Understanding Florida Nursing Home Abuse Laws and the Importance of a Personal Injury Attorney

What is nursing home abuse?

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.

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.

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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.

What are the signs of nursing home abuse? (National Center Of Elder Abuse)

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.

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.