A nursing home is supposed to protect your loved one, as they are vulnerable and in need of special help. Instead, many residents face neglect, abuse, and negligence at the hands of staff and supervisors. So many elderly residents are harmed by wrongful acts that demonstrate a lack of care. Physical, emotional, and financial injuries that stem from this abuse may be compensable through a lawsuit.
If you are dealing with a situation involving elder neglect, let an experienced Melbourne nursing home abuse lawyer consult on your case. Many family members avoid hiring a seasoned personal injury attorney because they assume the cost will be too high. However, we do not charge upfront costs or fees – we are only paid if we recover for you.
The sad truth is, nursing home abuse is more common than we like to think. It also comes in many different forms. Whether this abuse is negligent, intentional, or as a result of deficient living conditions, all can have a severe impact on the health of the elderly resident. Much of this abuse may even constitute elder abuse under Florida Statutes Chapter 400. Some of the most frequent examples of nursing facility abuse are:
Some of these abuses might be difficult to identify or confirm, especially if an elderly loved one is not in a condition to speak. Our Melbourne nursing home abuse attorneys are well-versed with how to investigate and handle these important claims.
The legal standard that comes into play will depend on the type of abuse alleged in the lawsuit. Many cases are due to accidental or otherwise negligent conduct. In these cases, such as slip and fall accidents, a lawyer will use an ordinary negligence standard proof. This requires a showing that a person or business failed to follow the reasonable duty of care and caused harm to a resident.
For allegations of improper medical treatment, the medical standard of care applies instead. This requires a showing that the medical professional did not meet the same standard expected of a reasonable medical professional in a same or similar situation. This may even be a type of medical malpractice within the nursing home.
When abuse is intentional and not accidental, the standard changes. The new standard requires showing the purpose of committing the abusive act. This primarily happens in cases like sexual abuse, financial abuse, and other situations where the person specifically meant to abuse the elderly resident in some way.
Many of these cases require an in-depth investigation to prove. In some situations, punitive damages may be available for intentional abuse. Punitive damages go above and beyond ordinary personal injury compensation in order to punish the abuser. Compensation in these cases—when applicable—can be high. A Melbourne nursing home neglect lawyer with our firm is familiar with how to pursue these and other damages whenever available.
Few things are worse than realizing that nursing home staff have been abusing your elderly or vulnerable loved one. These places have a duty to care for and protect their residents, and any abuse, exploitation, or neglect is a direction violation of that duty.
When this occurs, get in touch with a Melbourne nursing home abuse lawyer right away. We have the experience needed to properly pursue your case, so call and tell us your story.