Jacksonville Nursing Home Neglect Attorneys
Nursing Home Abuse FAQs
While elderly abuse is a mystery, the more you know the more you may be able to intervene.
Q: What is Elder Abuse?
A: Elder abuse is the mistreatment of an elderly person whether intentional or negligence. Any caregiver who harms a vulnerable adult is violating the law. The law recognizes physical, emotional and sexual abuse; exploitation, neglect and abandonment as causes for action. Anyone of any social standing or ethnic group can be the victim of elder abuse.
Q: What should caregivers look for?
A: Caregivers must be vigilant because in some cases the elder cannot advocate for themselves. Look for signs such as bruises and broken bones, pressure marks, unexplained and sudden withdrawal from social activities, acting out with anger or displaying signs of depression. Sexual abuse might be more difficult to see such as bruises around the genitals, breasts, or thighs. Bedsores or any other medical conditions that go unattended could be signs of abuse.
Q: Can self-neglect be considered abuse?
A: Yes. Troubling behaviors can indicate the elder is neglecting their own care which can lead to injury or death. Look for signs such as hoarding, a failure to take medications, leaving a stove burning, living in unsanitary conditions, failure to keep oneself clean and feed oneself. The elder may be suffering from dementia or have a drug and alcohol problem.
Q: Who abuses older people?
A: Some people prey on the vulnerable because they can get away with it. Abusers can be men and women, family members, even adult children. Maybe the child wants to get back at their parent, or they are in a feud with other family members and want to control the assets of the elder. Maybe they are stressed from their caretaking job. Neglect may not be considered by family members to be a form of adult abuse, but it is.
Q: What rights do the elderly have against being abused?
Florida Statute 400, the Nursing Home Residents' Bill of Rights establishes basic dignity and treatment of the elderly to include:
- Reasonable access to health and legal services
- To be transferred or discharged only for medical reasons
- To be free from mental and physical abuse, corporal punishment, seclusion, and physical and chemical restraints
- To be treated courteously, fairly, and with the fullest measure of dignity
- Privacy
- To receive adequate and appropriate health care
Q: What is the procedure and what is my abuse and neglect case worth?
A: First the defendant, the nursing home, will be served with a pre-suit notice. They can make an offer to settle out of court. If not, both sides will go to mediation. Generally, these cases can be resolved in one to two years. Although we can never guarantee an outcome, an award can be upwards of $100,000.
Q: What is subrogation?
A: When Medicare and Medicaid or your insurance company covers your medical bills that resulted from abuse, they often want to be paid back. Medicare is a federal program and under federal law you must reimburse Medicare for at least some of what it paid out. We try to make these payouts as small as possible.
If you think a loved one is being abused or neglected call the Florida Department of Children and Families Abuse Hotline at 1-800-962-2873 or the police if the situation merits immediate intervention.
When nursing home profits are more important than compassion toward our elderly, the Florida nursing home abuse attorneys at Farah & Farah will launch an investigation to determine who should be held accountable. When corners are cut people suffer. We are here to help.
Our personal promise: Accident victims have specific rights, but by law you have a limited time to take action. When you use our team at Farah & Farah, there are NO up-front charges.
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Our fee is a percentage of the money awarded payable only when your case is successfully concluded. No matter how many times you call and how long we talk, there is NO CHARGE or cost until your case settles. Do not sign any releases, agreements or give any statements until you have spoken with us about your legal rights. When it comes to getting you more, we won't settle for less!
We personally promise that you will be treated with the respect and dignity you deserve. We promise to keep you up to date and informed as to developments in your case. Your case is important to us, regardless of size.
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