What is nursing home abuse?
At Diaco Law, we have helped the victims of nursing home abuse for many years. With a successful track record, we provide compassionate representation and fight for maximum compensation for our clients. We understand the complexities of nursing home abuse cases and are dedicated to holding negligent caregivers and facilities accountable for the harm they’ve caused.
The National Center of Elder Abuse defines elder abuse as “intentional or negligent acts by a caregiver or trusted person that causes or creates a risk of harm to an older adult.” In recent years, the prevalence of abuse and neglect in nursing homes has become a growing concern. According to the National Council on Aging, as many as 5 million elderly individuals endure abuse annually, highlighting the urgent need for legal intervention and advocacy to protect the most vulnerable members of our society.
What are the types of abuse that can occur in nursing homes?
Nursing home abuse takes various forms, some more subtle than others, often attributed to factors such as understaffing, inadequate training, and lack of proper supervision and oversight.
Emotional Abuse:
Emotional abuse in nursing homes can include insults, harassment, isolation, and intimidation. These forms of mistreatment can have profound effects on the mental and emotional well-being of elderly residents, leading to withdrawal or feelings of fear, anxiety, depression, and helplessness.
Financial Abuse:
Financial abuse in nursing homes encompasses various forms of exploitation, including fraud, withholding financial resources, forging checks, and manipulating important documents such as wills, life insurance policies, and bank accounts. Additionally, healthcare fraud, such as overcharging for services or billing for unnecessary treatments, can fall under this category. In Florida, Elder Abuse is a very serious offense.
According to True Link Financial, the annual loss by older Americans who are victims of financial abuse is estimated at $36.5 billion. This exploitation can have devastating consequences, leading to financial instability, loss of savings, and compromised access to essential resources for elderly individuals.
Sexual Abuse:
Sexual abuse in nursing homes involves any non-consensual sexual activity, coercion, or exploitation of residents by staff members, other residents, or visitors. Victims of sexual abuse may experience physical injuries, emotional trauma, and profound feelings of shame and fear.
Unfortunately, sexual abuse in nursing homes is often underreported due to factors such as fear of retaliation or reluctance to disclose sensitive information. It’s crucial for nursing home staff, family members, and authorities to remain vigilant and address any signs of sexual abuse promptly.
Physical Abuse:
Physical abuse in nursing homes involves inflicting bodily harm on residents, which can include hitting, pushing, kicking, and excessive restraining. In a survey of 452 family members of nursing home residents, 24.3% reported at least one incident of physical nursing home abuse (Nursing Home Abuse Center).
Neglect:
According to the National Institute on Aging, neglect is one of the most common forms of elder abuse. It involves the failure to meet residents’ physical, emotional, and social needs, which can include ignoring their basic hygiene, medical care, and emotional well-being, as well as withholding food, medication, or access to healthcare. Neglect can lead to serious health consequences, including malnutrition, dehydration, untreated medical conditions, and heightened emotional distress.
What are the signs of nursing home abuse? (National Center Of Elder Abuse)
- Poor hygiene
- Hazardous/unclean living conditions
- Malnutrition or weight loss
- Dehydration
- Unexplained injuries (bruises, cuts, sores, scars, burns, etc.)
- Unattended medical needs
- Depression and anxiety
- Isolation
- Changes in sleep
- Unusual bank withdrawals or changes in spending patterns
- Unpaid bills
Recognizing the signs of nursing home abuse is crucial for enabling early intervention, preventing further harm, and ensuring that victims receive the support they need. If you observe any of these signs in your loved ones, it’s important to report them promptly to initiate an investigation and protect their well-being.
What are the risks and consequences of elder abuse?
Factors such as trauma, poor mental health, and lower socioeconomic status contribute to a heightened risk of abuse. Additionally, studies show that gender plays a significant role, with over 64% of elder abuse victims being women (Nursing Home Abuse Center).
Elder abuse carries severe consequences, with research indicating that elderly abuse victims face a 300% heightened risk of death (Dong, XinQi et al). This proves an urgent need to safeguard the well-being of these vulnerable demographics.
How can Diaco Law’s personal injury attorneys help you navigate the aftermath of nursing home abuse?
Many nursing home abuse victims are unaware of their rights or unsure about where to begin when filing a claim against a care facility. At Diaco Law, we have the legal knowledge, experience and training that allows us to effectively pursue compensation for these victims and ensure negligent caregivers and facilities are held accountable for their actions.
According to the Nursing Home Abuse Center, settlements for nursing home abuse cases can average $406,000, depending on the case circumstances and severity of the harm inflicted. This compensation can cover medical expenses, pain and suffering, rehabilitation costs, punitive damages, and wrongful death damages for surviving family members in extreme cases.
Beyond seeking justice for individual victims, Tampa nursing home abuse lawyers also play a vital role in preventing future abuse. By holding negligent nursing homes accountable and advocating for systemic changes, Tampa, FL nursing home attorneys help create safer environments for all residents.
How long do I have to file a nursing home abuse claim?
Per Florida Statute 429.296, any legal action for damages due to an incident in an assisted care facility must be started within 2 years from when the incident happened or when it was discovered. In the very unlikely event of fraud or intentional deceit causing a delay in discovering the injury, the time limit can be extended, but no more than 6 years from when the injury was discovered.
How can I prevent elder abuse?
- Educate oneself about the signs of mistreatment
- Take proactive steps to prevent isolation by regularly visiting or volunteering at nursing home facilities. This can provide valuable social interaction and support to residents.
- Do thorough research before selecting a nursing home for a loved one. This includes checking its reputation, staff qualifications, and regulatory compliance.
- Maintaining regular communication with family and friends residing in nursing homes to provide an avenue for identifying and addressing any concerns promptly.
What do I do if I suspect nursing home abuse?
If you suspect nursing home abuse, it’s vital to take immediate actions.
- Remove the individual from the abusive environment
- Contact law enforcement
- Report to Adult Protective Services (202-370-6292)
- Call Diaco Law’s Tampa nursing home abuse attorneys to seek justice and compensation
The National Center on Elder Abuse provides additional resources and support. ((855) 500-3537)
Nursing home abuse is a serious violation of trust and dignity that cannot be tolerated. It is our collective responsibility to raise awareness, intervene decisively, and hold perpetrators accountable for their actions to ensure that nursing homes are places of safety, compassion, and dignity for all.
If you or a loved one has experienced nursing home abuse, don’t hesitate to call us at Diaco Law (813) 221-7978 or contact us online. Our Tampa nursing home abuse lawyers offers free consultations and no upfront fees. Together, we will fight to hold abusers accountable and create a better future for the elderly population.
SOURCES:
- National Council on Aging. “Get the Facts on Elder Abuse.” NCOA, National Council on Aging, https://www.ncoa.org/article/get-the-facts-on-elder-abuse
- “Nursing Home Abuse Statistics.” Nursing Home Abuse Center, https://www.nursinghomeabusecenter.com/nursing-home-abuse/statistics/
- National Center on Elder Abuse. “Signs of Abuse.” National Center on Elder Abuse, U.S. Department of Health & Human Services, Administration for Community Living, https://pstrapiubntstorage.blob.core.windows.net/strapib/assets/NCEA_FS_Signs_Of_Abuse_1pg_flyer_c34470acaf.pdf
- National Center on Elder Abuse. “Home.” National Center on Elder Abuse, U.S. Department of Health & Human Services, Administration for Community Living, https://ncea.acl.gov/
- Dong, XinQi et al. “Elder self-neglect and abuse and mortality risk in a community-dwelling population.” JAMA, vol. 302, no. 5, 2009, pp. 517-526.
- National Institute on Aging. “Elder Abuse.” National Institute on Aging, U.S. Department of Health & Human Services, https://www.nia.nih.gov/health/elder-abuse/elder-abuse
- Florida Legislature. “Section 429.296: Cause of Action for Abuse, Neglect, or Exploitation of an Elderly Person or Disabled Adult.” Online Sunshine, Florida Legislature, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0429/Sections/0429.296.html
- True Link Financial. “True Link Releases Latest Elder Financial Abuse Findings: Losses Discovered to Be Much Worse Than Originally Thought.” True Link Financial, https://www.truelinkfinancial.com/blog/true-link-releases-latest-elder-financial-abuse-findings-losses-discovered-to-be-much-worse-than-originally-thought