Florida Nursing Home Abuse Attorneys
Nursing Home & Elder Abuse - FAQ's
Neglect or abuse from caregivers is a reality for many older Americans. Unfortunately, this abuse and neglect can persist for years unless the authorities or the courts are willing to intervene. For this reason it is important that elderly victims and/or their relatives contact our firm in Jacksonville if they suspect nursing home neglect or elder neglect or abuse. By representing these victims and securing compensation for their injuries, our attorneys can bring this type of behavior out in the open and possibly prevent future abuse or neglect from occurring.
Contact our office in Jacksonville to speak with an attorney about your Florida nursing home neglect or elder abuse case. We have also provided helpful information and FAQs on the topic below:
- How much is my elder abuse or neglect case worth?
- Will my case go to trial?
- Should I move my loved one out of the nursing home?
- What is a subrogation claim?
- Can insurance companies file a subrogation claim?
- What are the signs of nursing home abuse or neglect?
- What should I do if I think my loved one is being abused or neglected?
- What are the rights of a nursing home resident in the State of Florida?
How much is my elder abuse or neglect case worth?
We can never guarantee an amount because there are a lot of factors that go into fighting elder abuse and nursing home neglect cases. One is the cost it takes to litigate, which could be upwards of $100,000 or more.
Will my case go to trial?
As 85 to 90 percent of cases settle out of court, the odds are that it won't. Once the defendants receive pre-suit notice, they have 75 days to reject the claim or make an offer. If they reject, mediation will occur within 30 days. Commonly elder abuse and neglect cases are resolved in 12 to 24 months, sometimes more quickly.
Should I move my loved one out of the nursing home?
Yes, generally you should. By keeping your loved one there, he or she could be in danger of retaliation and even more abuse or nursing home neglect.
What is a subrogation claim?
A subrogation claim is when Medicare, Medicaid, or your insurance company asks to be paid back for any medical bills they incurred as a result of a negligent nursing home care. Since Medicare is a federal program, you are required by law to reimburse Medicare for at least part of what it paid. When our Jacksonville personal injury attorneys represent victims of elder abuse and neglect or institutional (nursing home) neglect, we always do our best to make the reimbursement as small as possible.
Can insurance companies file a subrogation claim?
Yes. Under Florida law, they are also entitled to recover sums paid toward medical expenses incurred as a result of the negligence of nursing homes and health care providers. But our Jacksonville elder abuse and nursing home neglect lawyers do their best to ensure that reimbursement is minimized.
What are the signs of nursing home abuse or neglect?
Some of the most common circumstances that may indicate elder neglect or abuse are the following:
1) Bed sores
2) Fractures
3) Falls
4) Unexplained injuries
5) Malnutrition
6) Improper medication
7) Rapid weight gain or loss
8) Unsanitary conditions
9) Poor staffing
10) Unexpected death
Please be aware that this listing is not exhaustive. Any suspicious, sudden, or unexplained change in condition may also be a sign of abuse or neglect. If you believe someone you love may be receiving inadequate care, contact our elder abuse attorneys in Jacksonville. We investigate allegations of elder abuse or nursing home neglect quickly and efficiently.
What should I do if I think my loved one is being abused or neglected?
If the circumstances require immediate medical attention, see a doctor now. If you believe the situation represents criminal elder abuse, call the police or the Florida Department of Children and Families at 1-800-962-2873 or the Agency for Health Care Administration at 1-561-840-0156.
If you'd like advice on legal action, contact us. Our attorneys have a proven track record in nursing home abuse cases in Jacksonville and throughout Florida - we don't take elder neglect or abuse lightly.
What are the rights of a nursing home resident in the State of Florida?
Florida Statutes provide a Nursing Home Residents' Bill of Rights in Chapter 400. Among the rights guaranteed to each resident are the following:
1) Reasonable access to health and legal services
2) To be transferred or discharged only for medical reasons
3) To be free from mental and physical abuse, corporal punishment, seclusion, and physical and chemical restraints
4) To be treated courteously, fairly, and with the fullest measure of dignity
5) Privacy
6) To receive adequate and appropriate health care
If you believe your rights have been violated, contact our office in Jacksonville. Elder neglect and abuse is something we take very seriously.
Contact Farah and Farah Today
We are driven by an obligation to protect those who can't take care of themselves. Contact Farah and Farah today to speak with a member of our elder abuse legal team in Jacksonville. If you suspect elder abuse or nursing home neglect has occurred, our attorneys can help.