Nursing Home Abuse Lawyer in Palm Harbor

When we move a loved one into a nursing home, we want them to receive the best possible care and live out their remaining years with the dignity, respect, and attention they deserve. Unfortunately, unlawful elder abuse may be much more widespread than current figures suggest, according to the National Center for Biotechnology Information (NCBI).

Abuse and neglect can have horrific consequences for a defenseless nursing home resident and lead to emotional distress, bedsores, malnutrition, broken bones, and, in the most severe cases, an untimely death. However, victims could have legal recourse and hold a nursing home accountable for abuse and neglect.

Morgan & Morgan’s compassionate and dedicated nursing home abuse lawyers in Palm Harbor are here to help. We can assess your case, walk you through your legal options, and identify the best course of action. Contact us now to determine whether you have a claim and qualify for compensation. 

What Qualifies as Nursing Home Abuse?

Nursing home abuse can come in many different ways and affect a senior emotionally and physically. Common types of elder abuse include:  

Verbal Abuse

Long-term verbal and emotional abuse can be as devastating to a senior as physical abuse. A verbally abused individual may develop a fear of caregivers, depression, and socially isolate themselves. Emotional and verbal abuse can include:

• Humiliation
• Name-calling
• Ignoring requests
• Social isolation
• Yelling at a senior

Physical Abuse

Examples of physical abuse and violence in the nursing home can include hitting a senior, improperly restraining them, and other physical violence with the intent to harm. Physical abuse could lead to severe and life-changing injuries and result in high medical costs for a senior and their family. Signs that your loved one is experiencing physical violence include unexplained injuries and bruising, as well as character changes. 

General Neglect

Neglect is a form of nursing home abuse. Most nursing home residents are highly dependent on caregivers to help them with the necessary tasks of daily living, including bathing, dressing, eating, and drinking. Neglecting a resident’s basic needs can threaten their life. If your loved one in the nursing home is suffering from sudden and unexplained weight or hair loss or lacks personal hygiene, they may suffer from general neglect. A lack of hygiene and cleanliness around the facility, such as dirty floors and bathrooms, or stained bedlinen, can also point to neglect.

Sexual Abuse

Sexual abuse is perhaps one of the most shocking types of mistreatment in the nursing home and can include various sexual behaviors and acts, including:

• Unwanted nudity and touching
• Rape
• Sexual assault
• Taking sexual photographs or videos

Signs that your loved one is a victim of a sexual predator in the nursing home can include difficulty walking or sitting and injuries in the genital region.

What You Can Do

When you place your loved one in a nursing home in Palm Harbor, try to stay actively involved with their day-to-day life and frequently visit, if you can. Observing any personality or physical changes in your loved one can be crucial for discovering abuse. Moreover, spending time at the facility can also help you get a general feel about the home. When visiting, you can observe how the staff interacts with residents and whether the cleanliness of the facility is up to scratch, for example. Talking to your loved one about their day and asking them questions about their care can also reveal red flags. 

Detecting neglect and abuse as early as possible and reporting any concerns can help to keep seniors safe. Morgan & Morgan is here to listen to your concerns about your loved one’s care. Our nursing home abuse attorneys in Palm Harbor and legal teams are on standby and ready to answer your questions in a free consultation.

The Nursing Home Could Be Liable 

Skilled nursing facilities have contracts with their residents and are regulated by various laws, such as the federal Nursing Home Reform Act. Therefore, nursing homes must take steps to ensure that residents are safe from abuse and neglect. If your loved one experienced abuse and suffered injuries and financial losses, you could hold the facility accountable and receive compensation. A nursing home can be liable due to: 

Hiring Unqualified or Unsuitable Employees

Negligent hiring practices include the failure to conduct adequate background checks before hiring caregivers or failing to check the qualifications and credentials of staff.  Failing to vet and check individuals before hiring them could expose vulnerable nursing home residents to known abusers and criminals. 

Lack of Training

Poor training of nursing home staff can put residents at risk. Lack of dementia training, in particular, could lead to residents being unlawfully restrained or treated without an understanding of their specific care needs. 

Understaffing

Understaffing is a significant issue in skilled nursing facilities, where most residents require help with the basic tasks of living such as eating, drinking, and personal hygiene. Having too few caregivers can lead to dehydration and malnourishment, among other issues. Moreover, stretched and stressed employees are more likely to be impatient with residents and make mistakes, for example, when administering medications. 

Premises Liability

There can be many comings and goings in a nursing home throughout a typical day, such as contractors, visitors, healthcare providers, and others. Potentially, any visitor or contractor to the home could commit abuse. The nursing home is generally responsible for keeping residents reasonably safe from any threats to their security and safety. The home should have appropriate security protocols in place, which can include:

• Checking IDs of visitors to the home
• Security cameras
• Locks on doors and outside gates

Documenting and Proving Nursing Home Abuse in Palm Harbor

Discovering abuse or neglect of your loved one can be shocking and upsetting. You may not know where to turn or what to do for the best. However, once your loved one is safe, your efforts should shift to gathering evidence of nursing home liability. Ensure to document all your findings without skipping over any details. Steps you could take include: 

• Seek medical advice for your loved one’s injuries.
• Take photographs of any injuries and evidence. 
• Gather evidence such as medical records, stained clothing, and other material.
• Write down your observations in a journal, including dates and times of incidents.
• Identify potential witnesses such as family members of other residents or staff members.

Even in cases where abuse is evident, proving a nursing home’s liability can be challenging. However, our experienced nursing home abuse attorneys in Palm Harbor can help. We can analyze a nursing home’s records to determine violations or shortcomings such as understaffing, negligent hiring of caregivers, and others. An attorney may also use state records to uncover previous violations or abuse cases in the nursing home.  

How a Nursing Home Abuse Lawyer Can Help

Our determined nursing home abuse lawyers can assist with pursuing a claim against the perpetrator and nursing home. We represent victims and their families in various claims, including: 

• Neglect
• Physical abuse
• Sexual abuse 
• Improper restraints
• Emotional abuse
• Malnutrition and dehydration

An attorney from our firm can analyze your case and determine your options. We can help to prove your case against the nursing home by establishing the following elements of a personal injury claim:

• The nursing home breached its duty of care
• The breach led to the abuse or neglect of the victim
• The victim has injuries and damages as a result

Your lawyer can negotiate a comprehensive out-of-court settlement or file a lawsuit on your behalf to seek damages.

Many nursing homes have experience with handling neglect and abuse claims and may have a team of lawyers on retainer, ready to fight any claims. However, with America’s largest personal injury firm on your side, you are in good hands. Our tenacious trial attorneys are ready to go all the way to get justice for you and your loved one.