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A nursing home or assisted living facility is often charged with the responsibility of caring for elderly loved ones.
The cost of nursing homes is often very high. Yet we happily pay the costs because we want to make sure that those we love are living in a comfortable and enjoyable way.
Yet time and again we see cases where there are nursing home abuse and neglect for our elderly loved ones. In the interests of profits, these nursing homes spend the least amount of money possible on their employees. This results in substandard care of our loved ones.
With our population getting older and the need for these services going up, our nursing home attorneys file claims with the hopes of not only writing the wrong that’s already been done but also discouraging future horrible conduct by these One of these federal regulations is 42 CFR sec. 483.25, which states:nursing homes.
If you or a loved one has suffered abuse or neglect at a nursing home or assisted living facility, read on to learn your rights and how we pursue legal action.
What Care the Nursing Home is Supposed to Provide
Most nursing homes and assisted living facilities accept Medicare. Because Medicare is a federal grant program, federal regulations are applied to the standard of care provided in these nursing homes.
One of these federal regulations is 42 CFR sec. 483.25, which states
Each nursing home facility that accepts Medicare must make sure that:
- the resident environment remains is free of accident hazards as possible, and
- each resident in the home receives adequate supervision and assistance devices to prevent accidents
If the nursing home provides these safety nets as provided by federal regulations, then the home is negligent and can be sued.
Nursing Home Abuse Warning Signs
While some signs of nursing home abuse seem obvious, we found that when loved ones are visiting their families regularly, especially when their family members are in the late stages of their life, that certain signs of nursing home abuse can go unnoticed for some time.
Often these signs can be dismissed as examples of old age or dementia. But the reality is that a well cared for individual in a nursing home will not have the signs listed below. These include:
- Silencer with wrongness of the individual around his or her caretakers.
- Unexplained infections or sores or diseases.
- Changes in individuals will or other power of attorney.
- Physical discomfort.
- Mental anguish.
We found that individuals in nursing homes have no less sense of pride just because they are unable to care for themselves anymore. As a result many residents of nursing homes can feel shame or disgust or disappointment at their situation. After all they can’t care for themselves anymore and they don’t want to talk about it.
The unfortunate result though is that they may be shy about coming forward and explaining what’s happening, even to their closest relatives and family.
It’s vital that the loved ones that are visiting their family members in nursing homes keep an eye out to make sure that the experience that their loved ones are getting is the best possible experience they can have. It’s vital that these loved ones look out for any signs of nursing home abuse or neglect.
Types of Nursing Home Abuse Seen in Florida
We handle a variety of nursing home abuse cases. The potential lawsuits that we handle in nursing home cases include:
These are actions where there is intentional physical abuse of an elderly person in a nursing home by a employee of the nursing home. This can include battery or unwanted physical contact over-medication, force-feeding, and using restraints.
A more severe type of physical abuse is sexual abuse which can occur in nursing homes when a staff member, another resident, visitor stranger or other person sexually abuses a resident. Much like regular sexual abuse cases, these focus on a resident who is either sexually abused against their will or who doesn’t have the necessary mental capacity to give consent to the sexual activity.
Aside from physical abuse cases we see emotional abuse cases in nursing homes. Emotional abuse can take the form of threats, sarcastic remarks, or other verbal abuse. Emotional abuse can also refer to manipulative behavior when a nursing home staff member puts the resident in fear that they will not have the basic necessities like food or clothing if they don’t do what the staff member requires them to do.
Most common in nursing home cases is negligence via neglect. These cases are any sort of situation where the nursing home resident needed more care and through the negligence of the nursing home staff or provider didn’t get the care they needed. This can be the case where a resident is not turned or removed from their bad enough so that they develop bed sores. This could also be the case where a resident who needs assistance going to the bathroom is neglected that assistant leading to a fall. We also see cases where residents don’t get those basic necessities of life, whether it’s assistance with their hygiene, appropriate food, or the right amount of shelter. We also see cases where residents are sick and are not taken to the hospital when they need to be or otherwise provided medical care.neglected
Examples of Cases for Liability Against Nursing Homes
The nursing home or assisted living facility has a duty to make sure that a resident is in the hands of an appropriate care provider. If the care provider is unequipped or unable to do the job is not doing the right job and there might be a claim for negligent and trust.
Likewise the nursing home or assisted living facility has a duty to make sure they hire the appropriate people. If the people hired are substandard and incapable of doing what they need to do, than there can be a cause of action against the nursing home for hiring the wrong staff members.
Lack of Staff
Not only does there need to be the right staff members but a nursing home has to have enough staff members. When profits drive the ultimate result, managers and nursing homes may try to skimp on staff in order to keep profits high. When there’s not enough staff to take care of the residents, there can be a claim for lack of staff.
Nursing homes need to not only have the right number of people and the right people doing the work, they also need to make sure that they train those people to do the hard work of caring for our elderly. If the nursing home hasn’t done the right job in training their staff members to do the work needed then there can be a claim for improper training.
Third Party Claims
We are living in an era of outsourcing and independent contractors. We are seeing more and more cases where the claim is not only against the nursing home or assisted living facility but third-party contractors that are coming in and doing work under the umbrella of the nursing home. In these cases, we will often file suit against all providers and all possible players including contracted nurses, contracted doctors, and the like.
Our elderly require a lot of medication. If the nursing home staff has been negligent and provided the medication wrongly, both with the amount of the dosage and the type of medication, then there can be a claim for the medical errors.
How Our Nursing Home Abuse Attorneys Can Help
Nursing home abuse is a national problem. A study by the National Center on Elder abuse found that 44% of nursing home residents had stated they were abused and 95% of nursing home resident residents said that they were a victim of or had witnessed neglect.
The treatment by these nursing homes of our elderly is a national tragedy.
Yet time and again Florida lawmakers have modified the laws to try to protect big business. As recently as 2015, Florida lawmakers changed the law to make it more difficult on nursing home abuse lawyers by protecting big businesses and shielding their pockets.
And nursing home abuse attorneys are well aware of these tricks. No matter how difficult the lawmakers try to make it, we continue to fight and succeed in bringing justice to our nursing home victim clients and their families.