Nursing Home Abuse

Nursing Home Abuse FAQ

Has Your Loved One Been Mistreated at a Nursing Home? Call John Bales Attorneys.

  1. What should I do if my loved one is being abused?
    At John Bales Attorneys, our nursing home abuse attorneys suggest taking the following actions to help protect the health, safety, and legal rights of your relative:
    • Seek outside medical attention.
      Transport your loved one to a hospital or alternative treatment center for a medical evaluation.
    • Gather evidence of the abuse.
      Take photographs of injuries, room conditions, and anything else that may reflect neglect or abuse within the facility. Collect witness statements from residents and staff within the facility.
    • Report the abuse.
      Report the abuse or neglect to the nursing home’s management and state government authorities as soon as possible.
    • Move your loved one.
      Find a new facility capable of providing proper care for your relative. Our legal staff has created a resources page to provide you with the tools you need to find a quality nursing home.
    • Contact John Bales Attorneys.
      Get legal representation that can help improve the quality of your loved one’s life. Contact us 24 hours a day, 7 days a week—call (800) 225-5564 or complete our free initial consultation form today.
  2. Can a nursing home use restraints on my loved one?
    According to Florida law, a nursing home can only physically or chemically restrain a resident when restraints are authorized in writing by a physician for a limited period of time, or when required due to a medical emergency.

    In cases where restraints are legally allowed, they must be applied by a licensed nurse. Restraints can never be used in place of proper supervision, as punishment, or for any reason other than a resident’s safety.

  3. What determines the value of a nursing home abuse case?
    Without first reviewing the facts of your case, it is hard to determine the value of your claim. All cases are different, so the duration and severity of the facility’s abuse are just two of the factors that can affect how much a claim is worth. At John Bales Attorneys, our nursing home abuse lawyers will examine the facts of your loved one’s claim to provide you with legal options.

  4. Is a nursing home allowed to evict my loved one?
    Federal law states that nursing homes cannot discharge or transfer a resident unless a:
    • Move is necessary for the resident’s welfare.
    • Move is necessary to protect the welfare of other residents or staff.
    • Resident fails to pay a charge for a service offered after reasonable notice is given.
    • Medical improvement causes nursing home care to no longer be necessary.
    Additionally, residents must receive at least 30 days’ notice before a discharge or transfer, and they must be allowed to appeal the move.

  5. What if my loved one claims to be the victim of nursing home abuse or neglect, but suffers from dementia or Alzheimer’s disease?
    Any claim of nursing home abuse should be taken very seriously. Listen to your loved one’s complaints closely, and look for signs of abuse or neglect. If you find any evidence confirming his or her allegations, seek medical attention and report the abuse as soon as possible.

    Then consider seeking the help of the experienced nursing home abuse attorneys at John Bales Attorneys. We will do everything we can to help ensure the safety of your loved one.