Nursing Home Abuse and Neglect Lawyers
While the majority of nursing homes and assisted living facilities demonstrate exceptional kindness, compassion and care, sadly, abuse and neglect still can occur to the residents in these long term care facilities. The physical and emotional damages caused by nursing home abuse can be devastating to the resident. Their health may begin to decline rapidly and it can even lead to wrongful death.
The elderly are at particular risk for abuse and neglect because they are vulnerable. They may suffer from physical and cognitive limitations and are dependent on others. Additionally, many are either unable to report the abuse or neglect or are fearful that if they report it, they will be retaliated against and further harmed.
When the nursing home or assisted living facility breaches the recognized standard of care in the treatment of a resident, causing physical harm, emotional injury or death to the resident, it should be held responsible. If you suspect a long term care facility is causing abuse or neglect to yourself or a loved one, you should report it immediately to law enforcement. You can also discuss your rights and legal claims by contacting us at (561) 444-7980 to schedule a confidential, in-person meeting.
What are Some Signs of Nursing Home Abuse and Neglect?
Some common signs of nursing home and assisted living facility abuse and negl
ect include the following:
- Bed sores, pressure sores and decubitus ulcers
- Being left wet or soiled with feces
- Chemical restraints
- Defective equipment
- Failure to properly manage pain
- Inattentive staff
- Inefficient help at meal times
- Lack of care, clothing, bathing, personal hygiene
- Medication errors
- No supervision or inadequate supervision
- Over sedation
- Physical constraints
- Safety hazards
- Scalding (from being placed in tubs of water that were too hot)
- Sexual abuse
- Shutting off call lights without providing the help requested
- Substandard medical care
- Theft of money and personal property
- Unsanitary conditions
- Untrained or insufficient staff
- Unwanted touching
- Weight loss or gain
Additionally, the following can also be signs of physical, verbal or psychological abuse to a resident: aggressiveness, rough handling, punching, pushing, shoving, grabbing, slapping, kicking, hitting, pinching, throwing objects, yelling, swearing, threatening, harassing, cursing, isolating, denying food or privileges, and attempts to humiliate or intimidate residents.
How are Nursing Home Abuse and Neglect Cases Evaluated and Proven?
Nursing home abuse and neglect cases are complex and require a highly qualified team of experts to prove that the facility in question did not abide by the required standard of care that led to the unnecessary injury. The expert will opine on how the standard of care was breached, in which manner the standard of care was breached, what injuries or damages resulted from the breach in care, and how there is justification for the injured’s claim for nursing home abuse and neglect. Retention and development of well-qualified and credible experts are required for successful claims.
What Types of Damages are Available in Nursing Home Injury Cases?
If you or a loved one has been injured due to nursing home abuse, neglect or injury, you may be able to recover compensation for the following:
- Medical expenses
- Pain and suffering
- Emotional distress
- Wrongful death damages, including loss of companionship, funeral costs and lost financial support
- Punitive damages in limited circumstances
- Any other damages by statute and/or deemed fair and just by the Court
Some residents may be bound by arbitration agreements, and many states have certain limitations on the economic and non-economic damages recoverable, so it is important to consult with a knowledgeable attorney to discuss your claims and recovery options.
Consult with a Nursing Home Abuse and Neglect Attorney
If you believe that you or a loved one has been harmed as a result of nursing home, ALF or long term care facility abuse or neglect, it is important to consult with an attorney promptly. Contact the lawyers at Barbuto & Johansson, P.A. to discuss your claim, legal rights and options. To schedule a free and confidential consultation, contact us today at (561) 444-7980 or fill out our online form. Our attorney, Anthony M. Barbuto, has a substantial amount of experience working with elderly clients, and can add an invaluable perspective when handling personal injury matters in nursing home abuse or elder abuse cases.
Nursing Home Abuse and Neglect and Elder Abuse Attorneys serving Wellington, Loxahatchee, Loxahatchee Groves, Palm Beach, Royal Palm Beach, Green Acres, The Acreage, Westlake, West Palm Beach and throughout the states of Florida, California and New Jersey.