Miami Nursing Home Abuse and Neglect Lawyers

Nursing Home Neglect Lawyer Miami: Our loved ones need good care and for the ones who cannot take adequate care of themselves, nursing homes come in. Nursing homes are trusted with the task of giving them the best care possible.

Unfortunately, in certain instances, nursing homes fail to live up to expectations. Some nursing homes neglect your loved ones or even worse, abuse them. What happens then?

More than 2 million cases of nursing home neglect and abuse are reported yearly. Experts however believe that for every reported case, about five other cases are not reported. This is a very sad development as our loved ones that we put in the care of these nursing homes are treated with less respect and dignity than they deserve but with the way things are, some nursing homes actually do not do what is expected of them and nothing is done about it.

TYPES OF NURSING HOME AND ASSISTED LIVING NEGLECT

There are about a hundred nursing homes and assisted-care facilities in Miami, Florida, and some of these nursing homes are guilty of neglecting their patients. There are different forms of neglect that we should be acquainted with so they can be reported once noticed.

Types of nursing home neglect in Miami include unsanitary living conditions, not administering medications, dehydration, and food denial. Also, some neglects are emotional such as when the person to be cared for is left alone, ignored, or separated in treatment from his or her peers.

WHAT TO LOOK OUT FOR IN IDENTIFYING NEGLECT

Once you begin to notice from the behavior or appearance of your loved one that he or she is being neglected, you may take action but there are some sure signs to look out for so you can be sure of how your loved one is being treated. These signs include: 

• Fall Injuries that can be prevented.
• Deprivation of water
• Deprivation of food
• Withdrawn behavior
• Unfriendly interaction with other residents and nursing home staff
• Weight loss
• Changes in personal hygiene
• Environmental Hazards such as poor amenities, poor lighting, slippery floors, dangerous furniture)

Although there are many nursing homes with excellent facilities the problem of nursing home neglect is most rampant in these nursing homes with great facilities while they hide the terrible conditions residents are living in from their family members.

HOW DO YOU HANDLE YOUR LOVED ONE BEING A VICTIM OF NURSING HOME NEGLECT?

If you suspect that your loved one is being subjected to nursing home neglect in a Miami, Florida nursing home facility, it is paramount that you do not keep this to yourself. You represent your loved one and you should try and have a talk with the director of the facility.

However, if you think you need more force, there is a  Nursing Home Neglect Lawyer in Miami who focuses on the neglect of those who need care. You should also talk to a nursing home neglect lawyer. A Nursing Home Neglect Lawyer Miami will take up the case and make the people or nursing home facility responsible for putting your loved one in discomfort pay for it. Nobody deserves not get the care they ought to be getting and as such should be treated with firm hands should that happen to anybody.

NURSING HOME ABUSE LAWYERS

The Miami nursing home abuse and neglect attorneys at Madalon Law understand that a nursing home case makes a victim out of your loved one and causes pain and suffering for not just them, but your entire family.

Placing a relative in a nursing home may be one of the toughest and most traumatic decisions a person can make. It could be due to a sudden change in their health condition like a stroke or severe illness. Maybe they are suddenly more physically dependent on others because of a recent fall or injury. Whatever the reason, a family can spend the next few weeks, months, or even years wondering if placing a loved one in a nursing home is the right decision.

Many families are eventually faced with this tough decision. According to the State of Florida Agency for Health Care Administration, there are currently around 73,000 senior adults living in nursing homes throughout the state of Florida.

Even though there is a level of care outlined by Florida state laws, there are elderly care professionals who do not provide the proper care and show a level of neglect that can actually harm the elderly people they are supposed to be caring for.

Once your loved one is a nursing home resident, you are no longer with them 24 hours a day. The thought of not knowing what is really going on is truly a horrible feeling, but there are some signs that may let you know if there is a reason for concern.

Here are some of the more common physical signs of nursing home abuse or neglect:

• Bruises that seem to take on a pattern of restraints
• Unattended health problems
• Poor personal hygiene
• An abnormally pale complexion
• Sudden and/or excessive weight loss
• Dirt, fleas, or lice on the resident or in a resident’s room
• Broken personal items
• Torn clothing
• Unpleasant Odors
• Wounds, cuts, bruises, welts, or untreated bed sores
• A lack of proper heating or cooling in the nursing home
• A slip and/or fall
• Theft
• A sudden change in your loved one’s medication
• If a caregiver allows your loved one to wander off the property
• If a caregiver is unable to explain your loved one’s condition
• If a caregiver refuses to allow visitors to see your loved one alone

CONTACT A NURSING HOME INJURY LAWYER

Broward, Palm Beach, and Miami-Dade County are home to several nursing home facilities for the elderly. The decision to choose a nursing home was difficult enough. An incident that results in a nursing home case makes the feeling much worse. It is common for people in this unfortunate situation to begin to blame themselves. This is not your fault. It is the other party’s fault and this sort of negligence should be addressed so it does not happen to anyone else. The Nursing Home Abuse Lawyers in Miami at Madalon Law have successfully protected those who cannot protect themselves. We will review your case for free and if we can help, we will take on the cost of the litigation for your case. You will pay us nothing unless we win. Contact us today for your free consultation.

Nursing Home Negligence in Florida Leaves Elderly Woman Injured

Hillsboro Mgmt., LLC v. Pagono, 112 So. 3d 620, 622 (Fla. Dist. Ct. App. 2013)

This case involved an elderly woman who resided at a nursing home. The woman sustained severe injuries after multiple falls while under the supervision of the facility. A negligence claim for Improper Supervision was filed against the home.

A ninety-eight-year-old woman, Frances Tremblay, had been admitted as a resident by her granddaughter and caretaker to the Living Legends Retirement Home. During the intake process, it was noted by the staff that the elderly woman did not need the assistance of a walker, cane, or wheelchair to get around. Unfortunately, on the very first day that Tremblay was at the facility, she experienced a traumatic fall that injured her.

Though it was not alleged that the fall was due to the negligence of the nursing home, it was reported that Tremblay had additional falls while she was staying at the home. In total, she experienced 19 falls in the 26 days that she lived at the center. The excessive amount of falls that the victim dealt with caused her great bodily injury. The woman ultimately died, though it was not stated that her death was directly related to these falls.

The elderly woman’s granddaughter, the plaintiff in this case, filed a lawsuit against the assisted living facility claiming that the staff did not properly supervise the woman while she lived under their care. At trial, the plaintiff presented evidence of the woman’s falls, lack of supervision on the part of the staff after they were aware of multiple previous falls, and other acts that were intentionally directed at the victim. A jury found the nursing home to have been negligent in their conduct and awarded damages to the plaintiff in the case.

Like the plaintiff in this case, many of us are forced at some point to make the decision to have a family member supervised by an assisted living facility, or nursing home. When we place our loved ones in the hands of these centers, we oftentimes take for granted that there is a chance of harm being caused while under their supervision. The victim in this case did not have a history of falls prior to entering the home; however, she did experience a substantial amount of falls following her admission into the facility. Once the staff became aware of the woman being prone to falls, it should have been a priority of theirs to ensure that she was properly handled when moving about.

When nursing homes are not adequately staffed, the chances of residents being injured in a slip-and-fall type accident are increased dramatically. The residents known by the staff of a nursing facility to be at risk of falling down must be properly supervised. This means monitoring almost every step, including bathroom visits and any time that the person is on their feet. There are requirements in Florida that make it mandatory to have a certain number of staff members on duty depending on the number of residents who live in the home. When a nursing home fails to provide the needed supervision from its staff, it can be found negligent for injuries suffered by a resident.

If you feel that you or a loved one may be a victim of possible nursing home neglect and/or abuse, contact the Miami nursing home neglect attorneys of Madalon Law for your free consultation.

Steps if There is Nursing Home Abuse/Neglect in Miami

What to do if you suspect nursing home abuse

There are signs that may cause you to believe your loved one may be a victim of nursing home abuse or neglect. Some of these signs include poor hygiene, different behavior, a sudden change in weight loss, unresponsiveness, unexplained injuries, damaged clothing, bedsores, dehydration, soiled bedding, and anxiety or maybe there is an unusual wait time before you or other visitors can see your loved one. Any of these may be signs of nursing home abuse and should not be ignored.

The management should have given you the written policy of the nursing home when you made your decision on the nursing home and filled out all the paperwork. It is the law that this policy should have been given to you. It is also the law that should be followed.

Here are the steps you should follow if you are seeing signs that may indicate the policy is not being followed and resulting in possible nursing home abuse and/or negligence:

• Remain Calm and Be Rational: It is very easy to lose your temper if you believe your loved one is not being treated correctly. Even though this is clearly an issue someone can get emotional about, it is in the best interest of all parties that you remain calm.
• Speak to Management: Unless your loved one’s life is in imminent danger (call 911 if it is), it is better to speak to the nursing home supervisor or facility manager. Speak to them calmly and professionally. Let them investigate the matter or offer an explanation.
• Speak to your loved one: This needs to be done privately so they will be comfortable enough to tell you everything. Keep in mind that even when you speak to your loved one, they may still be reluctant to tell you what is going on due to fear of retribution. If the staff or management of the facility will not give you privacy, then you need to take immediate action and contact an Attorney
• Take Notes: Qualified caregivers will not mind you asking questions if you do it in a calm and respectable manner. Take written notes of who you talk to, but try not to do it in front of them because their seeing you document things may make them hesitant in answering your questions.
• Report Suspected Elder Abuse or Neglect: You can call the National Center on Elder Abuse at 1-800-677-1116 and also contact the State Adult Protective Service Department
• Contact a Lawyer: Reporting nursing home neglect or abuse is essential, but most facilities that are guilty of this usually don’t change until legal action is taken against them.

The nursing home abuse lawyers at Madalon Law understand the details and approaches that are needed for success in these unique types of cases. We will take on all the financial risks in your case and will not bill you unless we win. Contact us today and let our family protect yours.