Navigating nursing home abuse cases can feel overwhelming, especially when it involves the well-being of a loved one. Families in Deerfield Beach often have many questions about their rights and the legal process. Below, we’ve answered some of the most common questions to help you better understand how to protect your loved one and seek justice.
What counts as nursing home abuse?
Nursing home abuse includes any action or inaction by caregivers or staff that harms residents. It can be intentional or result from neglect. Common types of nursing home abuse are:
- Physical abuse: Hitting, slapping, or using improper restraints.
- Emotional abuse: Yelling, humiliating, or isolating residents.
- Sexual abuse: Unwanted sexual contact or behavior.
- Financial abuse: Stealing money, forging checks, or mismanaging funds.
- Neglect: Failing to provide basic needs like food, water, or medical care.
If you suspect any abuse, act quickly to protect your loved one. Talk to a Deerfield Beach nursing home abuse lawyer for help.
How long do I have to file a claim in Florida?
In Florida, the statute of limitations for filing a nursing home abuse claim is generally two years. The two years start from the date when the abuse happened or when you discovered it. However, there are situations where you can go beyond the two years. Cases where there’s a wrongful death or if the victim didn’t understand what was happening also count.
It’s important to act promptly. Delays can make it harder to gather evidence and pursue legal action. A nursing home abuse lawyer in Deerfield Beach can help you meet deadlines and file your claim on time.
What should I do if my loved one refuses to talk about the abuse?
It’s not uncommon for victims to feel scared or embarrassed about discussing abuse. If your loved one refuses to talk, try these steps:
- Observe Behavior Changes: Look for signs like withdrawal, fear, or depression.
- Document Physical Evidence: Note any bruises, cuts, or injuries.
- Talk to Staff or Other Residents: They may provide helpful insights.
- Consult an Attorney: A lawyer can help investigate the situation and uncover evidence of abuse.
Your loved one’s safety is the priority. Taking action on their behalf ensures they get the care and protection they deserve.
Can I file a claim if the abuse happened years ago?
In some cases, it’s possible to file a claim even if the abuse occurred years ago. The statute of limitations in Florida can have exceptions in some situations. An example can be that you discovered the abuse recently or the facility hid some wrongdoing.
Deerfield Beach nursing home abuse lawyer can check your case and tell whether you are still eligible to file a claim.
Can I move my loved one to another facility during the legal process?
Yes, you can move your loved one to a safer facility while pursuing legal action. Their well-being should always come first.
Before transferring them, consider these steps:
- Document Current Conditions: Take photos of the living environment and any injuries.
- Notify Authorities: File a formal complaint with Florida’s Department of Elder Affairs.
- Work with Your Lawyer: They can guide you in ensuring a smooth transition while protecting your legal case.
Moving your loved one can also provide them with a sense of safety and comfort during this challenging time.
Are nursing homes allowed to retaliate if I file a complaint?
No, nursing homes cannot retaliate against residents or families who file complaints or take legal action. Retaliation can include transferring the resident to another facility, reducing their quality of care, or mistreating them further.
If you suspect this behavior, report it immediately to the appropriate authorities and consult with your attorney. Retaliation is illegal and can result in additional penalties for the facility.