The transition to an assisted living facility is often difficult for the individual and their loved ones. You are entrusting the overall care and well-being to strangers whom you hope are committed. However, as one of society’s more vulnerable populations, abuse and neglect in assisted living facilities are all too common, and our Davie personal injury lawyers are ready to fight for them.
If you have concerns about your care or the care of a loved one, contact the Davie assisted living facility lawyers with Eggnatz | Pascucci to learn more about your options.
Why Choose Us at Eggnatz | Pascucci?
Eggnatz | Pascucci was founded with the explicit purpose of providing exceptional legal representation while prioritizing client relationships. Additionally:
- We offer more than 30 years of combined experience representing individuals and small businesses that insurance companies and assisted living facilities will try to push around
- You can expect direct communication with our legal team, rather than having to go through a case manager
- We have recovered millions of dollars for ‘the little guy’
- Our team is experienced in handling all kinds of personal injury cases, giving us a wide breadth of knowledge and experience when it comes to handling your case
At Eggnatz | Pascucci, we are from the community, for the community. We will work with you to provide the individualized attention that your case deserves.
Types of Assisted Living Abuse and Neglect
Abuse and neglect can take many forms. Understanding what it looks like is the first step in appropriately identifying it and determining whether you have a solid personal injury case. Additionally, if your loved one reports that they are being abused, it should be taken seriously.
Physical Abuse
Physical abuse in an assisted living facility consists of incidents where staff are hitting, kicking, biting, or scratching. However, it can also be the inappropriate use of physical restraints or confinement.
Some red flags of elder abuse in your loved one may include bruises in odd places or under odd circumstances. Unexplained injuries, especially to the face, thighs, or abdomen. Internal bleeding, broken bones, or joint injuries.
Emotional Abuse
Emotional abuse will often come with other forms of abuse and includes instances where the facility or caregiver engages in verbal assaults such as name-calling, threatening, or yelling. Emotional abuse can also refer to social isolation, humiliation, and degradation. In many assisted living and skilled nursing facilities, caregivers might infantilize the residents by refusing to allow them to exercise their autonomy to their full ability, or treating them like children.
Indicators of emotional abuse include an increase in depression or anxiety, the individual may be withdrawn, or they may have a sudden aversion to certain people or places.
Financial Abuse
Financial abuse can be less common in facilities than it may be from an individual caregiver. This may be unauthorized use of credit cards or accessing their bank accounts, or misusing the power of attorney status. However, other examples that may seem like an innocent mistake, or just a matter of poor boundaries, can include instances where facility staff charge a resident for a service that should be covered in their housing fees, or pressure them to give valuable gifts.
Signs that your loved one may be experiencing financial abuse include sudden or unexpected account withdrawals or transactions.
Sexual Abuse
Sexual abuse in a nursing home consists of any kind of nonconsensual sexual contact. When it comes to staff members of an assisted living facility, most governing bodies will agree that the power difference means that residents cannot consent to sexual contact with their caregivers. This means that any sexual contact with a staff member or caregiver in a facility may be considered sexual abuse.
Warning signs of sexual abuse in an assisted living facility include bruises or lacerations on the thighs, breasts, or genitals. Sudden urinary tract problems, avoidance of certain areas or people, or changes in hygiene practices can be additional signs.
Neglect
Neglect is often considered separately from abuse, but it can be just as dangerous to the physical and mental well-being of a person and is characterized as the absence of necessary care. In an assisted living setting, this may look like a facility that fails to provide the appropriate social opportunities or staff who fail to provide adequate movement or medical care.
Negligent care can mean your loved one develops mental health conditions, bed sores, or medical complications that are easily avoided.
What to Do If You Suspect Assisted Living Abuse or Neglect
You have several options for how to handle incidents of nursing home abuse or neglect. If you are concerned about the care of one of your loved ones, you can address them with the facility staff or leadership. If you feel that the concerns were not well received or the facility does not seem motivated to investigate and correct the issue, you may need to escalate the situation.
If you, at any point, suspect assisted living abuse or neglect, you can report it to the Adult Protection Services program with the Florida Department of Children and Families. You can make a report online or by phone, where a caseworker or intake worker will screen your concerns to determine the next steps.
What Types of Compensation Can You Receive?
If you or a loved one has suffered at the hands of an assisted living facility, you may be eligible to recover compensation for losses such as:
- Medical costs
- Pain and suffering
- The cost of the facility
If you have had to take time from work to care for your loved one or manage the situation, you may find yourself eligible to claim compensation for lost wages as well. However, speaking with an attorney is the best way to gain an accurate understanding of your recovery options.
How Long Do I Have To File an Assisted Living Facility Injury Claim in Florida?
According to Florida Statutes, most personal injury cases have 2 years to file a case for compensation. However, this may change if your case is against a government entity or if your claim is based on medical malpractice from a medical provider at the facility. Contact our Davie assisted living facility attorney to fully understand how the statute of limitations affects your case.
Call Our Davie Assisted Living Facilities Lawyers Today
Whether you have discovered that a loved one has been mistreated or you have been in an abusive assisted living facility, you may be entitled to compensation. These facilities are entrusted to ensure the health and safety of their residents, and when they fail to do so, they should face the consequences.
Call us today to schedule a free case consultation and determine your options.