Deciding to move your loved one into a nursing home is a very difficult thing to do. You may grapple with the decision for years before you finally decide it’s the right time. You work hard to find a nursing home that you think is a good fit for your elderly parent. You meet with the staff and talk to other residents. You do everything possible to make sure your loved one will be in good hands.
Sadly, there are times when, no matter how much research you do, it’s not enough. All it takes is one bad apple to ruin a nursing home’s reputation. If someone is in the nursing industry for the wrong reasons, they’re liable to harm or neglect their charges. If this happens to your loved one, it’s important that you contact an experienced personal injury lawyer in Crestview, Florida.
Florida is where people go to retire. It has mild weather and plenty of things for older people to do. At some point, your loved one may no longer be able to take care of themselves. If this happens, you may have to look for a nursing home in Crestview, Florida. Sometimes, we have to admit that we are no longer able to take care of our elderly parents.
When you do move your loved one into a nursing home, you pray that they’ll be taken care of. If you suspect, for any reason, that your loved one has become the victim of abuse, you need help. There are certain things you need to do to protect your loved one. One of these is to move your loved one to a different facility right away. However, that doesn’t mean the nursing home is off the hook. You may have no choice but to file a personal injury lawsuit against the home and their staff.
What Should You Do Immediately If You Suspect Nursing Home Abuse?
If you believe your loved one is being abused or neglected, acting quickly can help protect both their health and any potential legal claim.
Consider taking these steps:
- Make sure your loved one is safe. If necessary, arrange for immediate medical treatment or discuss transferring them to another facility.
- Document any visible injuries, unsafe conditions, or concerning changes in behavior. Photographs, medical records, and written notes may become important evidence later.
- Report your concerns to the nursing home's administrator and request that the incident be documented.
- Keep copies of medical records, incident reports, emails, and any communication with the facility.
- Contact an experienced personal injury attorney if you believe negligence or abuse contributed to your loved one's injuries.
Reporting the situation promptly may also help prevent other residents from experiencing similar treatment.
What are the Different Types of Nursing Home Abuse?![What are the Different Types of Nursing Home Abuse?]()
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There are five (5) major types of nursing home abuse. Your loved one could be subjected to any of these. If that’s the case, you need to do the right thing and report the abuse. You also need to reach out to an experienced personal injury lawyer in Crestview. They’ll review your case and let you know if you have a valid claim for abuse or neglect.
The main types of nursing home abuse include:
Physical Abuse
Physical abuse is the most obvious type of abuse that your loved one could suffer. Some of the signs and symptoms of physical abuse include:
- Broken bones
- Dislocation
- Sprains
- Bruising and welts
- Signs of restraint
- Broken eyeglasses
If injuries cannot be reasonably explained, ask questions and request documentation from the nursing home.
Emotional Abuse
Your loved one should expect to be treated with kindness and compassion. When the employees either treat your loved one unfairly or allow other residents to do so, you may have a legal claim.
Sexual Abuse
It's hard to even think about someone sexually abusing an elderly person. However, that doesn’t mean it doesn’t happen. Sometimes this take the form of employees engaging in sexual acts in front of your loved one. Or it could simply be a matter of someone forcing your loved one to watch pornography or listen to lewd comments.
Neglect
If your loved one is being neglected, it can be a bit harder to detect. You won’t see physical signs. However, there are certain telltale signs that your mom or dad are being neglected by the nursing home staff. Some of these include:
- They're left alone in a public place
- They're not clean and don’t smell very pleasant
- They're left to sit and lie in their own waste
- Their clothes aren’t clean and are soiled
- They seem withdrawn and sad
- They have unexplained weight loss
- They have bedsores
Financial Abuse
This is when employees of the nursing home steal from your loved one. There are many ways they can do this. Some of the more common types of financial abuse we see in nursing homes include:
- Credit Card Fraud – Some employees take a resident’s private information and open up credit cards and loans in their name. They simply use their own address or, they use the resident’s home address and intercept the mail. They run these credit cards up and the resident is none the wiser. Since banks don’t typically take aggressive collection action against the elderly, it may not be discovered until your loved one passes away.
- Bank Withdrawals – A lot of nursing assistants will befriend a resident and convince them to give them their bank information. They may even claim they’re going to run errands for the resident. Once they have their information, they make a number of withdrawals and may even drain the account.
- Stealing Cash – Never leave cash with your loved one. This is the number one way other residents and employees can rob your loved one.
- Access to the Debit Cards – If an employee is able to get the pin number from a resident, they can take small withdrawals that go unnoticed for months. They can also use their debit card information to order things online or pay their bills. By the time you notice anything’s going on, the money may be long gone.
Families should review bank statements and financial records regularly if a loved one resides in a nursing home.
Not All Elder Abuse is Physical
When people think of nursing home or elder abuse, they tend to think of physical abuse. However, there are many ways in which a staff member can abuse your loved one without ever physically assaulting them.
For example, a resident who repeatedly misses medication, develops preventable bedsores, or experiences severe dehydration may never have been physically assaulted. Even so, those failures may still indicate negligent care.
Similarly, financial abuse can continue for months before families notice unusual withdrawals or missing assets.
Watching for changes in your loved one's physical condition, emotional well-being, and finances can help identify problems early.
Are Nursing Home Residents Protected Under Florida Law?
Yes. Nursing home residents have legal rights under both federal and Florida law.
The federal Nursing Home Reform Act established standards of care for facilities participating in Medicare and Medicaid. Florida law also provides protections for nursing home residents through Chapter 400, Florida Statutes.
These protections generally include the right to:
- Be treated with dignity and respect
- Receive appropriate medical care
- Live free from abuse and neglect
- Participate in decisions about their care
- Maintain privacy
- File complaints without retaliation
- Be free from unnecessary physical or chemical restraints
- Participate in family and resident councils
You can learn more through the Centers for Medicare & Medicaid Services (CMS) and the Florida Agency for Health Care Administration (AHCA), which oversee nursing home standards and compliance.
Can You Hold a Nursing Home Responsible for Abuse or Neglect?
If abuse or neglect resulted from a nursing home's negligence, the facility may be held legally responsible for the actions of its employees.
Depending on the circumstances, a claim may involve:
- Negligent hiring
- Inadequate staffing
- Poor employee training
- Failure to supervise residents
- Medication errors
- Unsafe facility conditions
- Failure to protect vulnerable residents
A successful claim may allow an injured resident to recover compensation for medical expenses, pain and suffering, rehabilitation costs, and other damages allowed under Florida law.
An experienced attorney can evaluate the circumstances and explain what legal options may be available.
Speak With an Experienced Personal Injury Lawyer in Crestview, Florida Right Away
If you believe your loved one has been the victim of nursing home abuse or neglect, don't wait to seek guidance. Early action may help protect your loved one's safety, preserve important evidence, and clarify your legal options.
Browning Law Firm understands how difficult these situations can be for families. Our team can review the circumstances, answer your questions, and explain whether you may have grounds to pursue a claim.
Contact Browning Law Firm today to schedule your free consultation with an experienced Florida personal injury attorney.