At Nunez Law, you will find skilled and experienced lawyers who can handle your nursing home negligence and abuse case in Miami, Florida. Our law firm believes that the cases that deal with neglect and abuse within a nursing home are some of the most despicable cases that we handle.
The abuse that happens within a nursing home occurs when a caretaker intentionally does the following:
- Causes pain
- Causes harm
- Causes brain injury
- Causes suffering
In addition to that, abuse within a nursing home will also include physical abuse which can include:
- Force feeding
- Signs of sexual abuse within a nursing home can include the following:
- Sexual assault
- Inappropriate touching
- Non-bodily sexual activity
- Evidence of emotional abuse will include:
If you are concerned that there is abuse occurring at the nursing home in which your loved one lives, you can look for some of the more visible signs of abuse such as:
- Broken bones
- Changes in behavior that occur suddenly
If you have noticed any of these signs or know that abuse is happening to your loved one, you can request a free case evaluation at Nunez Law today.
Negligence in a Nursing Home Is Unacceptable and Nunez Law Can Help
Cases are increasing every day when it comes to nursing home neglect and the attorneys at Nunez Law can help you with your case. When you hire our nursing home neglect lawyer, we will stand for the victims who do not always have a voice and have been hurt due to a caretaker’s negligence.
When a resident at a nursing home is not being taken care of, or the duties that a caregiver is responsible for are not being fulfilled, nursing home negligence has happened. These instances can include but are not always limited to:
- Physical neglect
- Deprived methods of bathing
- Body positioning that is wrong
- Lack of toileting when needed
- Medical neglect
- Lack of medical care
- Poor access to medical aid
- Negligence of proper assisting
- Lack of help with eating
- Lack of aid with drinking
- Ignoring cries for help
These all can lead to unimaginable, and irreversible damage to your loved one and our highly qualified nursing home negligence attorney will work hard to provide fair treatment as well as justice to your lawsuit.
If your loved one has experienced nursing home neglect or abuse in the Miami area, do not hesitate to contact our attorneys for your free case evaluation.
Do You Have Questions Regarding Nursing Home Negligence or Abuse Cases in The Miami Area?
If you are dealing with negligence or abuse in a nursing home that your loved one is currently living at, it may be hard for you to focus on what is important to your case. You may have tons of questions that are taking over your brain. If this is your situation, we can help.
You may be wondering the following questions:
1. If you or your loved one has no written contract with the nursing home, can you still sue them?
Yes! You can still sue the nursing home because you don’t need contractual support for fundamental human rights. Think about it this way, if you were to be hit by a car, you would not need a contract with the driver to be able to sue them and win a lawsuit against them. Instead, you would just sue them under general law and this is what you would do with your case for nursing home neglect and abuse.
The Florida Nursing Home Care Act can show you the rights that your loved one will be able to enjoy without or with a contract with the nursing home under state law. The nursing home may even have to follow federal regulations if they take part in the Medicare program. There may even be some cases in which you can collect punitive damages if you can prove outrageous conduct. It is important that you hire an attorney that can demonstrate that the establishment violated a regulation so that you and your loved one can be adequately compensated.
2. What theories can be used to fight and win with nursing home neglect or abuse cases?
There are standard approaches that are used when a lawsuit is filed against a nursing home. These theories include:
- Negligent supervision
- Negligent care
- Negligent hiring of staff
- Negligent retention of staff
- Negligent maintenance of facilities
- Negligent maintenance of equipment
- Assault and battery
- Contractual violations
Some of these categories can overlap and you may be able to use more than one theory in your lawsuit.
3. When you are ready to file a complaint against a nursing home for neglect or abuse, where do you go?
In the state of Florida, if you want to submit a claim against a nursing home, you can call (888) 419-3456 or visit the Agency for Health Care Administration by clicking here.
You can call the hotline number for any complaints that you would like to make. By filling out the online form or making a phone call, an investigation will be launched. While doing this will not begin your lawsuit, it can start the process of sanctioning or closing a nursing home for violating state or federal regulations. The results of the investigation can be used in a lawsuit against the nursing home or even an individual employee of the nursing home.
4. What are the rights on a federal level for a resident at a nursing home?
If a nursing home participates in the Medicare program then the residents get to enjoy the following rights on a federal level:
- Freedom from abuse in the form of verbal, sexual, physical, and mental
- Freedom from restraints for discipline or convenience
- Always be treated with respect and dignity
- Ability to handle your finances or choose who you want to manage them
- Ability to have privacy unless it would interfere with the health, safety, or rights of other residents or caretakers
- Ability to use your own belongings unless it would interfere with the health, safety, or rights of other residents or caretakers
- Access to the information about your medical treatments and conditions
- Ability to refuse treatment if you have the mental capacity to do so
- Ability to choose your doctor
- Ability to set your schedule every day
- Ability to live in an environment that is both comfortable and safe
These rights also should apply under state law if a nursing home doesn’t take part in the Medicare program.
If your loved one is not getting the freedoms that they should be, contact our nursing home neglect and abuse attorneys at Nunez Law for a free consultation.
What Should You Do If You Feel Your Loved One Is Neglected or Abused in the Miami Area?
You will have options if you think that your loved one is not being treated right in the nursing home facility in which they reside.
- First, you can file a complaint with the Agency for Health Care Administration.
- Second, you can file a civil lawsuit.
- Third, you can file a complaint with the prosecutor to press criminal charges.
With that being said, you don’t have to choose one option; you can choose more than one. Our nursing home neglect and abuse attorneys at Nunez Law can help you make the right choice and help you decide on how to move forward with your case when you contact them today.