Need a Nursing Home Abuse or Neglect Attorney in Brandon?
If someone close to you has been harmed by nursing home abuse or negligence in Brandon or any other city in Florida, you may have questions like:
- How Can I Ensure This Doesn’t Happen to Anyone Else?
- Can I Make Them Take Responsibility for What They Have Done?
- Can I Transfer My Loved One To A Different Facility?
We are here to help answer your questions. But more importantly, we have the knowledge and experience to make nursing homes take responsibility for their abuse and neglect. Based on our experience, holding nursing homes accountable for the damages they cause when they provide bad care will motivate them to improve and our Brandon nursing home abuse lawyers are passionate about doing so. Give us a call for a free consultation.
The Distasio Law Firm Difference
How do you know how to find the best Brandon nursing home abuse attorney? The best way to know is to find a lawyer that has all the below characteristics.
- Knowledge and Experience Handling Nursing Home Abuse and Neglect Cases
Your attorney should not only know Florida nursing home law. That attorney should also have many years of experience handling abuse and neglect cases. Scott Distasio has been handling nursing home abuse cases for over 28 years. His experience investigating, negotiating, settling, litigating, taking depositions, and going to trial will definitely make a difference in your case.
- Independent Verification of the Lawyers Ability
All lawyers will say they know what they are doing. Their advertising and their brochures may also be convincing. But you can only know the truth about that lawyer if the lawyer is rated by respected independent non-biased rating systems. Scott Distasio has an “AV” rating by Martindale-Hubbell law Directory. This is the highest rating a lawyer can be given for both ethics and ability. Scott Distasio is also Board Certified by the Florida Bar in Trial law. To achieve this honor, an attorney must have tried a minimum number of cases to a jury and pass a competency exam. Less than 1% of all Florida lawyers are Board Certified.
- Willingness and Ability to Go to Trial
Not all nursing home negligence cases go to trial. In fact, most cases settle. But if your case does need to go to trial it’s important retain a law firm that has the experience, resources and ability to try your case. Scott Distasio is a board-certified civil trial lawyer. This gives him the right to call himself an expert trial lawyer.
What is Nursing Home Abuse?
Section 415.102(1) of the Florida statutes defines abuse as “any willful act by a caregiver which causes or is likely to cause significant impairment to a vulnerable adult’s physical, mental, or emotional health.” Abuse includes acts and omissions. Florida nursing homes are guilty of abuse in many subtle ways. Upper management in a Nursing home, is participating in nursing home abuse when they intentionally and willfully understaff for the sole purpose of increasing profits. Nursing home staff are guilty of nursing home abuse when they verbally and physically abuse residents. Both of these forms of abuse happen more often than the industry will admit. Examples of abuse include:
- Hitting uncooperative residents
- Twisting resident’s arms or legs when re-positioning them
- Yelling at residents
- Teasing or calling residents names
An experienced nursing abuse lawyer in Brandon can assemble the evidence needed to hold these abusers accountable. If you believe someone you know, or love has suffered from abuse and need help identifying the signs, please do not hesitate to get in touch with our team today![/vc_column_text][vc_empty_space][vc_column_text]
What is Nursing Home Neglect?
Section 415.102(16) of the Florida statutes defines neglect as “the failure or omission on the part of a care giver to provide the care, supervision, and services necessary to maintain the physical and mental health of a vulnerable adult, including, but not limited to food, clothing, medicine, shelter, supervision, and medical services, which a prudent person would consider essential for the well being of a vulnerable adult.” Common forms of nursing home neglect occur when facility management and staff become so used to the plight of growing old that they stop caring. Examples of physical neglect may include:
- Failing to help residents with hygiene
- Failing to supervise residents at risk of falling
- Failing to change bedding
- Failing to change clothes
- Failing to feed the person
- Failing to give fluids to residents
- Allowing incontinent residents to lay in their waste
- Failing to timely answer call bells
Examples of medical neglect include the following:
- Failing to render timely medical attention
- Failing to give the correct dose of medicine
- Over-medicating a person
- Under-medicating a person
- Failing to diagnose symptoms
- Failing to treat symptoms
- Failing to send a resident to the hospital when needed
A Brandon nursing home neglect attorney can’t undo what’s been done. But holding them accountable for money damages, will definitely deter this type of conduct in the future. If you suspect family or friends have been the victim of neglect in a nursing home in Brandon or any other city in Florida, call us for help.
Under-staffing is The Main Cause of Nursing Home Abuse and Neglect
Many nursing homes give good care to their residents. On the other hand, some are so driven to increase their profits that they intentionally decrease their staffing levels to decrease costs. This increases profits but has the negative effect of sacrificing the amount of care provided to their residents. Of course, there’s nothing wrong with making a profit. But when profits are put ahead of providing the proper amount of resident care, nursing home abuse and neglect occurs. These nursing homes are intentionally choosing to put profits over people. They know the largest cost of running a nursing home is the money paid to the staff that cares for the residents. They make a willfull decision to understaff their facility. By reducing the cost of paying staff they significantly increase profits.
There are two ways nursing homes reduce the overall cost of staffing their facilities. The first way is to have less staff on each shift than necessary to meet the needs of the residents. The staff members that remain do not have time to care for all the residents. Those residents with the most needs often get the least help. In fact, some residents that need extra assistance end up getting no help at all. Basic things like turning and repositioning residents that are at risk for developing pressure sores, cleaning up incontinent residents, feeding and giving fluid to resident’s incapable of caring for themselves, and supervising residents that are at risk of falling do not happen. The end result is an increase in pressure sores, falls, injury, and even death.
The second way nursing homes reduce staffing costs is by hiring underqualified employees for less money than other facilities. They have nursing assistants do what LPN’s should be doing and LPN’s doing what registered nurses should be doing. These employees are so under qualified and underpaid that they don’t know how to handle older residents that are set in their ways or suffering from Alzheimer’s dementia. These employees take out their frustration on the residents in the form of mental and physical abuse.
Types of Nursing Home Abuse and Neglect
Nursing home negligence can come in many forms. But it always ends the same way. Injury and or death to the nursing home patient. Below are the most common types:
- Bed Rail Entrapment
- Combative Residents
- Dropped Patients 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
Identifying Abuse and Neglect
It’s not always easy to identify elder abuse and elder neglect. It often takes careful observation. But paying careful attention to will pay off in the end. If you keep your eyes open and are aware of possible signs, you can prevent it from occurring. These are some signs to watch out for:
- Unexplained bruises
- Sudden changes in personality
- Fear of a caregiver
- Sexually transmitted diseases
- Fainting, tiredness or other symptoms of malnutrition
- Unclean environment
- Excessive restraints
- Recurring injuries
- Injuries that cannot be easily explained
- The caregiver will not let you be alone with your loved one
- Withdrawal or depression
- Strange financial transactions
Finding the Right Facility
There are 4 nursing homes in Brandon Florida with the capacity to care for 492 residents. The facilities are:
The best way to ensure the people you love do not become the victim of nursing abuse and or nursing home neglect in one of these facilities is to investigate them before. When your researching facilities, these are things you should look for:
- Does the facility appear clean?
- Are the staff knowledgeable and friendly?
- Are residents involved in activities or are they sitting around doing nothing?
- Does the nursing home have video monitoring in the halls and patients’ rooms (video monitoring assures that nursing home residents will be watched and others will be watched while interacting with the residents, which could prevent possible abuse)?
- Does the nursing home have medical directors and physicians who supervise medical staff and the medical procedures residents receive?
- Does the nursing home have licensed nurses and/or CNA’s on staff?
- Does the nursing home employ enough staff to sufficiently provide for the care, treatment, and supervision of every patient?
- Are the nursing home physicians, supervisors, and administrators accessible and willing to address concerns?
- Have incidents of abuse or neglect occurred in the past and how were they handled?
Research the facilities you are interested in. Get to know not only the facility but also get to know the people who work there. By taking the time to do this, it’s much more likely you will notice problems and can therefore avoid elder abuse or elder neglect. You can take an active role in helping to ensure that your loved one receives the treatment and care he or she deserves.
Looking for a Brandon Nursing Home Abuse Lawyer? Call (813) 259-0022 Today!
Talk to our team at Distasio Law Firm if you have been injured by the negligence of another. We understand how complex these cases can be and will do everything in our power to ensure that you and your loved ones receive justice. We offer a free case evaluation so that you can tell us the details of your case quickly and easily. You should not have deal with this difficult situation on your own so please do not hesitate to call our office to learn how we could help you. Contact Distasio Law Firm today to schedule an appointment. We could help get the compensation you deserve for what you have gone through!