If you or a loved one was a victim of abuse or neglect in a nursing home in Clearwater, Florida, a lawyer from Distasio Law Firm can help you seek legal action against the liable party that caused your loved one’s harm. This may involve filing an insurance claim or a lawsuit against the facility or the facility staff member(s) responsible for caring for your loved one.
Our legal team has been helping clients hold negligent nursing homes and assisted living facilities liable for the harm they cause to them or their loved ones. We are ready to help you look into your legal options for pursuing compensation. If you would like to ask more questions about your case, your first consultation with us is free.
You’ll See “The Distasio Difference” When We Handle Your Case
When you work with our legal team at Distasio Law Firm, we put you first because at the end of the day, your case is about your story. Within each case we handle, we understand that each client brings in unique factors that shape the narrative of their case, and cases involving nursing home victims can be even more sensitive.
At our law firm, we want you to feel comfortable in our legal care and trust the relationship we build together. We strive to be as compassionate as possible to victims of abuse, especially for elder adults who might not have the mental capabilities to recall every detail. Our team will utilize various services to investigate the alleged abuse and find evidence that can help you or your loved one share their story.
If you are currently trying to leave or have your loved one leave the nursing home where they suffered an injury, this transfer process can be overwhelming and complex. Trying to balance those efforts with constructing a personal injury case against the liable nursing home or facility and any other relevant party can be too much to handle.
When you become a client at Distasio Law Firm, we offer to organize our resources and manage your case for you. As part of our services, we can:
- Investigate the nursing home or facility where the injury took place to see if there is any evidence that supports your claims about the abuse or neglect
- Collect any evidence you already have
- Interview potential witnesses to the accident
- Consult medical experts who can identify whether your or your loved one’s injuries or treatment is abnormal
- Communicate with relevant parties in your case, such as the facility’s legal team or insurer
- Send notices about your intention to sue and other legal paperwork by their filing deadlines
- Attempt to negotiate a potential settlement for your case or take your case to court to fight for compensation
Throughout the litigation process, our team will also be available for further guidance. Should new developments occur, we will also update you and advise you accordingly.
At Distasio Law Firm, we strive to provide our clients with personalized legal care. We take the time to learn your name and who you are as a person because we want you to feel seen as you describe the injuries and losses you or your loved one suffered.
Here are some of the reviews a couple of our former clients wrote on Google:
- Marion Turner wrote, “Mr. Distasio and staff were very understanding and helpful throughout the entire process. I was kept updated and received a settlement which was very satisfactory. I would highly recommend the firm to anyone who has legal issues. My sincere thanks to the entire firm for all their guidance and empathy during a very trying time. 5 STARS!!!”
- Cynthia Smith wrote, “They insured that I was well informed and supported during every stage of my case. I appreciate the honesty and the extra amount of time they took with me, even when they didn’t have to. Thank you!”
We strive to be thorough when building your case and transparent in the legal advice we give. Our case results for nursing home abuse and neglect cases include million-dollar settlements, and we aim to fight for a settlement that fairly covers your damages as well.
For a free legal consultation with a lawyer serving Clearwater, call (813) 259-0022
You Could Be Awarded Damages in Your Nursing Home Abuse Case
Many victims of nursing home abuse or neglect suffer more than physical injuries. Psychological trauma from the abuse can occur, which can lead to other emotional and mental responses in the victim’s body. In cases where the victim was extorted, significant financial losses may also occur.
Our legal team can review your or your loved one’s situation to see what damages are recoverable. You could have a mix of economic (monetary) and non-economic (non-monetary) damages that you could seek compensation for. These types of damages may include:
- Medical expenses
- Ongoing expenses for therapy and counseling
- Pain and suffering and traumatic stress
- Physical disfigurement and disability
- Loss of life enjoyment, life security
- Stolen or damaged property
- Emotional distress
- Loss of benefits, such as income provided by Social Security
A lawyer from our team can help you itemize your damages and demand compensation for them. Making sure to calculate your damages accurately is crucial, as you will not be able to demand additional compensation once your case is settled.
As such, our team will take the time to listen and inspect your damages so that we reach a figure that can cover your current and future losses. Should you have any evidence, such as financial documents or video footage, that can be used to prove the value of your case, feel free to submit it to our team.
Nursing home abuse sometimes causes fatal injuries. We offer our condolences to you and your family if you have lost someone in this manner. We want to help you collect what you are due.
Wrongful death awards are possible if your loved one died from their nursing home injuries. You may be able to receive compensation to help you take care of your loved one’s arrangements, such as:
- Paying for final medical bills belonging to the decedent
- Burial, funeral, or cremation services
- Mental pain and suffering you had after losing your family member
- Loss of decedent’s companionship
You can meet with our legal team, which can go over your legal options for a wrongful death action with you.
Personal Injury Lawyer Near Me (813) 259-0022
Florida’s Strict Deadline for Nursing Home Abuse Cases
We encourage you to reach out to us soon if you are thinking about filing a lawsuit against the nursing home. Florida has strict deadlines for injury cases, and if you miss them, your case will be dismissed.
For nursing home abuse and negligence, you have two years to pursue a case from the time you knew or should have known of the abuse or neglect, per Florida Statutes § 400.0236. If you are filing a wrongful death action, you have two years, per Florida Statutes § 95.11(4)(d). We encourage you to start your case as soon as you can.
What to Do If Nursing Home Abuse Has Occurred
If you are a victim or the loved one of a victim of nursing home abuse or neglect in Clearwater or anywhere in Florida, you may have many serious questions and concerns. Among the most important questions you have may include:
- Can I hold them accountable for what they have done?
- Can I move my loved one to a different nursing home?
- How do I make sure this does not happen to anyone else?
We encourage you to report abuse to the proper authorities in your city. In Florida, you can report elder abuse to the Florida Department of Children and Families (DCF). The Florida Abuse Hotline is 1-800-96-ABUSE (1-800-962-2873). We also encourage you to get your loved one to a place of safety as soon as you can, and then consider speaking with us about your legal needs.
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What Is Nursing Home Abuse?
“Abuse” is a broadly defined term in Florida Statutes § 415.102(1), which dictate that any individual, such as a caregiver or another resident in the nursing home, that willfully causes harm to a “vulnerable adult” may be held liable for abuse. Different types of abuse that can take place in nursing homes and assisted living facilities include:
- Physical abuse: This type of abuse involves physical types of harm, such as hitting, burning, or cutting the elder adult. Bruising, scarring, and fracture injuries are common signs of this type of abuse.
- Emotional abuse: This type of abuse can involve verbal abuse, such as yelling or berating a person, or emotional manipulation. Victims may suffer depression and anxiety or have other mental conditions worsen as a result of being emotionally mistreated.
- Sexual abuse: While sexual abuse can involve physical contact through assault or molestation, other forms of sexual abuse involve exposing a victim to sexual content or images (e.g., pornography) or the abuser’s genitals.
- Financial theft: This type of abuse can consist of financial extortion or theft in general. Abusers may lie to victims and pretend they are assisting them with their finances, only to steal money and other valuable items without the victim knowing.
If you suspect that your loved one may be a victim of abuse, report your case to law enforcement immediately if you have not already done so. Once you begin working with our team, we can work with police officials and conduct our own investigation to gather evidence to support your claims.
What Is Nursing Home Neglect?
According to Florida Statutes § 415.102(16), nursing homes and assisted living facilities can be held liable for neglect if their staff fail to provide “care, supervision, and services” to adequately meet the physical and mental needs of the elder resident. Failure to provide appropriate care to residents include not providing:
- Sufficient food and drink to maintain a healthy diet
- Clothing appropriate to the weather or the resident’s conditions
- Medicine and medical services to treat the resident
- Supervision to ensure safety for the resident
- Hygiene maintenance, such as regular bathing and bedsheet or diaper changes
Staff members have a duty to ensure the health and safety of all nursing home residents. If we find evidence that nursing home staff, physicians, or other facility workers did not meet the requirements to adequately provide care for you or your loved one, we may use this information to leverage your demands for compensation.
Certain nursing home neglect cases involved medical malpractice, in that the resident did not receive proper medical care while under the supervision of a nursing home or living facility.
Medical malpractice toward a resident may involve:
- Medication errors, such as being prescribed incorrect dosage amounts or types of medicines
- Diagnosis errors, such as having a condition go undiagnosed despite clear symptoms or misdiagnosed
- Improper conduct, such as refusing or failing to provide proper medical care or medication
- Incompetent care, which can involve failing to notice symptoms or understand the resident’s medical needs
If you suspect your loved one was a victim of medical care neglect, we may be able to help you build a case to hold the liable physician, pharmacist, or other medical professional accountable.
Understaffing Is the Root Cause of Nursing Home Abuse, Neglect
Unfortunately, some of the nursing homes in Florida decide that profits, not compassion, are their priority. This is often shown by the way in which they staff their facilities.
Nursing homes may choose to use the term “understaffing” as a way to cut expenses and boost their bottom line. One way to cut costs is to purposely not hire enough staff members to meet the needs of the residents.
Fewer staff members on each shift means less time to care for the residents. Unfortunately, residents who require more care end up receiving the least amount of help. Repositioning residents or even feeding them, are some of the responsibilities that may be overlooked, thus damaging the health of the residents.
Another way nursing homes may choose to reduce personnel costs is by employing underqualified staff members. Registered nurses are sometimes replaced by nursing assistants. Underqualified employees, who are not experienced or properly trained to meet the demands of elderly residents, often become neglectful and abusive.
Types of Nursing Home Abuse and Neglect
There most common types of nursing home abuse and neglect include:
- Bed rail entrapment
- Combative residents
- Patients dropped by a Hoyer lift
- Elopement and wandering
- Feeding tube neglect
- Impacted bowels
- Insect bites
- Medication errors
- Poor hygiene
- Pressure sores
- Sexual assault
- Slip and falls
- Smoking accidents
- Ventilator neglect
Our legal team has handled cases involving these and other injuries. If you would like to learn more about how we may be able to help you build a case surrounding your or your loved one’s injuries, we can discuss the resources available to us.
We may also ask for access to your medical records to begin consulting a separate medical expert about your case. We might do this to determine whether your case qualifies as medical malpractice and to retrieve analysis on how the liable party or parties could have prevented your injuries had they followed their duty of care.
Call Distasio Law Firm Today for a Free Case Review
Nursing home abuse should not be tolerated anywhere. If you or your loved one has endured harm at a facility responsible for taking care of its residents, harm or loss, we are ready to speak with you today.
Call our legal team today at (813) 259-0022 to learn more about how we can help you during a free, no-obligation case evaluation. There is no upfront cost or fee to hire us to represent you as we are a contingency fee-based firm. We receive our payment from your settlement or court award.