Frequently Asked Questions |
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Nursing Home Abuse and Neglect
If you think you may need an attorney for such a case in the Tampa Bay, Florida area, [ contact us today ].
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What can a person do to identify potential abuse and / or neglect on the part of a nursing home?
Because many nursing home residents have limited abilities to communicate, identifying potential abuse requires careful monitoring. Look for the signs of nursing home abuse in your frequent visits to the nursing home or assisted living facility.
What are some of the warning signs of nursing home abuse and neglect?
Warning signs include:
- Sudden weight loss
- Bruising
- Falls
- Bedsores
- Restraints
- Staff inattention
If you notice any of these warning signs of nursing home abuse or neglect, please contact us immediately.
Is there a way to check out a nursing home before we decide to move our elderly loved one into a particular facility?
Yes. The state of Florida maintains a listing of nursing homes and assisted living facilities under investigation.
If a resident of a nursing home has no contract with the home, can he or she still sue the home for improper care?
Yes. Nursing home residents (or their survivors) who are harmed due to improper care by a nursing home may recover damages under several different legal theories, even in the absence of a contract. A resident might have a cause of action that arises out of negligent personal supervision and care, negligent hiring and retention of employees, negligent maintenance of the premises, or negligent selection or maintenance of equipment.
What rights do residents of nursing homes have?
A resident in a nursing facility that participates in the Medicare program has the right, under statute, to be free from verbal, sexual, physical and mental abuse, and any physical or chemical restraint that is imposed for purposes of discipline or convenience, rather than to treat a medical condition.
Restraints may be used upon the written order of a physician who specifies the duration and circumstances under which the restraints are to be used, but only to ensure the safety of the resident or other residents. If a nursing home is not regulated by federal statute, its residents will still have rights under state laws, which will vary from state to state.
What will happen if a nursing home resident complains of neglect or abuse?
Today, all states have a system for reporting allegations of abuse, neglect and exploitation of the elderly, and for investigating the allegations. An investigation will usually include interviews with the resident, his or her family members, and nursing home staff and management.
If the allegations are founded, adult protective services will provide services to the older person to try to remedy the problems and prevent their recurrence; there may, however, be situations where the victim or the victim's family does not feel satisfied or justly compensated for the injury or indignity suffered at the hands of the nursing home. In such cases, the resident or resident's family member should speak to an attorney about bringing a civil action for damages against the nursing home. In addition, the circumstances may warrant a criminal prosecution.
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Nursing Home Abuse and Neglect
If you think you may need an attorney for such a case in the Tampa Bay, Florida area, [ contact us today ].
|
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DISCLAIMER - Please note that the answers to these questions should not be construed as legal advice as all situations differ, and you should always consult with a lawyer before making any decisions regarding injury claims or other legal matters referred to herein. These answers are intended to provide general information only. |
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