Stuart Nursing Home Abuse Attorneys
If you suspect your loved one has been abused or neglected in a nursing home, you should speak with a reputable attorney as soon as possible.
Through more than 20 years of experience representing the injured, Gordon & Partners has recovered millions on behalf of the injured, including a $1,270,000 jury verdict on behalf of a nursing home resident who was infested with maggots. Our Stuart nursing home abuse attorneys are committed to protecting the rights of those who are vulnerable to abuse and neglect from caregivers. We work on a contingency fee basis and charge no legal fees or other costs unless we recover compensation for you. Contact us today for a free, no obligation consultation to learn more about how we can help your loved one.
Get started now by calling 1 (855) 722-2552.
Types of Nursing Home Abuse
Nursing home abuse comes in many forms, all of which can cause pain and suffering for the victim.
Physical abuse is likely the most obvious form of abuse because of the visible harm it causes to a resident’s body. This type of abuse can include:
- Pushing, shoving, kicking or hitting
- Excessive use of restraints
Psychological abuse can be just as damaging for a resident as physical abuse. This type of abuse includes any verbal or nonverbal actions that cause emotional pain or suffering, such as:
- Making threats
- Verbal abuse
- Yelling and shouting
Unfortunately, sexual abuse in nursing homes is more common than most think. This type of abuse includes any form of sexual contact that is conducted without consent, including situations in which the resident says no or is unable to provide consent. In many cases a victim may be too weak to resist.
It includes not only physical acts, but also forcing an elderly individual to witness sexual actions or behavior.
Financial abuse occurs when those tasked with managing an elderly individual’s finances abuse their position and misappropriate funds, property or other assets. This can include:
- Stealing cash or funds from a bank account
- Writing or cashing checks without the individual’s consent
- Forcing signatures to gain access to accounts or power of attorney
- Tricking residents into signing wills, contracts or other legal documents
Signs of this type of abuse can include late payments of regular bills or unexplained changes in the individual’s financial standing.
Nursing homes have a legal obligation to provide for the needs of their residents, this includes providing a clean environment, proper hygiene, food, water, clothing, shelter and medical care. A resident can suffer severe infection or harm if he or she is forced to live in unsanitary conditions or does not receive medications on time.
Contact our Stuart nursing home abuse attorneys to find out if you have a case.
Warning Signs of Abuse and Neglect
Nursing home abuse often goes unreported for a variety of reasons, whether because a victim does not remember the acts happening, is afraid to report the abuse, cannot communicate to report the abuse, or because of other circumstances that prevent a report from being made.
In some situations, a resident may complain of abuse or neglect but is dismissed because of signs of old age or loss of memory.
For these reasons, it is vital that the loved ones of those in assisted living facilities are vigilant when visiting nursing home residents. Loved ones should be aware of the following signs of mistreatment that indicate abuse or neglect:
- Changes in an elder’s personality
- Emotional withdrawal
- Unexplained injuries or infections
- Bruises or bleeding
- Physical discomfort
- Soiled clothing or bedding
- Malnourishment or dehydration
- Poor hygiene
If you recognize any of these signs in your loved one, you should report it immediately. You can start by alerting the facility’s management to the issue. If the problems persist or worsen, you should contact the appropriate authorities to report abuse or neglect. Then contact our Stuart nursing home abuse attorneys.
You should also keep track of all instances of abuse or neglect you are aware of and gather as much evidence as possible to prove your claim.
How to Report Nursing Home Abuse in Stuart
Florida Statute 415 requires that anyone who knows, or has reasonable cause to believe, that abuse, neglect or exploitation is occurring report the incident immediately.
There are a number of resources in Florida for reporting nursing home abuse and neglect:
- Call 911 for emergencies.
- Call the Elder Abuse Hotline at 1-800-962-2873 or report abuse online at http://www.dcf.state.fl.us/service-programs/abuse-hotline/report-online.shtml.
- Contact your local long-term care ombudsman. The Florida Long-Term Care Ombudsman Program includes specially trained volunteers who help improve the quality of life for long-term care residents, working to identify, investigate and resolve concerns of residents and their loved ones.
- Contact the Florida Department of Elder Affairs, which works in partnership with the Department of Children and Families Adult Protective Services and the Aging Network to protect the elderly from abuse, neglect and exploitation.
If you have not already done so, our Stuart nursing home abuse attorneys will make sure that the appropriate authorities are alerted to abuse or neglect so that a thorough investigation can be conducted.
We will also conduct our own investigation as we work to hold the nursing home accountable for the harm your loved one has suffered.
How Long Do I Have to File a Claim?
If you suspect nursing home abuse or neglect, you should report it immediately. This will ensure your loved one is out of harm’s way and that the proper authorities are aware of the situation.
You should also contact our Stuart nursing home abuse attorneys as soon as possible as you only have a limited amount of time to file a claim. If you intend to file a claim or a personal injury lawsuit seeking compensation, Florida statutes of limitations require that your claim be filed within four years of the incident.
If you lost a loved one because of nursing home abuse or neglect, Florida law requires that wrongful death lawsuits be filed within three years of the person’s death.
Do not wait to contact Gordon & Partners. Call 1 (855) 722-2552.
Holding Nursing Home Accountable
If a nursing home or its employees have acted negligently and caused harm to your loved one, the facility could be held liable for the damages. Some of the most common situations for which nursing homes can be held liable include:
If a nursing home does not maintain a reasonable number of employees, residents’ care will suffer because there is no one to care for them. A low staff-to-resident ratio will mean that nurses have less time to spend with each resident. They will likely rush through their work and may miss important medical signs or make mistakes when caring for residents, leading to the decline of residents’ health.
If a resident is injured or killed because of a lack of caretakers, the nursing home can be held accountable.
Nursing homes also have an obligation to hire individuals who have the appropriate education and qualifications and who do not have a previous record of abuse. Failing to conduct a background check before hiring an employee can put residents at risk and can be grounds for holding a nursing home accountable if abuse or neglect occurs.
If a poorly trained staff member causes harm to a patient, the nursing home can also be held accountable. It is the facility’s responsibility to provide the employee with the skills and resources he or she needs to provide adequate care to residents.
Similarly, a nursing home can be held accountable if a staff member makes a mistake when administering medication to a resident. The incorrect medication, incorrect dosage or administering of medication at the wrong time can cause severe harm to a resident.
This type of error can also include failing to consider how all of a resident’s medications will interact together.
In some situations, the perpetrator of nursing home abuse is not an employee of the facility, but rather another resident or a guest of the facility. Because nursing homes are required to provide a safe and secure environment, they can be held accountable for harm caused by third parties.
Our Stuart nursing home abuse attorneys are committed to holding negligent nursing homes accountable for the harm they cause to residents. We will thoroughly investigate your claim to determine every situation in which the nursing home can be held accountable.
Chat with a representative now to learn more.
Why Hire a Nursing Home Abuse Lawyer?
Our Stuart nursing home abuse attorneys have handled numerous abuse and neglect cases and know what steps to take to ensure your loved one is out of harm’s way and receives the justice he or she deserves. We will guide you through the process of filing an abuse report and a claim against a negligent facility.
Because nursing homes are typically large corporations with significant resources for fighting abuse allegations, they will have a strong team of attorneys who will attempt to settle a case as quickly as possible. You too should have a strong team by your side.
Although most cases settle out of court, our Stuart nursing home abuse lawyers are not willing to settle for anything less than what our clients deserve. We have the skills and resources to take a case to court in order to hold the facility accountable and to recover the justice and compensation our clients deserve.
Our team consists of some of the leading lawyers in the state, many of whom have been recognized by their peers as Florida Super Lawyers®. Founding partner Robert Gordon is board certified in civil trial advocacy by the National Board of Trial Advocacy and the Florida Bar Association.
With more than 200 years of combined legal experience, our Stuart personal injury lawyers have the skills and resources to successfully handle your case.
Contact Our Stuart Nursing Home Abuse Attorneys
Located near Historic Downtown Stuart, Gordon & Partners is committed to defending the rights of the elderly throughout Martin County. Our Stuart nursing home abuse attorneys will work tirelessly on your behalf to ensure that your loved one receives the justice and compensation he or she deserves.
This could include compensation that can help pay for:
- Physical pain and suffering
- Metal anguish
- Medical expenses
- Hospital stays
If you suspect that your loved one has been abused or neglected while in a nursing home, do not hesitate to contact our Stuart nursing home abuse attorneys for a free, no obligation consultation to discuss your options. We will charge you nothing unless we recover compensation.