Do you suspect that your loved one has suffered abuse or neglect at the hands of the people you trusted to take care of them? Elder abuse that takes place in nursing homes can manifest in many ways, ranging from physical and emotional trauma to financial and beyond.
You believed that the person you love would be safe, only for the nursing home to act without dignity or respect. If your trust was violated, you deserve to hold the facility accountable for its actions. It all starts with contacting a Miami Gardens personal injury lawyer.
At Blakeley Car Accident & Personal Injury Lawyers, we have 40 years of experience recovering over $250 million in compensation for families just like yours. As your nursing home abuse lawyers in Miami Gardens, we’ll stand by your side every step of the way.
Types of Nursing Home Abuse in Florida
Nursing home abuse can take many forms, and it is not always easy to detect. In some cases, the abuse is physical and leaves visible signs. In others, the harm is emotional or financial, both of which can go unnoticed for long periods.
Florida law recognizes several categories of elder abuse within institutional care settings:
- Physical
- Emotional
- Psychological
- Sexual
- Financial
Remember, too, that neglect is a form of abuse, and it’s all too common. Neglect involves the failure to provide necessary care, including food, water, hygiene, medical treatment, and supervision.
If residents are left unattended for long periods of time, they can be subjected to the following experiences:
- Malnutrition
- Dehydration
- Infections
- Pressure ulcers
- Other preventable medical emergencies
If your loved one has endured these circumstances, a Miami Gardens nursing home abuse attorney can help.
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Warning Signs of Nursing Home Abuse
Detecting abuse can be hard, especially if the victim is unable or unwilling to speak out. However, here are several red flags that family members and visitors should watch for if you suspect that nursing home abuse is at play:
- Unexplained bruises, cuts, burns, or fractures
- Sudden changes in behavior, mood, or responsiveness
- Withdrawal from social activities or family communication
- Poor hygiene or foul odors
- Malnutrition, dehydration, or rapid weight loss
- Frequent infections or untreated medical conditions
- Repeated falls or unexplained hospital visits
- Unusual financial activity or missing personal items
- Fearfulness or anxiety around certain staff members
Florida law encourages family members, medical professionals, and community members to report suspected abuse as soon as they become aware of its existence.
The state maintains a 24/7 abuse hotline through the Florida Department of Children and Families (DCF), which investigates reports of institutional abuse and neglect. You can also contact a Miami Gardens nursing home abuse lawyer for additional help.
Common Causes of Abuse and Neglect in Long-Term Care Settings
Understanding the underlying causes of abuse can help prevent future incidents and hold negligent parties accountable. In many facilities, the following issues contribute to substandard care.
Understaffing
Many nursing homes operate with fewer staff members than necessary when providing safe and individualized care.
As a result, residents may not receive the help they need with feeding, bathing, toileting, and other mobility-related tasks. Overworked staff members might also be more likely to commit errors, lose patience, or act abusively.
Inadequate Training
Staff members who lack proper training might not understand how to care for residents with cognitive impairments, mobility issues, or multi-faceted medical needs. Improper medication administration, poor infection control, and failure to follow care plans are often traced back to inadequate training as well.
Poor Supervision
Nursing homes must supervise both their staff and their residents in an effort to actively prevent abuse. This includes conducting background checks, monitoring interactions, and investigating complaints. When supervision is lacking, abuse may go unnoticed or be more likely to repeat.
Negligent Hiring Practices
Facilities that fail to screen employees or hire individuals with a history of abuse and misconduct might be directly responsible for any subsequent resident harm.
Florida law requires nursing homes to conduct Level 2 background checks, but not all facilities follow this requirement.
Profit-Driven Models
Some nursing home operators cut corners to maximize profits, which leads to budget reductions in terms of staffing, medical supplies, and facility maintenance. These business decisions often result in unsafe conditions and increased risk for residents.
Florida’s Statute of Limitations for Nursing Home Abuse Cases
Under Florida Statutes § 400.0236, the statute of limitations for nursing home abuse and neglect claims is two years from one of the following points in time:
- The date the incident occurred
- The date the abuse or neglect was discovered
- The date the abuse or neglect should have reasonably been discovered
There is also a four-year cap on these cases, meaning that even with delayed discovery in place, the claim must be brought within four years from the actual date of the incident. That said, there are some exceptions. If the abuse resulted in wrongful death, the family of the person who passed away has two years from the date of their loved one’s death to file a claim.
Just know that failing to bring a claim before the statute of limitations expires means you could lose your right to take legal action altogether. That’s why it’s important to reach out to nursing home abuse attorneys in Miami Gardens as soon as possible.
Call or text 800-602-5000 or complete a Free Case Evaluation form
Call Our Nursing Home Abuse Attorneys in Miami Gardens For Help With Your Case
It can be shocking to learn that your loved one has suffered abuse or neglect in a nursing home. This is supposed to be a place where your friend or family member is safe. That’s why learning that they have been in harm’s way all this time can feel distressing and confusing.
We understand how overwhelming and angering a situation like this can be, but you don’t have to face these circumstances by yourself.
At Blakeley Car Accident & Personal Injury Lawyers, our nursing home abuse lawyers in Miami Gardens are here to help you hold the at-fault parties responsible.
You can count on us to pursue full compensation and fight for a fair outcome on behalf of your loved one. With us by your side, we can protect your family and prevent future harm.
