Nursing Home Abuse
Nursing home abuse and neglect occur when nursing home doctors and staff do not provide proper care for their residents. The signs of nursing home abuse are often difficult to detect, because victims cannot always speak for themselves. The following are, however, several common signs of nursing home abuse:
- Untreated bed sores
- Open wounds, cuts, bruises, or welts
- Torn clothing or broken personal items
- Bruising in a pattern that suggests the use of physical restraints
- Excessive and rapid weight loss
- Fleas, lice, or dirt on the elder or in the room
- Abnormally pale complexion
- Persistent odor of feces or urine
- Poor personal hygiene or other unattended health problems
A careless staff may indicate that an elder is suffering from nursing home neglect. Several conditions may suggest neglect:
- Lack of proper heating or cooling in the nursing home
- Caregiver’s inability to explain or answer questions about the elder’s physical or mental condition
- Caregiver’s refusal to allow visitors to see the elder alone
- Caregiver’s permitting or failing to notice the elder to wander off the premises
- A sudden change in the elder’s medication or daily routine
If you suspect that a loved one is the victim of nursing home abuse or neglect, contact a Florida nursing home negligence lawyer as soon as possible. The experienced nursing home negligence lawyers at John Bales Attorneys understand that addressing nursing home abuse can be an emotionally demanding endeavor that requires extensive preparation and legal expertise. Our knowledgeable team of attorneys and case managers will work closely with you, to help to provide the health and safety of your loved one. To discuss your concerns with a Florida nursing home and neglect attorney, 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.
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.
Nursing Home Resident's Bill of Rights
The government has passed legislation that protects the rights of nursing home residents.
Usually called the Nursing Home Resident’s Bill of Rights, this legislation includes
provisions to protect residents from abuse and neglect in Florida nursing homes:
The Right to Be Informed: Nursing home residents have the right
to be informed about nursing home policies, and about their individual rights as
residents. Residents must be informed of these rights upon admittance to a nursing
home.
The Right to Choose a Physician: Residents have the right to choose
their own doctors and pharmacies. They do not have to use the nursing home’s physician
or pharmacy.
The Right to Know about Medical Conditions: Every nursing home
resident has the right to be fully informed of all medical conditions, unless the
resident’s chosen physician believes that it is not in the patient’s best interests
to be informed.
The Right to Participate in the Plan of Care: Nursing home residents
must be given the opportunity to participate in the planning of their own medical
care. This provision also gives nursing home residents the right t refuse medical
treatment.
The Right to Be Free from Abuse and Restraints: Residents have
the right to be free from mental and physical abuse, and from chemical or physical
restraints. Only a physician can authorize a restraint, in the event that there
is threat of injury.
The Right to Privacy, Dignity, and Respect: Nursing home residents
have the right to be treated with consideration, respect, and full recognition of
their dignity and individuality. This includes privacy in treatment and care for
their personal needs.
The Right to Manage Personal Finances: Residents have the right
to either manage their own funds or authorize someone else to manage them. If residents
authorize the nursing home to manage their funds, they have additional rights:
- To know the whereabouts of their funds and the account numbers
- To receive a written accounting statement every three months
- To receive a receipt for any funds spent
- To have access to their funds within seven banking days
The Right to See Visitors: Nursing home residents have the following
rights regarding visitation:
- Residents may receive any visitor of their choosing and may refuse a visitor permission
to enter their room. Residents may end a visit at any time.
- Residents have the right to immediate access by family members and reasonable access
to others.
- Eight visiting hours per day must be posted in a public place.
- Members of community organizations and legal services advocates may enter any nursing
home during visiting hours.
- Communication between nursing home residents and visitors is confidential.
- Visitors may talk to all residents and offer them personal, social, and legal services.
- Visitors may help residents claim their rights and benefits through individual assistance,
counseling, organizational activity, legal action, or other forms of representation.
The Right to Confidentiality: Residents have the right to confidentiality
of personal medical records, and the right to access those records within 24 hours
of a request.
The Right to Be Made Aware of Services and Charges: Residents have
the right to be made aware of the nursing home’s services, and of charges related
to those services. This includes charges for services not covered by the facility’s
fee, Medicare, or Medicaid.
The Right to Voice Grievance without Retaliation: Residents have
the right to voice grievances and recommend changes in nursing home policy and services
to facility staff and/or outside representation of their choice, without fear of
coercion, discrimination, or reprisal.
The Right to Organize and Participate in Groups: Nursing home residents
have the right to organize and participate in groups within the nursing home. Residents’
families have the right to gather at the nursing home with other residents’ families.
The Right to Participate in Social, Religious, and Community Activities:
Residents have the right to participate in social, religious, and community
activities that do not interfere with the rights of other nursing home residents.
The Right to Examine Reviews: Nursing home residents have the right
to examine the most recent review of the home. The government requires that nursing
homes be reviewed yearly.
The Right to Remain in the Nursing Home: Residents may only be
discharged or transferred for medical reasons, their own welfare, or the welfare
of other residents. They must be provided with a written 30-day notification of
transfer or discharge.
If you feel that your rights, or the rights of a loved one, have been compromised
by a nursing home, contact a John Bales Florida nursing home negligence attorney
today. 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.