Orlando Nursing Home Negligence Attorneys

Types of Nursing Home Abuse/Negligence

Abuse covers an extensive scope of possible forms of mistreatment. Whatever form it comes in, though, all abuse and negligence is unethical. There are five common types of elder abuse that often occur in nursing home settings. These types of abuse are:

• Physical Abuse. Any use of force or violence against an elderly person constitutes physical abuse. 
• Sexual Abuse. Forced or non-consensual sexual contact of any kind imposed upon a victim qualifies as sexual abuse. 
• Financial Abuse. Financial abuse can include theft of an older person’s money by care staff or manipulation by family members.
• Neglect. Withholding food or water or other failures to perform care duties can fall under the category of neglect. 
• Psychological Abuse. Repeated insults, belittling, isolation, or withholding resources can all be forms of psychological abuse. 

Warning Signs of Nursing Home Negligence and Abuse

With such a wide scope of possible forms, it can be challenging to recognize when your loved one is being abused or neglected. For each discrete type of abuse, there are multiple possible warning signs. If you suspect that your loved one is being abused, you should be on the lookout for any of the following:

• Physical: Frequent scrapes, cuts, bruises, sprains, dislocated joints, broken bones, or head injuries. Frequent hospitalization or vague explanations of how injuries occurred 
• Psychological: Unprompted depression and anxiety, low self-esteem, isolation (self-imposed or otherwise).
• Sexual: Bleeding from genitals or anus, injuries to the pelvic area, difficulty with motion or sitting, new sexually transmitted infections.
• Neglect: Malnourishment or dehydration, poor hygiene, untreated injuries, unclean lodgings or clothing, missed medications, sudden weight loss.
• Financial: Missing money, unexplained payments from a checking account, unpaid bills, missing belongings and property, unpaid bills, changes of control over bank accounts.

How to Talk to Your Elderly Loved One About Safety in Their Nursing Home

When talking to a loved one about possible negligence or abuse, remember to approach the conversation with the knowledge that they are a victim of their situation. They may be afraid to talk about their experience at first, fearing repercussions for their safety. Make a few considerations to make them feel comfortable, such as providing a private place to talk.

Making your loved one feel safe to speak openly is essential to assessing whether or not legal action is needed. 

If speaking with your loved one is difficult for any reason, you can always use the Elder Abuse Suspicion Index to gather information. 

Who Can File a Nursing Home Negligence Lawsuit? 

In Florida, lawsuits against nursing homes can be filed by a few different parties. The victim themself can file a lawsuit if they are of sound mind and ability to do so. If they cannot, a legal guardian can file a lawsuit on their behalf. It is not uncommon for a nursing home resident to lack the ability to file a lawsuit, so a guardian’s action is fairly typical. 

Someone acting on the victim’s behalf can also file a lawsuit. This typically requires explicit permission from the victim, except in the case of death. In the tragic event that a loved one has passed away due to abusive behavior in a nursing home, an estate representative can file on the victim’s behalf. 

What Damages Can Your Loved One Recover?

A nursing home negligence lawsuit may result in the recovery of damages related to the abuse. These can take several forms, but the most common include the following:

• Medical expenses, both past and future, related to the consequences of abuse
• Pain and suffering and mental anguish
• Attorney costs
• Financial losses

Other damages specific to the case may be awarded based on the situation, but those listed here are most likely to be found in cases of negligence or abuse.