Nursing home abuse and neglect are more prevalent than you think. Long-term care facilities are overcrowded and understaffed. Many of those tasked with providing care may not have the necessary training or experience to ensure the residents’ needs are met.
If you believe your aging family member became a victim of nursing home abuse or neglect, an experienced personal injury attorney at Distasio Law Firm can help. A Riverview nursing home abuse and neglect lawyer will review the facts of their case for free, identify the abusers and others liable, and possibly take legal action to hold them responsible for their negligent actions.
Call now to get started. Our case reviews are always complimentary, and you do not owe us any attorney’s fees unless–and until–we recover compensation in your case.
Understanding Nursing Home Abuse and Neglect in Riverview
Nursing home abuse and neglect is a significant concern nationwide, not just in Riverview, Hillsborough County, Brandon, or the greater Tampa Bay area. Abuse and neglect in this especially vulnerable population can greatly affect their physical, mental, and emotional well-being. Catching it early and holding those responsible legally liable is important for achieving a positive outcome.
Several statutes address nursing home abuse in Florida. These statutes include Florida Statute 415.102(1), which gives a broad definition of abuse, Florida Statute 415.102(16) about neglect, and the nursing home Resident’s Bill of Rights.
Nursing Home Neglect
Neglect is the most common type of nursing home abuse nationwide. Neglect occurs when the facility fails to provide for the patient’s basic needs. This can result in decreased quality of life, physical health concerns, and emotional distress. Neglect is not always purposeful, but that does not mean nursing home administrators are not liable. These facilities have a duty to provide the care and services to maintain all residents’ physical and mental health.
Types of Nursing Home Abuse
Other types of nursing home abuse include:
- Physical violence and physical abuse
- Emotional abuse, including verbal and psychological abuse
- Sexual abuse
- Financial abuse and theft
If you believe your loved one was the victim of nursing home abuse or neglect in Riverview, call an attorney at Distasio Law Firm now. A Riverview elderly abuse and neglect lawyer with our firm wants to discuss your case and explain your loved one’s rights.
Florida Statute of Limitations on Nursing Home Abuse and Neglect
Based on Florida Statute 400.0236, you generally have two years to take legal action against a nursing home in Riverview or elsewhere in Tampa Bay. If you miss this deadline, you may lose the option of taking legal action, and it will become tough to recover compensation.
It can take time to gather evidence and build a strong case, so we encourage you to reach out to us as soon as you suspect abuse or neglect. We can help you understand your options and take legal action on your loved one’s behalf.
We Can Help Your Loved One Fight for Compensation for Their Injuries
Scott Distasio and his team of skilled attorneys are dedicated to helping nursing home residents in Riverview and elsewhere in Tampa Bay pursue and receive the compensation they deserve based on the facts of their case. While we can often reach an out-of-court settlement, firm founder Scott Distasio is a Board-Certified Civil Trial Lawyer. Less than one percent of Florida lawyers hold his distinction.
When a nursing home resident or their family reaches out to our team about potential abuse or neglect, we can go to work immediately. We will:
- Identify abuse and all potentially liable parties
- Protect the senior’s right to take legal action
- Handle all communications about the case
- Provide regular updates about the case
- Gather evidence to prove the nursing home administrators acted negligently and are liable
- Document all the victim’s abuse-related expenses and losses
With Distasio Law Firm, every client receives the full attention and hands-on personal handling of their case by their attorney. That is the Distasio Personal Touch. And that is what sets us apart. Call today to get started with a complimentary case review.
Determining Who Is At Fault in a Riverview Nursing Home Abuse Case
Figuring out who is liable for mistreating your loved one is the first step toward compensation. Depending on the facts of the case, a staff member, the nursing home, a frequent visitor, or another entity may be held liable for causing your loved one injuries and distress.
Nursing homes have a legal obligation to their elderly residents to provide reliable food, shelter, hygiene, and medical attention. A nursing home can typically be held liable for actions such as:
- Failure to provide adequate training to the staff
- Failure to perform thorough background checks on the staff
- Failure in providing sufficient security on-premises and not monitoring the staff
- Failure to provide critical medical service, prescribed medications, or therapy
- Unnecessarily imposing physical restraints
- Not providing basic living needs
- Not protecting residents from hazards
- Staff members intentionally harming residents
If evidence shows that the nursing home engaged in negligence and that negligence caused your loved one injuries and other damages, then the institution can be held legally responsible for the sustained damages.
Sometimes, a resident may be injured because a medical device, such as a wheelchair, malfunctioned. In this case, several other parties may be held accountable, including:
- Nursing home staff that may have used the device wrong or failed to provide a necessary service to the resident
- A contractor who may not have adequately maintained the device
- The device manufacturer or designer if the injury occurs from device malfunctioning or bad design
- If the resident suffers from food poisoning, then the vendor who supplied the food can be held liable
Other individuals and entities that can be held liable include trespassers, visitors, or companies that provide the nursing home essential services like floor waxing and polishing, landscaping, or security.
To recognize all the at-fault and liable parties, your proactive lawyer will have to investigate the case and identify what negligence occurred and who caused that negligence. Then, evidence will be gathered that clearly demonstrates that the identified party was involved in the damages that your loved one has sustained.
Recoverable Damages in a Riverview Nursing Home Abuse Case
As a part of building a case against the facility administrators who allowed the abuse and neglect to occur, we will also document your loved one’s injuries, expenses, and losses related to it. This documentation will enable us to prove the case’s value to the insurance company, corporate attorneys, or even a jury.
Some of the recoverable damages in this type of case may include:
- Expenses related to medical treatment and care of any physical injuries
- Emotional support and care
- The cost of relocating to a different facility
- Out-of-pocket costs related to the abuse or neglect
- Property damages and financial losses incurred from financial abuse or exploitation
- Pain and suffering
- Emotional trauma
We can also help your family pursue a wrongful death case if your loved one recently passed away, and nursing home abuse or neglect may have played a role in causing or contributing to their death. Our compassionate team of nursing home abuse and neglect attorneys in Riverview can review your case and help you navigate the claims process.
Do This If You Suspect Your Loved One is a Victim of Abuse or Neglect
If you suspect abuse or neglect at the nursing home where your loved one is staying, first and foremost, report the incident to law enforcement. You can also report abuse to the National Center on Elder Abuse.
Be on the lookout for these red flags that may indicate abuse and neglect:
- Changes in your loved one’s appearance and/or behavior
- The staff being evasive or dishonest when answering questions or addressing your concerns
- Not enough staff for the total number of residents
- High turnover rate
- The resident is fearful of a staff member
- The staff is unresponsive
- The facility is maintained poorly, and hazards intentionally go unaddressed
- Your loved one is frequently dehydrated, hungry, or unkempt
- You sense deep down that something is wrong
If you suspect abuse or neglect occurs at your loved one’s nursing home or assisted living facility, it is important to act now. If you are confused about the next steps, one of our experienced attorneys can determine who to report the incident to. We can also ensure that your loved one is out of the dangerous situation and in a safe environment.
A Nursing Home Abuse and Neglect Attorney Can Pursue Justice for Your Loved One
If your aging loved one suffered physical or psychological injuries because of nursing home abuse or neglect, they may be able to take legal action against the nursing home administration. Distasio Law Firm offers free case evaluations and will help you or your loved one take the steps necessary to build a strong case and pursue a payout.
Call today to get started with your complimentary consultation with a member of our team. A Riverview nursing home abuse and neglect lawyer can help you understand the strength of your loved one’s case against the nursing home administration today.