Miami Nursing Home Abuse Attorneys
Protecting those who cannot protect themselves!
If you have a loved one who lives in a Florida nursing home, you expect the professional staff to provide the highest level of care. In some cases, however, the residential settings where elders should receive respect and compassion become more akin to prisons.
Elder abuse — from stealing money to verbal harassment and even physical violence — occurs when nursing homes mistreat their residents in some manner. Relatives who rely on nursing homes to care for their older family members may live far away or may not be in a position to continuously monitor living conditions. Unchecked, nursing home neglect or abuse can cause significant emotional, financial and physical harm to seniors.
Nursing homes provide a variety of nursing and medical services, and elder abuse in institutional settings can qualify as medical malpractice. If you are a loved one of a senior who is suffering — or if the mistreatment is directed at you personally — it’s critical that you work with experienced legal counsel to help you stop the nursing home elder abuse and seek compensation for damages incurred.
The nursing home abuse lawyers at Kaire & Heffernan have helped numerous families of elders throughout Florida recover compensation over the past 30 years. Call us at 866-769-0123 for a free consultation.
Types of Nursing Home Abuse
Seniors can suffer abuse in many settings, including licensed nursing homes, skilled nursing facilities, and assisted living facilities. Nursing home negligence and abuse also can occur in a variety of forms, including sexual, verbal, physical and financial.
Abusers in a nursing home can include staff members, vendors, other residents, and family members or friends of either staff members or residents. In some cases, abuse such as physical violence is apparent and may be observed by many people. However, other nursing home abuse cases such as financial abuse may be more discreet and difficult to detect.
Other forms of abuse include false imprisonment and neglect, which can constitute abuse if it results in tangible harm to a senior. For example, failing to provide proper hygiene services can lead to infection, which can result in physical illness.
Here are some types of nursing home abuse:
- Physical abuse includes anything from grabbing an elderly resident by the arm to pushing them down the hallway. A common form of physical abuse involves slapping or hitting someone.
- False imprisonment occurs when staff or other individuals in a nursing home confine a resident to a certain area, sometimes by leaving the resident without a needed mobility device.
- Financial abuse can include a staff member stealing money or personal property from a resident. A resident being pressured into signing a false will or deed also would be a form of financial abuse.
- Emotional abuse can include intimidation and ridicule.
- Sexual abuse can occur when an elder is forced to undress, participate in sexual acts, or view objectionable materials against their will.
- Staff members also may abuse nursing home residents by providing fraudulent medical care, including administering too little or too much medication.
Detecting Abuse
A range of warning signs can indicate different types of elder abuse within nursing homes. Signs of physical abuse may include bruising, bleeding or other physical marks; rapid and unexplained weight loss; bed sores; broken bones; marks left from restraints; and sedation or confusion due to incorrect medications.
A senior who has been sexually abused may have bruising or bleeding in genital areas, or they may suffer from sexually transmitted diseases. If you are in the facility and notice a caregiver, a visitor or another resident exhibiting hostile behavior — including yelling, threatening, intimidating or controlling — you should consider it a possible sign of emotional or physical abuse.
In addition, a senior who is being emotionally abused or intimidated may exhibit behaviors similar to those of dementia, such as talking to themselves or rocking. If your loved one seems afraid of certain people in the nursing home, you should investigate the cause and contact our law firm to discuss your options.
At Kaire & Heffernan, our experienced Miami nursing home abuse attorneys can help you determine if your loved one is in immediate danger. We will assist in filing a civil lawsuit to recover monetary damages for any injuries sustained during the course of abusive treatment and to prevent further abuse from happening.
Take Action if You Suspect Nursing Home Abuse
If you believe your loved one has suffered past abuse in a nursing home or currently is being abused, you must act promptly to stop the abuse. Working with an experienced Florida nursing home abuse lawyer ensures that you take the right steps to protect your relative and hold the nursing home accountable.
Your attorney will work with you to verify your loved one’s account of the abuse, gather medical records and other evidence, and speak to other residents and visitors who may have witnessed the abuse. If your relative is in imminent danger, getting the individual into a safe environment right away is critical, even if that means moving to another nursing home.
If you believe criminal acts — including physical violence, sexual abuse or theft — have occurred or are ongoing, alert law enforcement authorities immediately. The district attorney may file criminal charges against individuals at the nursing home if an investigation finds evidence of criminal behavior. Your attorney also can assist you with filing a nursing home abuse claim and a complaint with the appropriate government agencies.
Federal, state and local laws hold nursing homes to a high standard of care. Nursing homes that flout their position of trust in the community and allow staff members, residents or visitors to perpetrate abuse on seniors open themselves up to criminal charges and civil litigation.
If you or a loved one have suffered abuse in a nursing home, you must work with skilled personal injury lawyers to receive fair compensation. To speak to an attorney about your case, please contact Kaire & Heffernan in Miami-Dade County, Florida.