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Nursing Home Abuse

The process of finding a good nursing home can be grueling. The importance of care, safety and comfort are a top priority when considering a nursing home for a loved one. Even if a person does their homework and thinks they find the best possible place for their loved one, nursing home abuse can still happen.

Elder abuse has become a common occurrence in Florida where a large segment of the population is over the age of 70. It can happen to anyone if loved ones are not vigilant of common signs of abuse. Often times, it is up to family members of the abused to remain aware of the day-to-day treatment and the level of care being provided by the nursing home. Abuse, neglect, and exploitation of a loved one can go unnoticed for years if the person being abused is too scared or ill to come forward for fear of further retribution.

Nursing Home Abuse Lawyer

When it comes to defending your loved one, especially someone who is in the later stages of their life, it is imperative that you contact a professional and experienced nursing home abuse law firm. The trial attorneys at Abrams Justice will fight for your loved one to ensure that justice for your loved one has been served if they have been the victim of abuse.

Elder abuse in nursing homes is not a simple matter to be taken lightly and often times a comprehensive investigation of the facility is necessary to understand the extent of the abuse and any subsequent cover up . If you live in Miami-Dade County including, Miami, Miami Beach, Pinecrest, North Miami, Hialeah, Homestead or any other surrounding areas in South Florida, contact Abrams Justice Trial Attorneys at (305) 709-0880 or fill out an online form for your free consultation regarding any elder abuse claims against a nursing home.

Nursing Home Abuse Information Center

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Florida Regulations for Nursing Homes

Florida has strict rules and regulations for Nursing homes and related health care facilities. These guidelines are located in Chapter 400.022 of the Florida statutes. If a Nursing home continuously violates the law, then they will be in danger of losing their license. The quality of care and treatment of patients is a significant factor in determining the eligibility of a nursing home to stay open in Florida. The following are the rights a nursing home facility must give to their patients in the State of Florida.

  • Civil and religious liberties
  • Private and unrestricted communication
  • Any caretaker/counselor has right to reasonable access to the resident
  • Present grievances about staff and/or facilities
  • Organize and participate in resident groups
  • Have the resident’s family meet in the nursing home with the families of other residents
  • participate in social, religious, and community activities
  • examine results of facility inspection
  • manage his or her financial affairs
  • Be fully informed of services available
  • Be sufficiently advised of his or her medical condition
  • Refuse treatment or medication and to be informed of the consequences
  • Receive health care and protection and support services
  • Have privacy in caring for personal needs
  • Be treated fairly, politely and with dignity
  • Be free from physical and mental abuse, extended involuntary seclusion, corporal punishment and physical and chemical restraints
  • Be discharged or transferred only for medical reasons or for the welfare of other residents (and 30 day’s notice)
  • Freedom of choice in selecting a doctor
  • Use personal clothing and possessions
  • Have copies of the regulations of the facility;
  • Receive notification before the room is changed
  • Be informed of the bed reservation policy
  • Challenge a decision by the facility to transfer or discharge the resident

Nursing homes must provide adequate care in the form of hours attended, medication given, and physical and mental treatment. A problem arises when nursing homes try to save money by marginally following the rules. This can lead to a facility being inadequate and the abuse of its residents and the priority of profits over client care, which is unacceptable.

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Signs of Nursing Home Abuse

Nursing home abuse can be tough to spot if a person is not aware of the daily activities and treatment that their loved one receives. This can be even more difficult if the loved one has a debilitating illness like Alzheimer’s disease, dementia, or a disability because their ability to communicate or recollect abuse can be difficult. The following are common signs of nursing home abuse.

  • Fear of nursing home staff or paranoia– A resident can become fearful of staff if they are mistreated. Common signs can include, anxiety, mistrust and an inability to talk in front of staff.
  • Dramatic weight loss– A resident who is experiencing significant weight loss could be showing signs of abuse if it is due to stress and anxiety from staff interactions.
  • Bed sores– A resident who is uncared for and left to lie in bed all day can develop painful bed sores.
  • Broken bones– Although it may be normal for older residents to be more fragile as they age, broken bones can be a sign of trauma from staff negligence.
  • Bruises around the breasts or genitals– A resident who exhibits bruises in their breasts or genitals could be showing signs of inappropriate touching and groping.
  • Rapid diminishment of cognitive ability– A resident who is being abused may start to show diminished cognitive ability due to stress, and lack of proper care.
  • Sexually transmitted infections– A resident who is not sexually active and still contracts an STI while in a nursing home is likely showing signs of sexual abuse

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Miami-Dade County Resources for Nursing Home Abuse

Elder Affairs- This link provides resources for anyone wanting more information on the Department of Elder Affairs in the state of Florida. The link shows you how to report elder abuse and provides links to statewide coordinators and elder abuse prevention programs.

Adult Protective Services- This link provides resources for the Florida program that helps elderly adults who may be vulnerable to abuse, neglect and exploitation. The services provided include supervision, placement and community-based services.

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Abrams Justice Trial Attorneys | Miami-Dade County Nursing Home Abuse lawyer

Abrams Justice represents victims of elder abuse who have suffered from negligent or intentional abuse in a nursing home. No one deserves to be abused, especially those who are unable to defend themselves.

If you live in Miami-Dade County including, Miami, Kendall, Pinecrest, Aventura, Doral, Miami Beach and other surrounding areas contact Abrams Justice Trial Attorneys at (305) 709-0880 to start the road to justice for you and your loved ones.

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