home?

Many of us think of physical injuries when we hear the term “abuse.” However, several types of abuse can happen in a nursing home or assisted living facility, such as:

• Physical abuse
• Emotion abuse
• Sexual abuse
• Financial abuse
• Neglect or abandonment

When abuse occurs, some older adults are unable or unwilling to communicate the details of what happened. Some may feel helpless and ashamed about the abuse, while others lack the ability to fully understand the situation. This is why it’s vital to look for signs that your family member could be the victim of abuse or neglect.

According to the National Institute on Aging¹, warning signs of nursing home abuse and elder abuse may include:

1. Disinterest in activities they used to enjoy
2. Messy or unkempt appearance
3. Weight loss due to malnutrition or dehydration
4. Trouble sleeping
5. Becoming withdrawn
6. Suddenly reacts with agitation or violence
7. Unexplained injuries such as bruises, cuts, burns, or scars
8. Rocking back and forth or other signs of trauma
9. Signs of physical retrains like marks on the wrists
10. No longer has medical aids, including walkers, dentures, hearing aids, or glasses
11. Development of preventable conditions, including bedsores
12. Sudden financial problems

Warning signs of abuse or neglect can often be subtle or not apparent right away. You should try to talk to your family member to understand what might be going on and how you can help.

When Is a Nursing Home Liable for Abuse or Neglect of Residents?

When long-term care facilities and their staff members are responsible for a resident’s abuse or neglect, they should be held accountable. Reasons a nursing home may be liable for neglect or abuse of elders include:

• Inadequate staff training – There should be a proper process to train staff to do their jobs using a reasonable standard of care for their position.
• Negligent hiring process – All staff members should be qualified for their position. Facilities should conduct a thorough background check, consult references, or have another process in place to ensure new hires are qualified.
• Understaffing of the facility – A nursing home should employ a reasonable number of staff members to care for residents and meet their needs.
• Errors with medication – When staff members do not give the proper dosage of medicine at the right time or fail to provide the medication at all, the results can be devastating.
• Breach of a resident’s statutory or regulatory rights – Nursing home employees are required to give residents the dignity, privacy, and respect to which they are legally entitled.
• Inadequate security – Nursing homes have a duty to provide a safe environment for those living in the facility. When a visitor or third party harms a resident due to lack of security, the nursing home can be liable for damages.

If one or more of these situations led to your family member’s abuse or neglect while living in the nursing home facility, you may have grounds to bring a civil claim for compensation. You must 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 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 negligence caused the injuries, suffering, or wrongful death.

Contact our nursing home abuse attorneys today for a free and confidential case evaluation to see if you qualify and what your claim may be worth.

What Should I Do If My Loved One Is a Victim of Abuse or Neglect?

Nursing homes are required by law to provide a certain standard of care. Remember, nursing home residents have rights, including:

• 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
• Additional nursing home residents rights

If you notice risk factors and warning signs that your family member is experiencing abuse or neglect while living in a nursing home, it’s time to take action. You should:

1. Remove your loved one from the facility immediately
2. Find alternative care – local adult protective service agencies can help
3. Report the abuse or neglect to authorities
4. Bring a legal claim against the responsible party

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

What Damages Can a Victim Recover in a Nursing Home Abuse Claim?

Victims of nursing home abuse or neglect suffer in so many ways. Apart from the physical damages that occur, many deal with pain, suffering, and emotional anguish resulting from the abuse and are at a higher risk for suicide². These victims deserve compensation in all the ways they suffer.

When bringing a personal injury claim for compensation, victims can recover for both economic and non-economic damages, including:

• Hospitalization bills
• Prescription drug costs
• Physical therapy
• Mental healthcare such as therapy or counseling
• Other medical expenses
• Pain and suffering
• Emotional distress
• Mental Anguish
• Punitive damages (in some cases)

You are not alone. Let our nursing home neglect lawyers help you get justice through the legal system. Contact us now to schedule your free case review.

Why Work With Bernstein & Maryanoff Nursing Home Attorneys?

Unfortunately, about one in 10 adults over the age of 60³ are abused, neglected, or financially exploited. In order to stop the abuse and get the help you need, consider working with a professional nursing home neglect lawyer.

Our Miami law firm’s nursing home neglect attorneys are ready to fight for you and stand up to your family member’s abusers. We have a successful record of getting justice for elder victims of abuse and neglect and can work with you to get the compensation your loved one deserves.

To learn more about our legal services and how we can represent you with no upfront fees, contact us today.

Sources:

¹National Institute on Aging (NIA). (29 July 2020). Spotting the Signs of Elder Abuse. U.S. Department of Health & Human Services. Retrieved 26 January 2022.
²Bailey, Melissa and Aleccia, JoNel. (9 April 2019). Lethal Plans: When Seniors Turn To Suicide In Long-Term Care. Kaiser Family Foundation. Retrieved 26 January 2022.
³National Institute on Aging (NIA). (29 July 2020). Elder Abuse. U.S. Department of Health & Human Services. Retrieved 26 January 2022.

Additional Resources

• Proving Negligence in Nursing Home Abuse Cases
• Proving Damages in Nursing Home Abuses Cases
• Nursing Home Neglect and Bedsore Lawsuits
• National Suicide Prevention Lifeline