LAKE WORTH NURSING HOME ABUSE LAWYERS
LAKE WORTH NURSING HOME ABUSE LAWYERS
Did Your Loved One Suffer From Nursing Home Abuse or Neglect in Lake Worth?
Nursing home abuse is a serious concern in the US. Thousands of seniors across the US are abused in nursing facilities every year. However, most cases of abuse go unreported.
The latest statistics show that there are over 1.3 million Americans over the age of 65 in nursing homes. These make up the majority in nursing home facilities. Abuse of elderly individuals is a ‘silent’ societal problem as there are no official statistics that show how many of the elderly are being neglected, exploited, or abused.
What Is Considered Nursing Home Abuse in Legal Terminology?
Elderly abuse has been defined by the Centers for Disease Control and Prevention as neglect or abuse in the care of persons over the age of 60 by a caregiver.
Following are some of the examples of Florida nursing home abuse that can be the basis of a criminal court case.
- A nursing staff forcibly administers psychotropic or sleep drugs to an elderly resident for one’s own convenience instead of the need of the resident
- A supervisor in a nursing home does not take action against a caregiver that pinches or slaps at an elderly resident
- A nurse physically or sexually assaults a disabled resident
Federal and Florida Laws Against Nursing Home Abuse
Various federal and state laws are present that protects the vulnerable senior residents of nursing homes. The laws are applicable to all nursing homes that are operating in the US.
Long Term Care Ombudsman
Long Term Care Ombudsman is a federal legislative program created to protect the rights of senior individuals. The act was created for residents of the nursing home in each state. Under this act, an ombudsman in each state is responsible for resolving complaints regarding elderly neglect, abuse, or exploitation.
Nursing Home Reform Act
Nursing Home Reform Act is a federal regulation that has set a basic level of care for nursing home patients. This act has introduced fundamental rights of residents that include the right to be treated with dignity, respect, and care.
Nursing home carers are required to ensure that the privacy of the residents is protected. They will be answerable for failure to take good care of the residents. Under the legislation, carers are required to ensure that the social, psychological, and medical needs of the patients are met.
Florida Adult Protective Services Act
The Florida Adults Protective Services Act was passed in 1973. Sections F.S. §§415.101 through 415.113 describe some of the responsibilities of care providers in nursing homes. The caregivers are legally responsible for abuse, exploitation, or neglect in providing care to the elderly individual.
Types of Nursing Home Abuse Cases
Residents of nursing home abuse can experience different types of abuse. Here are the common types of nursing home abuse in nursing homes.
Physical abuse involves physically hitting or punching the resident. The abuse also includes using a physical restrainer that results in bodily injury.
Psychological abuse is also a type of nursing home abuse that can be the basis of a lawsuit. Examples of this kind of abuse include criticizing, yelling, shaming, or humiliating a resident in any way. Residents who are subjected to psychological abuse may show changes in behaviors.
Sexual abuse refers to unwanted sexual advances towards a helpless resident. The abuse can lead to psychological or physical harm to the resident. Often, this type of abuse is experienced by residents who are cognitively deficient such as dementia patients.
Lack of Care
Not taking due care of an elderly resident is another abuse that can be the basis of a lawsuit. Carers are required to take care of the needs of individuals such as food, water, clothing, and personal hygiene. Neglect, in this case, can result in serious conditions such as skin infections, bed sores, dehydration, and malnutrition.
Abuse by Other Residents
Nursing supervisor and staff are required to ensure that residents don’t abuse each other. The abuse may be psychological, physical, or sexual. Not protecting a resident from other residents will make the guilty nursing staff liable for any injuries.
Nursing home abuse also includes the financial exploitation of a resident. The caregiver may steal or wastefully spend the personal financial income of the resident. Moreover, the caregiver may carry out identity theft to open a bank account or apply for a credit card.
Signs and Symptoms of Nursing Home Abuse in Lake Worth
Fractures and bruises are a sign that the elderly resident may be subjected to abuse at the nursing home. In addition, deteriorating health condition is a sign that the elderly individual may be subjected to nursing home abuse. Other signs and symptoms of nursing home abuse include the following.
- Change in mental state or consciousness such as confusion, trance or stupor.
- Behavioral changes
- Rapid loss of weight
- Frequent injuries
- Nursing Abuse Lawsuits
Victims or family members of the resident who has experienced nursing home abuse can file a lawsuit in Florida. Both criminal and civil charges can be brought against the guilty party. In addition, surviving members can file a wrongful death case in case a senior person dies due to nursing home abuse. Speak with a Lake Worth wrongful death lawyer to help discuss your wrongful death details and legal options.
The lawsuit can be filed against the nursing staffs who have abused an elderly resident. The case can also be brought against administrators and managers who supervise the staff guilty of nursing home abuse. Lastly, you can file a nursing home abuse case against the owner of the nursing home.
Florida Statute 492.296 mandates that nursing abuse victims should file a case within two years of the incident. So, it’s important that you contact Lake Worth Nursing Home Abuse lawyer soon after knowing about nursing home abuse.
Experienced Lake Worth personal injury attorneys can help in protecting the rights of an elderly nursing home resident. The attorney will evaluate the case and suggest legal remedies that can help bring the guilty party to justice.