Frequently Asked Questions - Nursing Home Neglect
Neglect and abuse in a nursing home can be physical, emotional or simple negligence and may be found in many forms. When a loved one has been a victim of nursing home abuse or neglect, you need an experienced law firm that will work hard to protect their rights. If your question is not answered below, or if someone you love has suffered neglect in a Florida nursing home, please contact the experienced nursing home abuse attorneys of Holland & Lamoureaux toll free at (866) 225-4907 for a free initial consultation. We’ll help get your loved ones the compensation they deserve.
Q. What qualifies as “neglect” in a nursing home setting?
Neglect is defined as the failure to provide services essential to a person’s health and safety, such as food, shelter, clothing, supervision and medical care. Such failures can be intentional or simply careless, but will determine whether a case against a nursing home is for neglect or abuse.
Q. What are some of the causes of nursing home neglect and abuse?
Many nursing homes have poorly qualified, inadequately trained or inexperienced staff or staff with a history of violence, as well as under- staffed facilities. Some residents are isolated from family and are reluctant to report abuse out of embarrassment or fear. These situations compromise the good care a nursing home resident receives.
Q. What signs should I look for if I suspect nursing home neglect or abuse?
Suspicious, sudden or unexplained changes in conditions may be indicators of abuse or neglect. Any of the following signs could warrant further investigation:
- Bedsores
- Falls
- Unexplained injuries
- Malnutrition
- Unsanitary conditions
- Poor staffing
- Resident being kept in an over-medicated state
- Sudden changes in behavior
- Unexplained venereal disease or genital infections; vaginal or anal bleeding; torn, stained or bloody underclothing
- Staff refusing or delaying visitors to see resident
- Unexpected death
Q. What should I do if I suspect nursing home neglect or abuse?
If the circumstances require immediate medical attention, take steps to obtain appropriate care through a private physician or hospital emergency room. If you believe there has been neglect or abuse that represents criminal abuse of the elderly, you should notify the local police or other agencies in your state that investigate complaints of this nature. In Florida, call the Florida Department of Children and Families at 1-800-962-2873 or the Agency for Health Care Administration at 1-561-840-0156. You should also consider contacting the attorneys of Holland & Lamoureux. If your loved one has been abused or neglected, we will pursue a monetary award.
Q. What rights do nursing home residents have?
As a minimum, each resident is guaranteed the following:
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Reasonable access to health and legal services
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To be transferred or discharged only for medical reasons
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To be free from verbal, sexual, physical and mental abuse
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To be free from corporal punishment, seclusion and physical and chemical restraints
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To be treated courteously, fairly and with the fullest measure of dignity
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Privacy
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To receive adequate and appropriate health care
| Q. |
Can these rights be used to protect and benefit an abused or neglected nursing home resident? |
An abused or neglected nursing home resident has the right to select a private attorney to file a civil lawsuit for compensatory and punitive damages for the violation of any of their protected rights.
| Q. |
What will happen if a nursing home resident complains of neglect or abuse? |
An investigation will usually include interviews with the resident, 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; however, there may 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.
Q. What constitutes “exploitation” in the nursing home setting?
Exploitation is defined as the wrongful use of an older person's resources for profit or advantage. Some definitions refer simply to the misuse of an older person's funds, property or person. To qualify as exploitation, resources must have been obtained without the older person's consent, or obtained through undue influence, duress, deception or false pretenses.
| Q. |
How are acts of abuse, neglect or exploitation by a nursing home addressed in legal proceedings? |
An act of abuse, neglect or exploitation of an older person might give rise to one or all of the following proceedings: 1) an investigation and finding by an adult protective services agency; 2) a civil cause of action for damages (a lawsuit); and/or, 3) a criminal prosecution. These proceedings have different objectives: the objective of a protective services investigation is to provide immediate help and relief to the victim and prevent further harm; the goal of a civil action (lawsuit) is to remedy damages; and the criminal prosecution is meant to punish the harmful conduct.
| Q. |
Should I contact an attorney if a loved one has been neglected, abused or otherwise injured in a nursing home or other assisted living facility? |
The attorneys of Holland & Lamoureux can help you protect your loved one’s legal rights and evaluate whether you have a case worth pursuing. Call today for a free consultation.
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