Florida Nursing Home Abuse and Neglect

Nursing home neglect and abuse in Florida are overlooked and devastating crimes. Victims are often intimidated into silence. Dementia or other medical conditions may render elderly patients incapable of communicating the abuse to someone who can help.

Florida nursing home residents have rights under the legal system, however; rights which entitle them to live with dignity and free from neglect or abuse. If you or a Florida loved one has suffered from abuse or negligence in a Florida nursing home, you need an experienced attorney familiar with elder abuse law. You need the law firm of Philip DeBerard, Injury Attorney.

I am attorney Philip DeBerard and I have been representing Florida residents for more than 35 years in personal injury, accident, and negligence claims. I can help with your nursing home neglect case. Call (877) 536-1911 to speak with a member of my legal team today – or fill out our online contact form.

Signs of Florida Elder Care Abuse or Neglect

Nursing home abuse or negligence is unfortunately prevalent in nursing homes. Vulnerable patients and undertrained workers combine to create a dangerous environment – and our elderly suffer the ultimate price. Abuse appears in many forms, from bedsores that never heal to unexplained bruises. Among the key warning signs of potential abuse or neglect are:

  • Open wounds, cuts, bruises or welts;
  • Bedsores;
  • Sudden weight gain or weight loss;
  • Torn clothing;
  • Broken or missing personal items;
  • Resident complains of being slapped or mistreated;
  • Emotional state of extreme agitation – or, unusually withdrawn and isolated;
  • Unusual and new behavior, such as sucking, biting, or rocking;
  • Use of physical restraints – or bruises around legs or arms that suggest the use of restraints;
  • Poor hygiene;
  • Unusually pale skin coloring;
  • Sudden change in medication or dosage – particularly any medication used for sedation;
  • Nursing home staff can’t properly explain a resident’s physical condition;
  • Nursing home staff discourage family from visiting with the resident alone;
  • Resident wanders off facility because of poor supervision.

Florida Nursing Home Resident Rights

Florida law is very clear — Chapter 400 of the Florida Statutes contains the Nursing Home Residents’ Bill of Rights, which gives all nursing home residents the following rights:

  1. Civil and religious liberties;
  2. Private and uncensored communication;
  3. Reasonable access to health, social and legal services;
  4. Present grievances without fear of reprisal;
  5. Be treated courteously, fairly and with the fullest measure of dignity;
  6. Privacy;
  7. Be transferred or discharged only for medical reasons;
  8. Be free from mental and physical abuse, corporal punishment, seclusion and physical and chemical restraints;
  9. Choose one’s own physician and be informed of one’s own medical condition and treatment plan;
  10. Receive adequate and appropriate health care, protection and support services.

You can take several steps if you feel your rights – or the rights of an elderly Florida loved one — are being violated. First, there are government agencies you can contact, including:

  • Florida Department of Children and Families (1-800-96-ABUSE — 1-800-962-2873);
  • Agency for Health Care Administration (561-840-0156);
  • State Long Term Care Ombudsman Council (561-837-5038).

You can also contact your local police department. However, once you have contacted a state agency in Florida, you may also need to contact an attorney. Unfortunately, many nursing homes will fail to take true corrective action to stop an abusive staff member or practice without the threat of impending legal action. Lawsuits may be filed on behalf of the resident, guardian, or the estate of the resident.

Legal action accomplishes two important goals: one is to hold the guilty parties accountable for their criminal conduct, while it can also recover compensation for the victim or surviving family members. The law firm of Philip Deberard, Injury Attorney has handled many injury claims. We represented a family whose loved one died as a result of severe bedsores in a nursing home – and we were able to settle for $555,000 on behalf of the victim’s family.

Experienced Florida Nursing Home Abuse Attorney

If nursing home abuse or neglect has hurt someone you love, seek experienced counsel. I am attorney Philip DeBerard. I have three decades of legal experience representing injured people. Civil trial work is my specialty. I’m one of the first attorneys in Florida to be board certified as a civil trial lawyer. My expertise as a civil trial lawyer anchors a compassionate team of lawyers, paralegals and staff who provide personalized legal service to our clients. We pride ourselves on providing one-on-one attention that other firms don’t deliver to people across South Florida and the Treasure Coast.

The law firm of Philip DeBerard, Injury Attorney, represents victims of nursing home abuse and negligence in Stuart, Port St. Lucie, Okeechobee, Fort Pierce, Jupiter, Palm Beach and Vero Beach. If attributes like ethical, hard working and compassionate are characteristics you seek in a lawyer, call Philip DeBerard, Injury Attorney. Choosing the right lawyer does make a difference.

Call (877) 536-1911 to speak with a knowledgeable Florida nursing home neglect attorney or fill out our online contact form.

 

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