Retirement homes are supposed to be a safe and enjoyable space to be as you live the best years of your life. Unfortunately, caregivers don’t always respect elders’ rights, which can lead to many forms of abuse. This abuse can result in severe injuries mentally, physically, and even financially.
If you or someone you loved was abused in a nursing home in Cape Coral, our lawyers are here for you. Our Cape Coral nursing home abuse attorneys know what to look for in these cases as we fight for justice and monetary compensation.
Elder abuse in nursing homes should have no place, and our dedication to your case at Viles & Beckman is just one of the many steps we are taking to end the abuse.
What Rights do Nursing Home Residents Have?
When people go to a nursing home, they lose some independence, but they are still entitled to many rights. If caregivers do not respect or they try to take these rights away, you can hold them accountable as negligent parties.
In Florida, senior citizens who enter assisted living facilities have the following rights:
- To be treated with respect and dignity
- To not be physically, mentally, sexually, or financially abused
- Have access to quality services to stay healthy, physically and mentally
- Have private conversations, including mail and phone calls
- Be able to file complaints without fear of consequences
If any of these rights are violated, you or a loved one can contact one of our nursing home abuse attorneys to start fighting for justice and compensation. Nursing homes should be a safe and relaxing place for senior citizens,they should never have to worry about any form of abuse.
Types of Abuse in Nursing Homes
There are various types of abuse that can occur in nursing homes. For some types of abuse, it may be obvious that you have a case. While for others, it can be hard to tell if the abuse you suffered warrants a case. Keep in mind there may be other forms of abuse that may qualify for a case, but the most common types of elder abuse that happen in nursing homes include:
- Neglect: When people enter nursing homes, the staff has an agreement and duty to take care of them. When employees break their agreement and refuse to meet the needs and provide medical care, this is defined as neglect.
- Lack of medical care: Medical care is one of the most important aspects of assisted living facilities. Lack of medical care can include: not having a plan to cater to a person’s medical needs, failure to change sheets, administering the correct medications at the right time, and calling emergency services if needed.
- Physical abuse: Physical abuse includes any type of assault that results in harm to a resident’s body. This includes hitting, slapping, tripping, and pushing a resident in the nursing home.
- Mental abuse: Mental abuse, also referred to as emotional abuse, can occur in any retirement home. Some examples are: caregivers refusing to give medications, allowing residents to see family, threatening to harm residents, or making degrading comments.
- Sexual abuse: When employees perform sexual acts on residents or force a resident in the nursing home to do so, it’s defined as sexual abuse. Sexual abuse can also be the act of forcing a senior citizen to watch a sexual act.
- Financial abuse: Senior citizens are one of the most common groups that people take advantage of financially. It’s no different in retirement homes. Examples of financial abuse can include: withholding retirement or Social Security benefits, stealing personal property, credit and debit cards, and cash.
If any of the abuse above sounds like your case, you may have a valid nursing home abuse case. Nursing home abuse attorneys in Cape Coral can help you gather evidence such as interviews, photos of injuries, and retirement benefit paperwork.
How Much Time do I Have to File a Nursing Home Abuse Claim?
In the state of Florida, you have two years to file a claim against the negligent party at the nursing home under Fla. Statute § 400.0236. The two years begin the day that you or a loved one were injured. It’s best to file as soon as possible so that you can increase your chances of a higher settlement to compensate for your pain.
If you wait more than two years after the injuries, your chances of being able to obtain compensation are little to none. Filing early also ensures that the evidence is fresh and as accurate as it can be.
While there is a two-year deadline, the time you have to file may vary depending on the details of your case. The only way that you will know the exact timeline you have is by meeting with an attorney.
The Damages You Can Recover in a Cape Coral Nursing Home Abuse Case
When you or a loved one suffer from abuse at a nursing home, it can be traumatic. While compensation for your pain may not heal everything, it can help you pay for essential costs, so you don’t have to worry about your financial situation as you recover. Depending on the details of your case, you may be able to receive damages such as:
- Medical expenses: After suffering abuse in an assisted living facility in Cape Coral, you are likely to have medical costs that you may not be able to cover. This can include things like: prescriptions, surgeries, and medical equipment like wheelchairs.
- Physical and psychological therapy: If the abuse is severe, you may have bodily and mental wounds that require therapy to mend. Therapy can be a lifetime commitment that can end up being expensive.
- New living accommodations: You may be extra cautious choosing a place to ensure the abuse they suffered doesn’t happen again. But searching for a new nursing home in Florida can be expensive. Monthly room costs, finding a friendly staff, and application fees can put a strain on your wallet.
- Pain and suffering: The emotional abuse or emotions that you or your loved one went through is worthy of compensation. The combination of fear, sadness, anger, frustration, and disappointment can be exhausting to deal with.
- Punitive damages: Judges award these damages when the negligent party was excessively negligent or deliberately harmed someone. These damages are to punish the person who abused you or your loved one and to discourage them from repeating their actions.
It’s important to remember that nursing homes often will try to deny their actions or offer you a quick and low settlement to quietly end the case. But we won’t allow you to be denied the money you deserve.
Our passionate nursing home abuse attorneys in Cape Coral are dedicated to helping you get the settlement you deserve. If you are considering filing a claim but aren’t sure if you have a case, we can review your case for free in a free case review.
Contact a Nursing Home Abuse Lawyer in Cape Coral, FL
Nursing homes are a place to relax after working hard all your life. When abuse occurs in retirement homes, we don’t ignore it—we seek compensation for the actions of those who abused you.
If a nursing home’s staff abused you or someone you love, call us contact our Cape Coral nursing home abuse lawyers to start your free case review today. At Viles & Beckman, we’ll review the details of your case and work with you to hold the people responsible for their actions.