It is devastating to learn that your loved one has been the victim of physical abuse at a nursing home or long-term care facility. Tragically, as attorneys representing patients and their families in claims against nursing homes, we see this situation frequently.
At The Florida Firm Injury and Accident Lawyers, we stop physical abuse in Orlando nursing homes and seek financial damages against the facility. We have an extensive record of aggressive advocacy and excellent results. Most of our cases come as referrals from satisfied former clients and local lawyers who trust us to handle their nursing home abuse claims.
What Are Some Forms of Physical Abuse in Care Facilities?
When most people think of physical abuse, they think of slapping or hitting. These are certainly examples of physical abuse, but direct violence is not the only form of physical harm a nursing home patient can experience.
A frustrated caregiver may treat a patient roughly while grooming or bathing them, resulting in pulled hair, bruising, and other physical signs. Facilities may use physical restraints on an agitated patient or use chemical restraints to calm a disruptive or demanding patient. Failing to protect a resident from violence perpetrated by visitors or other patients is another form of physical abuse.
Patients are often afraid and ashamed when they have been abused and may be reluctant to speak about it. It is critical for families to be observant and proactive in questioning any signs of injury. If you suspect your loved one has been a victim of physical abuse, you should express your concerns to the nursing home administrator in person and in writing immediately and contact our Orlando attorneys for advice.
Steps To Take When You Suspect Nursing Home Abuse
Florida Statutes §400.022 requires nursing homes to provide a safe environment for patients, free from humiliation and abuse. If your loved one shows signs of physical abuse, you must act to protect them.
There are several steps you can take that will improve your loved one’s immediate circumstances and increase safety for other nursing home residents. Our Orlando attorneys could help you report physical abuse in a nursing home to the authorities.
Documentation Is Critical
Your first step must be documenting the situation thoroughly. Write down any incidents of abuse you witness and the signs of abuse you notice in your loved one. These can be unexplained physical injuries, expressions of fear or notably increased anxiety, and reports of harsh treatment.
Note the full name and address of the facility, the date of the alleged abuse if known, and a description of the abusive incident, including the perpetrator, if you know these details. Otherwise, just note what you observed and any statements the victim made about the incident.
Get a Medical Evaluation
Get a medical evaluation of the patient from someone not affiliated with the nursing home. This could mean bringing the patient to their doctor or an emergency room, or asking their primary care physician to examine them in the home.
Let the physician know you suspect nursing home abuse and ask them to do a thorough examination. The medical record produced at this visit can provide valuable evidence supporting a claim against the facility.
Report to the Appropriate Authorities
The Florida Department of Children and Families operates an abuse hotline that responds to reports of physical abuse of vulnerable adults. The line is staffed by social workers who will initiate an investigation and suggest further steps. They may contact the police or advise you to do so.
You should make a report to the Florida Agency for Healthcare Administration. This is the agency that regulates and licenses care facilities. You can file a complaint online.
Holding the Facility Accountable
When physical abuse of vulnerable residents occurs at a nursing home, the facility may be legally liable. If you can prove that the facility was negligent in any aspect of its responsibilities and that your loved one suffered harm as a direct result of the negligence, you can claim financial damages.
You can claim medical expenses, pain and suffering for your loved one, reimbursement of your expenses, and damages for your own emotional distress. Our attorneys at The Florida Firm Injury and Accident Lawyers have had remarkable success obtaining high-value damages for victims of physical abuse in Orlando long-term care facilities.
Stop Physical Abuse in a Nursing Home With Our Orlando Attorneys
You should act immediately if your loved one is showing signs of physical abuse in Orlando nursing homes. Doing so protects your loved one and other vulnerable residents and forces the facility to alter its practices to prevent abuse.
Our attorneys at Colling Gilbert Wright are committed to safety and comfort for our elders in care facilities. Consultations are free, and we work on contingency, so you owe nothing unless we recover money for you. Speak with a member of our nursing home abuse team today.