As our loved ones grow older, it’s natural to want to ensure the best care possible for them. Aging can come with expanded care needs, which sometimes means finding a nursing home facility where that care can be constant and attentive. But unfortunately, some nursing home experiences can result in the negligence or abuse of our senior family members.
There has been a measurable increase in elder negligence during the COVID-19 pandemic. With these risks, the choice to place a loved one in a care facility can be even more stressful. Choosing to place a loved one into the care of a facility should be a decision that helps relieve stress, not create more of it.
If you suspect that your loved one is a victim of nursing home negligence, there’s no time to waste. Call Osborne & Francis today at (561) 293-2600 or contact us online at our Orlando office so that we can help your loved one get the care and dignity they deserve.
So you've been in a car accident. What happens next? There are many things that you should do but here are the three most important:
Number One: See a doctor immediately.
A broken bone is easy to see, but some injuries are not. The most common injuries from car accidents happen in the neck, back, or head. The only way to diagnose and treat them is by seeing a doctor. A doctor can help ease the pain, provide medication, reassure you of how your injury may impact your daily life, and tell you what not to do to make it worse.
A visit to the doctor can also give you legally protected time off to recover and rest your body after an accident, and it documents and provides the evidence you may need for your case. Even a five-mile-per-hour car accident can cause a serious injury. So whether you've had a severe accident or a minor collision, see a doctor. And if you don't have medical insurance, let us know and we'll make sure that you receive the proper care.
Number Two: Write everything down.
Even if it seems small, during times of stress or injury it is common to forget the little details. Make sure you keep note of the pain that you're in. With neck, back, and head injuries, sometimes simple activities such as walking up the stairs or picking up a toddler may cause severe pain.
You may not be sleeping well at night. Documenting how much you sleep and how often you wake up due to pain is also very important. And lastly, if you have any cuts or bruises, take daily photos as you heal. This will provide visual evidence of the injuries that you've suffered.
Number Three: Do not speak to an insurance company until you've spoken to a lawyer.
Please understand that the insurance adjuster works for a billion-dollar corporation and not for you. Their interests are solely for their insurance company, and their goal is to provide you with the least amount of financial settlement as quickly as possible. When you do speak with them, remember they will record the conversation. Why do they do this? Because they've been trained to ask questions that may confuse you. So talk to us before you talk to them.
So remember: See a doctor, document everything, and call us before calling the insurance company for your free private consultation. We are here for you. Real tough lawyers fighting real tough issues.
Nursing home negligence and abuse are, unfortunately, prevalent trends. According to the World Health Organization, nursing home abuse is defined as an act or acts that either actively harms or neglects the duty of care a nursing home accepts when taking in a resident. Part of the trouble with nursing home negligence is that it often occurs in secret, behind closed doors, and therefore goes unchecked.
Abuse covers an extensive scope of possible forms of mistreatment. Whatever form it comes in, though, all abuse and negligence is unethical. There are five common types of elder abuse that often occur in nursing home settings. These types of abuse are:
With such a wide scope of possible forms, it can be challenging to recognize when your loved one is being abused or neglected. For each discrete type of abuse, there are multiple possible warning signs. If you suspect that your loved one is being abused, you should be on the lookout for any of the following:
When talking to a loved one about possible negligence or abuse, remember to approach the conversation with the knowledge that they are a victim of their situation. They may be afraid to talk about their experience at first, fearing repercussions for their safety. Make a few considerations to make them feel comfortable, such as providing a private place to talk.
Making your loved one feel safe to speak openly is essential to assessing whether or not legal action is needed.
If speaking with your loved one is difficult for any reason, you can always use the Elder Abuse Suspicion Index to gather information.
In Florida, lawsuits against nursing homes can be filed by a few different parties. The victim themself can file a lawsuit if they are of sound mind and ability to do so. If they cannot, a legal guardian can file a lawsuit on their behalf. It is not uncommon for a nursing home resident to lack the ability to file a lawsuit, so a guardian’s action is fairly typical.
Someone acting on the victim’s behalf can also file a lawsuit. This typically requires explicit permission from the victim, except in the case of death. In the tragic event that a loved one has passed away due to abusive behavior in a nursing home, an estate representative can file on the victim’s behalf.
A nursing home negligence lawsuit may result in the recovery of damages related to the abuse. These can take several forms, but the most common include the following:
Other damages specific to the case may be awarded based on the situation, but those listed here are most likely to be found in cases of negligence or abuse.
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Osborne & Francis is a team of dedicated and experienced lawyers who want to ensure justice is served on your loved one’s behalf.
With hundreds of successful elder negligence and abuse cases under our belts, we know how to investigate a case on your behalf and ensure that victims are given the compensation they deserve.
If you suspect that your loved one is a victim of nursing home negligence, it’s critical not to waste time. If your loved one is in an abusive situation, there is an ongoing danger to their well-being. Don’t wait. Contact Osborne & Francis today either online at our Orlando office or call us at (561) 293-2600 today to schedule a free case evaluation so your loved one can get the peace and the compensation they are owed.
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