Nursing home patients deserve to be treated with dignity.
We’ve helped many families whose loved ones have been victims of abuse in nursing homes.
We expect nursing homes and assisted living facilities to care for our loved ones as much as we would. But sometimes, they don’t. Nursing home abuse or neglect can occur in many different ways, and when it does, the devastating result could mean permanent injury or death inflicted on your loved one. It’s horrifying to find out that a family member has been injured, abused, or even killed by the people who were supposed to be caring for them.
You and your family have rights that ensure that when you place a loved one in nursing care, they will be treated with their safety and dignity in mind. Unfortunately, in Florida, neglect by nursing care and management happens. Nursing facilities can become driven by profits over people, resulting in serious harm, injury, or death of the patients under their care.
While most nursing homes operate efficiently and safely, it’s OK to be concerned. Often, elder people, frail nursing home residents may find it difficult to express what is happening to them – but you have a right to know for sure that they are being taken care of.
Nursing home abuse can be devastating for you and your loved ones. When an injury does happen, your loved one may have to deal with repeated medical treatment for injuries, when they were already not in the best physical condition due to age or illness. Meanwhile, the insurance company isn’t trying to help—they’re trying to minimize the compensation they pay out. Our team of nursing home abuse injury lawyers at the Law Offices of Craig Goldenfarb, P.A. understand your legal rights. We will fight to get your loved one the maximum amount of compensation possible, so they can find a new care facility and get their life back to normal as soon as possible.
Nursing Home Abuse Case Types
There are many types of nursing home abuse. Sadly, nursing home residents may be abused physically, mentally, emotionally, sexually, financially, or a combination of the above. The Law Offices of Craig Goldenfarb, P.A. have a team of attorneys dedicated to evaluating all aspects of a nursing home abuse injury case, from the physical evidence, police reports, witness statements from other residents or workers at the home, and other evidence.
Although abuse can happen in many ways, injuries from being struck or neglected are common. If someone is physically abusing your loved one, they may have mysterious bruises, broken bones, or other injuries. They may also be reluctant or embarrassed to talk about these injuries. If a family member is neglected, they may suffer frequent falls as a result of not having help getting around. These falls can also lead to bruises and other injuries.
Abuse doesn’t have to be physical. Nursing home residents may be emotionally or financially abused by caregivers who belittle them or threaten or coerce them into handing over money. If you notice your family member suddenly seems short of cash when they were well set before, this could be a sign of financial abuse.
Sexual assault and abuse also happen to patients in nursing homes and can cause lifelong trauma, anxiety, PTSD, and other issues for the victim.
There are many things to look out for if you suspect a loved one is being abused. These include:
- Fractures
- Bruises
- Torn clothing
- Cuts/Unexplained bleeding
- Bedsores
- Wandering/Leaving facility
- Dehydration
- Malnourishment
- Unexplained diseases or infections
- Failure to guard against falls
- Medication errors
- Mysterious bruising
- Failing to properly turn residents causing skin breakdown/sores
- Changes in behavior (e.g. unexplained anger or crying, erratic moods)
- Bedsores
- Unreasonable restraints
- Physical or sexual assaults
- Weight loss due to malnutrition
- Failure to care for patient’s hygiene
The nursing home abuse injury attorneys at the Law Offices of Craig Goldenfarb, P.A. will take the time to investigate the details of your family member’s case. We won’t stop until we determine the most advantageous legal strategy to obtain the best outcome possible for your loved one. We will also assist you if you need help moving your loved one to another facility in an emergency, so you can prevent further abuse.
Proving Liability And Recovering Damages In Nursing Home Neglect Claims
In order to recover the most compensation possible, it is essential to work with an experienced attorney to prove liability in your or your loved one’s nursing home neglect claim. At the Law Offices of Craig Goldenfarb, P.A., our team of skilled lawyers can help you identify the liable party and collect evidence to prove their liability. In the legal system, there are four elements of liability, they are:
- Duty of care – the defendant had a legal duty to care for the plaintiff
- Breach – the defendant breached their duty of care to the plaintiff
- Cause – the breach in duty of care caused the plaintiff to be injured
- Damages – the injury caused the plaintiff to suffer real damages
Once you prove liability, you can recover the compensation you deserve.
Types of Compensation Available in These Situations
Nursing home abuse victims may be able to recover various types of compensation if their claim is successful. At GOLDLAW, we firmly believe in helping victims and their families recover the compensation needed to help alleviate the pain and suffering caused by the nursing home abuse, as well as relocating to a facility that will respect human rights. Our goal is to help recover both economic and non-economic damages in these situations.
Economic damages refer to the financial losses a victim of nursing home abuse may incur. These damages are quantifiable (calculable) and cover costs directly resulting from the abuse. For nursing home abuse victims, economic damages can include medical expenses for treating physical injuries, rehabilitation costs, and therapy for psychological harm. If the abuse necessitates a change in care facilities, relocation expenses may also be included. Additionally, if the victim was financially exploited, economic damages could cover the recovery of stolen assets or misused funds. The aim of awarding economic damages is to restore the victim financially to the position they were in before the abuse occurred.
Non-economic damages encompass the intangible losses suffered by victims of nursing home abuse, which are not easily quantifiable in monetary terms. These damages aim to compensate for the physical pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship or consortium if the abuse has affected the victim’s relationships. Non-economic damages recognize the profound impact abuse can have on a victim’s quality of life and psychological well-being. Unlike economic damages, they are subjective and vary significantly from case to case, reflecting the personal suffering and emotional toll the abuse has taken on the victim.
Steps to Take if You Suspect Nursing Home Abuse
If you suspect your loved one has suffered any type of abuse at their nursing home or assisted living facility in West Palm Beach, we encourage you to take steps to remedy the issues immediately. If there is an ongoing emergency, meaning your loved one is in danger right now, you need to contact emergency authorities for help.
After the initial emergency is settled, there are various steps you can take to help ensure your loved one receives the proper treatment they deserve:
- Document the evidence. Take immediate note of any signs of abuse or neglect you observe, including physical injuries, emotional changes, or unsanitary living conditions. Photographs can serve as critical evidence.
- Speak with your loved one. If possible, have a private conversation with them about your concerns. They may be afraid or reluctant to speak up about their experience. Reassure them of your support.
- Report the abuse. Contact the nursing home administration to report your concerns. They are required to investigate all allegations of abuse. Additionally, the abuse should be reported to local authorities or adult protective services for an independent investigation.
- Seek medical evaluation. If there are visible injuries or health concerns, ensure your loved one receives a complete medical examination. This not only addresses their immediate health needs but also documents their condition.
- Consult with a nursing home abuse attorney. A specialized Port St. Lucie personal injury attorney can offer guidance on how to proceed legally to hold the responsible parties accountable. We can help you navigate the complex process of filing an injury claim in court and seeking justice for your loved one.
Let The Law Office Of Craig Goldenfarb Handle Your Nursing Home Neglect Claim
Don’t hesitate to hold the at-fault party responsible for the neglect your loved one suffered. At the Law Offices of Craig Goldenfarb, P.A. today, our attorneys have a deep understanding of nursing home neglect claims and can help you and your loved one get justice. Call us at (561) 222-2222 or contact us online for more information.