Delray Beach Nursing Home Abuse Lawyers
For many Delray Beach caregivers, the decision to place a loved one in a nursing home facility is never easy. Reports indicating widespread abuse and neglect may further aggravate feelings of guilt and anxiety, but when the physical, emotional, and financial cost of attending to the needs of a dependent adult becomes too burdensome, there may be no other option.
Aggression, safety, and escalating health concerns are valid reasons to seek assistance from skilled professionals; however, despite federal and state regulations, not all nursing homes are the same. If you or a loved one has been a victim of nursing home abuse, contact an experienced Delray Beach nursing home abuse and neglect attorney to discuss your legal options, as you may be entitled to financial compensation.
Understanding Florida’s Nursing Home Abuse and Neglect Laws
Florida’s nursing home residents deserve to live in a safe and dignified manner. Any form of mistreatment that causes harm to an elderly person constitutes abuse. When a loved one enters a nursing home, the facility assumes a legal duty of care to meet the resident’s basic medical and social needs. A facility and its employees can be held liable for any damages arising from negligible activity, including, but not limited to, medical bills, disability, pain and suffering, and disfigurement. The statute of limitations for filing a claim in Florida is two years or up to four years in cases where fraud or misrepresentation impedes discovery of an abuse or neglect incident.
Signs of Neglect and Elderly Abuse
It is important to note that victims of abuse and neglect may fail to self-report due to an overwhelming sense of fear, shame, or embarrassment. Certainly, abuse may be the most reprehensible form of maltreatment, but prolonged neglect can ultimately be life-threatening, particularly for those with reduced cognitive abilities.
The attorneys at the Shiner Law Group provide a list of telltale signs that abuse and neglect are present:
- Pressure ulcers
- Sudden and unexplained weight loss
- Unusual changes in behavior or emotional withdrawal
- Poor personal hygiene (i.e., soiled clothes, body odor, etc.)
- Unexplained bruising, bleeding, abrasions, diseases, or infections
- Muted demeanor in the presence of nursing home staff
- Malnutrition or dehydration
- Changes made to the loved ones will or power of attorney
- Sudden financial hardship or bills left unpaid
If you suspect abuse and neglect exist, consult your loved one in a safe environment to investigate further. Record detailed accounts and all relevant information associated with the incident. Contact the nursing home administration and appropriate authorities to report your findings and seek immediate legal counsel.
Risks Facing Elderly Residents of Long-term Care Facilities
According to the National Center on Elder Abuse (NCEA), one-third of all nursing home facilities in the United States have been cited for substandard care, with those treating patients suffering from dementia at greater risk for abuse and neglect. Unprofessional staff dynamics, poor training, insufficient personnel, and income prioritization are driving factors that contribute to abuse and neglect cases.
Filing A Nursing Home Abuse Claim
Nursing home facilities and their insurance providers are equipped with an arsenal of litigation resources designed to damage claims and reduce financial liability. Nursing home staff may even dispute claims by falsifying records or attributing physical or mental deterioration to the aging process.
At the Shiner Law Group, we aggressively surmount these insurance ploys by investigating the improper conduct, working with a network of industry experts, and guiding our clients through the civil litigation process to pursue a broad range of damages for the strongest financial compensation package. Our Delray Beach personal injury lawyers are committed to holding negligible parties, who owe a legal duty of care to our most vulnerable community members, responsible for their egregious activity.
For over 15 years, our law firm has recovered millions of dollars representing victims of nursing home abuse and neglect in Delray Beach, because we are devoted to safeguarding our clients’ rights. We understand the hardships involved with nursing home abuse and neglect cases, so we make every effort to negotiate a fair settlement to ensure a swift and healthy recovery; however, we are nevertheless prepared to take your case to trial to fight on behalf of your legal and financial interests.