Nursing Home Neglect Is Just As Serious As Intentional Abuse
Nursing home misconduct is intolerable and unacceptable in any context, so you may not consider distinctions between neglect and abuse in Florida assisted living facilities. However, they are important. As described by the National Council on Aging (NCOA), abuse is intentional, physical attacks, such as hitting, slapping, punching, and sexual assault. Neglect involves a caregiver’s failure to provide basic necessities to the resident, such as food, shelter, safety, and medical care. Neglect may be a violation of US law, Florida statutes and regulations, or the contract with the nursing home.
In common usage, neglect does not sound as serious as physical abuse, but the consequences for the resident can be just as horrific. Fortunately, Florida law allows you to pursue the offending nursing home for both forms of mistreatment. You can hold the facility accountable for the harm caused to the resident, and Tampa nursing home neglect attorney will be at your side to assist. Some background information is also useful
Injuries from Nursing Home Neglect
When mistreatment by assisted living facilities is passive neglect, the harm to the resident can be more difficult to identify. There may not be visible or obvious signs that the nursing home is failing to uphold the duty of care. It is often up to loved ones to take a closer look for the subtle indications of neglect, so keep the following points in mind:
- When visiting, carefully assess your loved one’s private room and the facility’s common areas. Dirt, dust, grime, and odors of urine or feces are red flags for nursing home neglect.
- You should take immediate action if the resident develops bedsores. This could be an indication that he or she is not being moved from a wheelchair and/or bed frequently enough to avoid pressure ulcers.
- Nursing home falls affect up to 75 percent of residents, and they may occur because the person was left alone and tried to move without assistance.
- Missed mediations are also a sign of nursing home neglect, usually due to understaffing, failed policies, and communication problems.
Legal Remedies for Nursing Home Neglect
Florida has multiple statutes and regulations on the books that are intended to protect residents and penalize offending facilities. Reporting is critical for these purposes, but an injured resident also has legal options under personal injury laws. Victims may qualify to pursue a claim for nursing home neglect, through which it is possible to recover for:
- Medical expenses, including hospitalization, surgery, and rehabilitation services;
- Payments made to the nursing home;
- Pain and suffering;
- Emotional anguish; and,
- Many other losses that affect the resident’s quality of life.
Consult with a Florida Nursing Home Neglect Lawyer Right Away
Time is of the essence to take action if you suspect mistreatment at a Florida assisted living facility. To learn more about remedies, please contact Greco & Wozniak P.A at 813.223.7849 or open up a chat on our website to set up a free case evaluation. A Tampa nursing home neglect attorney can explain details about your rights after reviewing your situation.
Source:
ncoa.org/article/get-the-facts-on-elder-abuse
