If you or a loved one was a victim of abuse or neglect in a nursing home, a dedicated attorney from our team at 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.
Our Clearwater personal injury lawyers have 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, reach out to a Clearwater nursing home abuse lawyer from our firm today. We have over 35 years of experience, and we‘re ready to fight for you.
You’ll See “The Distasio Difference” When We Handle Your Case
When you work with our team of Clearwater nursing home abuse lawyers, 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 case involves 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 working with us and trust the relationship we build together. We strive to be as compassionate as possible to victims of abuse, especially for elderly 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.
For a free legal consultation with a Nursing Home Abuse Lawyer serving Clearwater, call (813) 259 0022
You Can Rely on Our Team to Build Your Nursing Home Abuse Case
Trying to balance efforts to help an abused loved one 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, our experienced Clearwater nursing home abuse attorneys 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 have of nursing home negligence
- Interview potential witnesses to the abuse
- Consult medical experts who can identify whether your injuries 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, our Clearwater nursing home abuse lawyers will also update you and advise you accordingly.
Clearwater Nursing Home Abuse Lawyer Near Me (813) 259 0022
We Understand Cases Involving Skilled Nursing Homes
If you suspect a loved one has been harmed in a skilled nursing facility (SNF), it is understandable if you feel helpless. It may seem like the facility has all the power, but it’s not true. Our skilled nursing home abuse lawyers in Clearwater can help you act quickly and get justice.
SNFs are supposed to provide the same level of medical care your loved one would receive in a hospital. Unfortunately, acts of medical malpractice and abuse can occur in any of these facilities.
We help residents and families facing neglect, physical abuse, medication errors, dehydration, malnutrition, and wrongful death in skilled nursing settings.
Understanding Resident Rights and Facility Duties
Florida law grants residents of SNFs the right to be treated with dignity, to be free from abuse, and to receive adequate and appropriate health care. Skilled nursing homes must provide sufficient staffing, develop and follow care plans, and monitor residents’ changing conditions.
When a facility cuts corners, residents pay the price. Corporations that own or manage facilities are also responsible for policies that lead to harm. Chronic understaffing, poor training, and ignoring physician orders are common drivers of preventable injuries.
Our skilled nursing home abuse attorneys in Clearwater connect individual failures to corporate decisions to show how negligence occurred.
Click to contact us today
Our Clients Rave About Our Services and Work Ethic
At Distasio Law Firm, our committed nursing home abuse lawyers in Clearwater 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 ensured 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.
If you or a loved one has been a victim of abuse or injured due to neglect in a Florida nursing home, call Distasio Law Firm today and speak with our elderly abuse attorneys.
Complete a Free Case Evaluation form now
Compensation for Your Nursing Home Abuse Case
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 proactive Clearwater nursing home neglect 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.
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.
As such, our team will take the time to listen and assess your damages so we can reach a figure that covers 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.
Wrongful Death Damages in Florida
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, so our Clearwater wrongful death lawyers can go over your legal options for a wrongful death action with you. We’re here and ready to offer the compassionate care you deserve.
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 a strict statute of limitations for injury cases, and if you miss it, your case will be dismissed.
For nursing home abuse and negligence, you will usually have two years to pursue a case from the time you knew or should have known of the abuse or neglect. Note that these deadlines can vary, so you should always consult with an attorney about time limits on your claim.
If you are filing a wrongful death action, you will usually have two years. We encourage you to start your case as soon as you can, as deadlines can change based on certain factors.
What Is Nursing Home Abuse?
“Abuse” is a broadly defined term under Florida law. Abuse in nursing homes occurs when any individual, such as a caregiver or another resident in the nursing home, willfully causes harm to a “vulnerable adult.” 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.
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 of elder abuse lawyers in Clearwater, we can work with police officials and conduct our own investigation to gather evidence to support your claims.
What Is Nursing Home Neglect?
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 includes 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
- Shelter
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.
Medical Neglect Can Risk a Resident’s Life
Certain nursing home neglect cases involve 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 being 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 and Neglect
Unfortunately, some of the nursing homes in Florida decide that profits, not compassion, are their priority. We often see this prioritization in the way 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 responsibilities that may be overlooked, placing residents’ health at risk.
Issues Related to Hiring Underqualified Staff
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.
Hazards Associated with Nursing Home Abuse and Neglect
The most common issues associated with nursing home abuse and neglect include:
- Bed rail entrapment
- Choking
- Dehydration
- Patients dropped by a Hoyer lift
- Elopement and wandering
- Feeding tube neglect
- Medication errors
- Misuse of restraints
- Slip and falls
- 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 obtain an expert opinion on how the liable party or parties could have prevented your injuries had they followed their duty of care.
Nursing Home Abuse Frequently Asked Questions
We’re here to provide the answers you need to all your legal questions after a loved one faces abuse in a care facility. For example, we can answer questions like:
What Should I do if I Suspect Nursing Home Abuse?
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 safe place as soon as you can, and then consider speaking with us about your legal needs.
What are Some of the Physical Signs of Abuse?
Physical signs of abuse can include:
- Fractures
- Impacted bowels
- Signs of malnutrition
- Poor hygiene
- Pressure sores
You should get immediate medical care for a loved one if you notice any of these signs of abuse.
How Much Compensation Can My Family Get for Nursing Home Neglect or Abuse?
The funds available to your family after an act of abuse or neglect will vary based on your circumstances and the extent of your losses. We’ll review all the economic and non-economic damages you face in order to determine a fair value for your claim.
We don’t believe in bringing clients an average amount of compensation. We want to ensure that the liable party fully covers all of your expenses so you can make a full financial recovery.
What will My Nursing Home Neglect and Abuse Lawyer Charge?
We handle these cases on a contingency-fee basis, meaning we only take payment for our legal fees after fully resolving a claim for your family. After we handle your claim, we’ll receive a percentage of your final financial award as payment for our services.
How Long will My Nursing Home Abuse Case Take?
The time it takes to resolve a case involving abuse in a long-term care facility will vary. We’ll do everything we can to expedite the legal process on behalf of your family, but you should expect the process to take time.
The sooner you contact us after suspecting an act of abuse, the sooner we can begin moving your claim through the legal process.
Call a Clearwater Nursing Home Abuse Attorney 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, speak with a Clearwater nursing home abuse lawyer from our firm as soon as possible.
Call our legal team today 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.
Reach out to our team at Distasio Law Firm and take action on behalf of your loved one.
Call or text (813) 259 0022 or complete a Free Case Evaluation form