Nursing homes should be among our most trusted institutions. We depend on them to provide the care our older citizens need, and to afford them the dignity and respect they deserve. It can be shocking when you find out that your loved one was subjected to abuse.
Elder abuse is a heinous crime against one of our most vulnerable populations. Perpetrators of nursing home abuse will face legal consequences, which can include prison time. You can hold them accountable in civil court as well, and our nursing home abuse lawyers in Largo can help.
For more than 35 years, Distasio Law Firm has protected the rights of injured Florida residents and their families. We are here to fight for those who need us the most. Call for your free consultation and learn how our personal injury lawyers in Largo can help.
Why Choose Distasio Law Firm as Your Nursing Home Abuse Lawyer?
When your family is facing the emotional toll of a nursing home abuse case, you need more than legal representation. You need an experienced advocate with the tenacity to fight for what’s right, and the compassion to understand what you are going through.
Attorney and founder Scott Distasio is a Board Certified Civil Trial Lawyer, a distinction held by fewer than one percent of all attorneys in Florida. He knows how to take on powerful nursing homes, and his team has a track record of success handling nursing home abuse cases spanning several decades.
How Our Family Will Fight for Yours
At Distasio Law Firm, our dedicated Largo nursing home abuse attorneys can help you understand if you may have a case against the nursing home administration. We believe that everyone deserves personal, prompt, compassionate service from their attorney.
That is the Distasio Personal Touch, and it is what sets us apart. Each case is unique, but the benefits of working with our nursing home attorneys in Largo typically include:
- We will protect your loved one’s right to pursue compensation
- We’ll answer your questions and address any concerns that arise
- Our team will gather evidence and build a case to prove abuse, neglect, and liability
- We’ll help you document your loved one’s abuse-related injuries and damages
- We coordinate with experts to prove the severity and impact of their injuries
For a free legal consultation with a Nursing Home Abuse Lawyer serving Largo, call (813) 259 0022
Nursing Home Abuse and Neglect in Florida
Many people imagine violence when nursing home abuse comes to mind, but it can take many forms. Some are obvious, and others are more insidious. Even when you trust a facility, it’s important to remain vigilant for all types of nursing home abuse, such as:
- Physical Abuse: Hitting, pushing, slapping, improper restraint, or causing physical harm.
- Emotional Abuse: Yelling, insulting, threatening, humiliating, or isolating a resident.
- Sexual Abuse:Any non-consensual sexual contact or behavior.
- Neglect: Failing to provide proper care, food, hygiene, medical attention, or supervision.
- Abandonment: Deserting a resident who needs care and supervision.
- Self-Neglect: When a resident is unable to properly care for themselves and does not receive needed help.
If you believe any of the above types of abuse has happened to your loved one, contact our team immediately. We can help you understand how to report the abuse and take the necessary legal steps to protect your loved one and yourself.
Largo Nursing Home Abuse Lawyer Near Me (813) 259 0022
Signs of Nursing Home Abuse
Even if you suspect a loved one may be experiencing abuse or neglect in a nursing home, it can be tough to know for sure. If you notice any of these warnings, it is important to take them seriously. Early action can help protect your loved one’s safety and well-being.
Signs of nursing home abuse and neglect in Florida can include:
- Unexplained injuries
- Frequent falls
- Bedsores
- Sudden weight loss
- Poor hygiene
- Withdrawal from family, friends, or activities
- Sudden mood swings
- Fearfulness, especially around certain staff members
- Untreated medical conditions
- Missing money or personal belongings
- Unexplained bank withdrawals or credit card charges
- Sudden changes to financial documents or powers of attorney
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Nursing Home Resident’s Bill of Rights
Nursing home residents have the same legal rights as any other citizen. They also have a very specific set of rights codified under Florida Statute § 400.022. If a home violates these rules, our nursing home abuse attorneys in Largo will work to hold it liable. These include the right to:
- Be free from mental and physical abuse, neglect, corporal punishment, and involuntary seclusion.
- Respect privacy during medical treatment and personal care, including the right to have staff knock before entering their room.
- Ensure private communication, including unopened mail, phone access, and visits with anyone of their choice during flexible visiting hours.
- Be fully informed of their medical condition and participate in planning their treatment, including the right to refuse medication.
- Manage their own financial affairs or receive a quarterly accounting if the facility manages funds on their behalf.
- Exercise their rights as citizens, including religious practices and voting, without interference.
- Present grievances to staff or government officials without fear of retaliation or discrimination.
Minor violations of these rights can be addressed with the help of the local ombudsman, as long as the result satisfies the resident and family. However, some violations can rise to the level of abuse and neglect. When that happens, contact our team for guidance on your legal options.
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Compensation for Nursing Home Abuse Victims
Nursing home abuse carries legal consequences for staff members. The facility itself may face a license suspension or other disciplinary sanctions. While that might make you feel a little better, it doesn’t address the hardships suffered by your loved one.
Our Largo nursing home abuse lawyers will take steps to identify your loved one’s economic and non-economic losses and hold the perpetrators civilly liable. Some of the most common recoverable damages in nursing home abuse and neglect cases include:
- Current and future medical treatment and related care
- The cost of moving to a new facility
- Property damages and financial losses
- Pain and suffering
- Emotional trauma
- Diminished life enjoyment
Wrongful Death Claims and Nursing Home Abuse
If your loved one passed away as a result of abuse or neglect, our supportive and compassionate team can help you understand the types of damages that may be available through a wrongful death claim. These often include:
- Medical expenses related to the injury and death
- Funeral and burial expenses
- Loss of financial support that the deceased would have provided
- Loss of services the deceased would have provided
- Pain and suffering of surviving family members
- Loss of companionship and protection for a spouse
In some cases, you may be awarded punitive damages to punish the nursing home for gross negligence or intentional misconduct. Our nursing home abuse attorneys in Largo can help you understand if these may apply to your claim.
Other Settings for Elder Abuse
Nursing home abuse is a term most often used to describe the abuse of elders in an institutional setting. However, there are different types of facilities in Florida where older people may reside, and each has their own level of risk for abuse.
Nursing homes, assisted living facilities, hospice facilities, rehabilitation centers, and other care facilities have a duty to provide all necessary care to maintain the well-being and health of a vulnerable adult.
Assisted Living Facility Abuse
Assisted living facilities provide housing and help with daily activities such as bathing, dressing, eating, and medication management. These facilities are suited for seniors who need some support but do not require round-the-clock skilled nursing care.
Memory Care Facility Abuse
Seniors with cognitive issues can be especially vulnerable to abuse. Memory care communities specialize in caring for individuals with Alzheimer’s disease or other forms of dementia. The goal is to ensure safety while promoting comfort, dignity, and quality of life.
Skilled-Nursing Facility Abuse
Skilled-nursing facilities offer 24-hour medical supervision and nursing care. They often provide rehabilitation and physical therapy to help seniors return to the community. While staying there, seniors can also experience the same abuse concerns as those in nursing homes.
Regardless of where the abuse took place, if the facility had a legal duty to care for your loved one, they failed in that duty through negligence or malice, and your loved one suffered real damages, you may have a legal case.
Why Nursing Home Abuse Goes Unreported
Many well-meaning family members delay reporting suspected abuse for several reasons. They may worry about getting staff in trouble if they’re wrong, or about repercussions for the loved one. They may not be sure what they are seeing is actually abusive.
If you see or hear about something that doesn’t seem right, it is important to speak out. If you are wrong, a good facility will understand and appreciate your diligence and set your mind at ease. On the other hand, if you are correct, you could protect your loved one and others.
Your actions may even put an end to a systemic culture of abuse that has persisted for years, or oust a management team that has created a negative and toxic culture. It sounds daunting, but you don’t have to do it alone. Our team will be by your side every step of the way.
How to Report Nursing Home Abuse in Florida
If you believe your aging loved one may have been a victim of nursing home abuse or neglect, you can report your concerns. If the resident is in immediate danger, call 911 to bring police and EMS to the scene. If you suspect ongoing abuse, contact our legal team.
Our Largo nursing home abuse lawyers will help you understand your rights and alternatives, and make sure you take the correct steps. You have several options for reporting nursing home abuse in Florida:
File a Report with the Florida Agency for Health Care Administration
The Florida Agency for Health Care Administration is responsible for licensing and regulating nursing homes in Florida. You can report suspected violations by phone or using their Licensed Health Care Facility Complaints form.
Contact Your Ombudsman
Long-term care ombudsmen are volunteers who are trained to advocate for nursing home residents in order to protect their rights. They can investigate your concerns and report their findings to the appropriate authorities.
Inform the Administrator
Make the facility administrator aware of your abuse concerns, preferably in writing. Nursing home administrators in Florida are mandatory reporters and are legally required to report any suspected abuse, neglect, or exploitation of residents.
Statutes of Limitations for Nursing Home Abuse Claims
Florida has a statute of limitations for nursing home abuse cases. In most cases, you generally have two years from when the injury is discovered, or should have been discovered, to file a claim. There is also typically a four-year overall deadline from the date of the incident.
Don’t wait to contact our Largo nursing home abuse lawyers. Our team will need to complete the investigation into your case and satisfy specific pre-suit requirements. If we do not take legal action before this time expires, the court is unlikely to allow us to file a civil suit.
Get Help from Our Nursing Home Abuse Lawyer in Largo
It is natural to feel helpless when you believe a loved one has suffered nursing home abuse. It can feel as though the facility holds all the power, and staff may try to convince you that nothing is wrong. You must trust your instincts and look for the answers you deserve.
You can take action, and you can hold the people responsible for the abuse accountable for what they have done. You don’t have to do it alone. Our nursing home abuse attorneys in Largo will investigate the alleged abuse, identify the liable parties, and seek financial compensation.
Since 2006, our legal team at the Distasio Law Firm has sought to make a positive difference in our clients’ lives. We will do everything in our power to get the justice you and your family deserve. Call for a free consultation and tell us about your nursing home abuse concerns.
Call or text (813) 259 0022 or complete a Free Case Evaluation form