No one wants to discover that their elderly loved one has been abused in a nursing home. Many people trust that a nursing home’s staff would treat their loved one with care and patience. However, this is not always the case, and far too often senior citizens are mentally, verbally, and physically abused in nursing homes.
The Villages has more than 30 nursing homes in its general area that provide gentle care and assistance to senior citizens. However, if you believe that your loved one has suffered abuse in an elder care facility, it is important to hire an attorney who has the experience and resources needed to handle these types of claims.
At Morgan & Morgan, our attorneys in The Villages have decades of experience handling nursing home abuse cases and a record of success to match. It is the goal of our attorneys not only to recover fair awards for mistreated residents, but also to deter future instances of abuse in nursing homes in The Villages and the surrounding area. Has your loved one been the victim of nursing home abuse?
If so, you should seek the counsel of a Villages nursing home abuse lawyer immediately. Fill out our free case evaluation form to find out how our nursing home abuse attorneys may be able to help.
How Can a Nursing Home Abuse Attorney in The Villages Help?
When nursing homes are charged with abuse, they may initially attempt to disregard the resident’s accusations by claiming they were lying, mentally compromised or otherwise unreliable. It is the job of the attorney to prove that the negligence occurred within the elder care facility and that the plaintiff was injured as a result. Given the complexity of these types of claims, it is important that you retain an experienced nursing home abuse attorney.
At Morgan & Morgan, our Florida nursing home abuse attorneys have more than two decades of experience successfully handling elder abuse claims and holding abusive facilities accountable for their negligent actions. Since nursing homes under investigation are likely to enlist their own legal counsel to protect employees and financial interests, it is in your best interest to obtain an attorney who has the resources to effectively counter the opposing party’s arguments. The attorneys at The Villages office are familiar with defense teams and can anticipate how they will try to deny abuse, diminish an elder’s mental capacity and block access to information relevant to the complaint.
Further, we can consult with eyewitnesses and medical experts to gather evidence that negates the opposing team’s claims and demonstrates a causal link to the nursing home’s negligence and the resident’s injuries.
When Is a Florida Nursing Home Liable for Elder Abuse Damages?
The damages available in a Florida elder care abuse lawsuit can be extensive. Residents who have suffered abuse may be entitled to a recovery for medical bills, pain and suffering, disfigurement and disability. The state of Florida also allows for residents and their families to recover punitive damages, which are reserved for egregious cases of abuse and intended to deter future instances of similar conduct. For residents to qualify for a recovery it must be demonstrated that they suffered injuries as a result of negligence committed by a nursing home employee.
In Florida, the following may qualify as nursing home negligence and be sufficient grounds for a claim:
Negligent Hiring: Nursing homes have an obligation to hire properly qualified personnel only. For many positions, the employee must have the required academic degrees and no history of abuse. When a nursing home fails to perform background checks and residents are hurt as a result, the nursing home may be found liable.
Understaffing: When an elder care facility is understaffed, residents can become vulnerable to neglect because staff members cannot spend an adequate amount of time caring for each resident. When a resident suffers an injury as a result of understaffing, the nursing home may be found liable.
Inadequate Training: In some cases, nursing home employees are not properly trained to work with disabled or unruly residents. When a resident becomes injured because an inadequately trained employee does not provide the standard of care required by law, the nursing home may be found liable.
Third Party Responsibility Claim: Florida nursing homes have an obligation to protect their residents, and therefore, may be found liable if third parties, such as family members or other visitors, cause injury to a resident.
Breach of Statutory or Regulatory Rights: Residents of nursing homes are entitled to autonomy, dignity, and privacy. When an employee of the nursing home violates one of the aforementioned rights, the nursing home may be found liable.
Medication Errors: Nursing homes have a responsibility to see that the prescribed medication and dosage levels are administered to residents. If the nursing home is negligent and administers the wrong medication or incorrect dosage, they may be found liable. In instances where the medication error originated with the pharmacy or the prescribing physician, those parties may be found liable as well.
Contact Us Today
If you suspect that your loved one is being abused or neglected, we may be able to help. To learn what our nursing home abuse attorneys in The Villages may be able to do for you, please fill out our free case evaluation form today.