Nursing Home Abuse FAQ
If I take legal action against the nursing home, will the abuse stop?
Usually legal action results in an end to the abuse. If it is clear who
is responsible for the abuse or neglect, the nursing home will probably remove those
employees on their own. If the perpetrator’s identity is not apparent, our
investigators will attempt to find out. An experienced Florida nursing home negligence
attorney will pursue the abusers’ immediate removal from their positions.
How do I get my loved one out of a negligent or abusive nursing home?
Before removing a loved one from a nursing home, it is important to first arrange
other care. At-home health service is often the better option. Check the internet, yellow pages,
or contact our office to find a reputable home-health service. If home-health care
is not economically feasible, consider hiring a nurse to watch your loved one at
the nursing home. Contact a Florida nursing home abuse lawyer to begin the process
of safely and quickly removing your loved one from abusive or negligent care.
How long will it take to ensure that my loved one is safe?
Our first concern is helping you explore your options, so that you can get safe
care for your loved one as soon as possible. Once legal action begins, the length
of a nursing home abuse and neglect case varies, based on the specifics of the case.
Often, if the abuse was flagrant or severe, the nursing home will settle out of
court as quickly as possible. In other cases, when the nursing home does not believe
the abuse was significant, it may take longer to reach a settlement. Such cases
sometimes go to court, where a judge and jury will determine the amount of damages.
At John Bales Attorneys, we treat every case as if it will be tried in court, to
ensure that we are thoroughly prepared for any situation. We also constantly work
to move our clients’ cases toward satisfactory resolution.
What if a resident says that nursing home caregivers are abusive, but the resident
suffers from dementia or Alzheimer’s disease?
Take the resident’s complaints seriously, and look for signs of abuse or neglect.
If any of these signs are present, contact a Florida nursing home abuse lawyer immediately.
An experienced attorney can investigate abuse allegations and gather evidence to
demonstrate abuse or neglect.
Can a nursing home evict a resident?
Nursing home residents cannot be discharged from a nursing home for minor issues
like how clean they keep themselves or their living area. Residents can be discharged
for the following reasons:
- Failure to pay rent
- Posing a safety threat to other residents
- Requiring special medical care not offered by the nursing home facility
- Improvement of condition that negates the need for nursing home care
The Nursing Home Resident’s Bill of Rights grants nursing home residents the
right to fair treatment. Residents have the right to appeal any nursing home discharge.
How do courts measure the worth of a Florida nursing home negligence or abuse injury?
Courts use rulings and awards from previous nursing home abuse and negligence cases
to help determine fair compensation for a victim’s pain and suffering. Your
Florida nursing home negligence attorney will also use these precedents as a guide
to estimate our settlement offer to the nursing home. However, your case is technically
worth either the maximum amount the nursing home will agree to award, or the maximum
amount awarded by the judge and jury, if your case goes to court. Compensation in
a nursing home injury case depends on multiple factors, including how the abuse
or neglect occurred, the type of injuries suffered, the permanence of the injuries
or resulting medical problems, the cost of future medical care, and other pain and
suffering.
If you still have questions or concerns about the safety of your loved one, complete
a FREE Online Consultation Form or call us toll free 1-800-CALL
JOHN (1-800-225-5564) 24 hours, 7 days a week.