Fort Myers Nursing Home Abuse Lawyer

Nursing home abuse is a serious problem affecting vulnerable nursing home residents in Fort Myers and throughout Southwest Florida. Victims of elder abuse often suffer in silence, while family members may not realize the full extent of the harm.

An experienced Ft. Myers personal injury lawyer can help families recognize the signs of abuse and fight for justice. 

Whether it’s holding negligent nursing homes accountable for improper care or pursuing compensation for medical bills, an experienced elder abuse attorney can provide essential legal representation to protect the rights of elderly loved ones and seek the justice they deserve.

Why Hire Nursing Home Law Center

At Nursing Home Law Center, we are dedicated to obtaining justice and compensation for those affected by nursing home abuse. Our skilled legal team has a strong history of managing nursing home abuse cases with care and securing substantial settlements and verdicts.

We thoroughly investigate each case to ensure that all forms of abuse, including medical costs, emotional distress, and other losses, are properly accounted for. With extensive knowledge in handling nursing home abuse claims, we work diligently to safeguard your rights.

From start to finish, we offer compassionate and clear communication, ensuring you and your family are well-informed and supported at every stage.

Types of Cases Handled by Our Fort Myers Nursing Home Abuse Lawyers

Nursing home abuse refers to any intentional or negligent act that harms a vulnerable resident in a care facility. It can take many forms and requires immediate legal intervention to protect victims and hold responsible parties accountable. Below are the different types of nursing home abuse cases our Fort Myers nursing home abuse lawyers handle:

Physical Abuse

Physical abuse involves the intentional infliction of harm, such as hitting, pushing, or using force on nursing home residents. Nursing home staff may use physical restraints unnecessarily, leading to restricted movement, emotional distress, and serious injuries.

Mental and Emotional Abuse

Mental and emotional abuse can be harder to detect but is just as damaging. This type of abuse includes verbal harassment, threats, intimidation, or isolation, leading to anxiety, depression, and other mental health issues in vulnerable residents.

Sexual Abuse

Sexual abuse in nursing homes occurs when a resident is subjected to unwanted sexual contact or advances, often by staff or other residents. This violation includes anything from inappropriate touching to sexual assault. Elderly victims may feel ashamed or unable to report these incidents, which is why families must remain vigilant and seek legal help if they suspect abuse.

Medical Malpractice

Medical malpractice in nursing homes includes negligence in providing adequate medical care. Residents may suffer from bed sores, untreated infections, worsening health conditions, or medication mistakes, leading to severe injury or wrongful death.

Negligence

Negligence occurs when nursing home staff fail to meet basic care standards. This neglect can include poor hygiene, malnutrition, dehydration, or elopement, where residents wander off unsupervised.

Financial Abuse

Financial abuse involves the exploitation of elderly nursing home residents for personal monetary gain. This exploitation may include unauthorized use of a resident’s funds, forging signatures, or coercing the resident into making financial decisions that benefit others. 

Older adults, especially those with cognitive impairments, are particularly vulnerable to this form of abuse.

Wrongful Death

In extreme cases, nursing home abuse can result in wrongful death. Whether through medical malpractice, severe neglect, or intentional harm, families who lose a loved one due to nursing home abuse have the right to pursue justice. 

A Fort Myers nursing home abuse lawyer can help families recover compensation for funeral costs, emotional trauma, and other damages associated with the loss of a loved one.

Understanding Your Legal Rights

Nursing home residents are protected under federal and state laws to ensure their safety, dignity, and well-being.

The Nursing Home Reform Act of 1987 is a key federal law that outlines the rights of nursing home residents, including the right to receive proper medical care, be free from abuse and neglect, and maintain their privacy and dignity.

In Florida, state laws complement these federal protections by holding nursing homes accountable for the safety and well-being of residents. Facilities must comply with state regulations governing proper care, staffing, and living conditions.

Eligibility to File a Claim 

Anyone directly impacted by the abuse can file a claim. This includes the nursing home resident who suffered the abuse, or in cases where the resident is unable to do so, a legal guardian or family member may file on their behalf.

In the tragic event of a wrongful death, surviving family members have the right to pursue a wrongful death claim to recover damages and hold the responsible party accountable.

Liability in Nursing Home Neglect and Abuse Cases 

In cases of nursing home abuse or neglect, multiple parties may be held liable for the harm caused to vulnerable nursing home residents.

Caregivers, nurses, or other employees who commit acts of physical abuse, sexual abuse, or neglect are directly responsible for the harm inflicted on residents. These staff members can face both civil and criminal charges under Florida law.

Management or ownership may be held liable if they fail to properly train staff, ignore complaints, or maintain unsafe conditions within the facility. Neglecting to provide adequate staffing or supervision also places them at fault for nursing home neglect.

Nursing homes often outsource services like medical care or facility maintenance. If a contractor provides substandard service, they can be held liable. For example, a contracted medical provider could be responsible for medication errors or a maintenance company for poor hygiene conditions.

If faulty medical equipment, such as defective bed rails or improper use of restraints, contributes to injuries, the manufacturer or supplier may be held responsible for physical harm to the resident.

How Our Fort Myers Nursing Home Abuse Attorneys Can Help

At Nursing Home Law Center, our experienced Fort Myers nursing home abuse lawyers are dedicated to fighting for the rights of victims and their families. With extensive experience handling a wide range of nursing home neglect cases, we have the knowledge and resources to pursue justice for those harmed by neglect or abuse. 

Our legal team is committed to securing maximum compensation for victims, whether through settlement or trial. Here’s how we can help:

• Free Case Evaluation: We offer a free consultation to discuss the details of your case, answer any questions, and provide guidance on the next steps. This assessment helps families understand their legal options without any financial risk.
• Case Investigation: Our legal team conducts a thorough investigation into the abuse or neglect, gathering evidence such as medical records, witness statements, and facility reports to build a strong case.
• Filing the Claim: Once the investigation is complete, we will file a legal claim on behalf of the victim or their family. This process includes preparing all necessary documentation and ensuring the claim is filed within the appropriate statute of limitations under Florida law.
• Settlement Negotiation: Many nursing home neglect cases are resolved through settlement. Our personal injury attorneys will negotiate aggressively with the nursing home or their insurance provider to secure a fair and just settlement that covers medical bills, pain and suffering, and other damages.
• Trial Representation: We are fully prepared to take your case to trial if a settlement cannot be reached. Our experienced lawyers will present your case in court to ensure that all responsible parties are held accountable and that you receive the maximum compensation possible for your loved one’s suffering.

Common Signs of Elder Abuse Among Nursing Home Residents 

In Fort Myers, there are 23 Medicare-certified assisted living facilities, with 11 facilities (48%) rated as below or much below average overall. Specifically, 13 homes (57%) fall short in health inspections, and six (26%) have inadequate staffing levels. Only one care facility (4%) is rated poorly in quality measures. [1]

Some of the worst-rated nursing homes in Ft. Myers include:

Recognizing the psychological and physical signs of nursing home abuse is crucial for protecting your elderly loved one. Here are some common indicators that a resident may be suffering from abuse:

• Unexplained injuries such as bruises, cuts, broken bones
• Bed sores
• Frequent hospital visits or worsening health conditions
• Sudden changes in behavior
• Fear around certain staff members
• Poor hygiene
• Malnutrition and dehydration
• Financial irregularities
• Fear or reluctance to speak

What to Do If You Suspect Nursing Home Abuse

If you suspect that your loved one is a victim of nursing home abuse, it’s important to act quickly to ensure their safety. Here are the steps you should take:

• Call 911 if Immediate Danger: If your loved one is in immediate physical danger, call 911 or your local emergency services to get them out of harm’s way and ensure they receive medical attention.
• Report to the Nursing Home Administrator or Management: Notify the facility’s administrator or management about your concerns. They are legally required to investigate and address any reports of abuse or neglect.
• File a Complaint with Your Local Ombudsman’s Office: The Ombudsman is an advocate for nursing home residents and investigates complaints related to abuse, neglect, or poor care. They work independently from the nursing home and can intervene on behalf of residents and their families to resolve issues.
• Contact a Nursing Home Abuse Lawyer: A Ft. Myers personal injury lawyer can help you understand your legal options, investigate the abuse, and file a claim to hold the responsible parties accountable. Legal representation is essential to ensure your loved one receives justice and maximum compensation for their suffering.

Damages You Can Recover Through a Nursing Home Abuse Claim

Victims of nursing home abuse and their families can recover various damages through a legal claim.

Economic damages include medical bills, rehabilitation costs, and expenses related to relocating the victim to a safer facility.

Noneconomic damages compensate for pain and suffering, emotional distress, and the loss of quality of life due to the abuse.

In cases of extreme negligence or intentional harm, punitive damages may be awarded to punish the responsible parties and deter future misconduct.

The Cost of Hiring a Fort Myers Nursing Home Abuse Lawyer

At Nursing Home Law Center, we understand the financial burden that nursing home abuse can place on families. That’s why we work on a contingency fee basis, meaning you pay no upfront fees or out-of-pocket costs. 

Our payment is only collected if we successfully recover compensation for you. This service allows families to focus on seeking justice for their loved ones without worrying about the cost of legal representation.

You Have Limited Time to Take Legal Action in Fort Myers, Florida 

Florida state law has a strict time limit, known as the statute of limitations, for filing a nursing home abuse claim. Typically, victims or their families have up to two years from the date the abuse was discovered to file a lawsuit. 

Failing to file within this timeframe can result in losing the right to pursue compensation. It’s crucial to act quickly to ensure your case is heard. A Ft. Myers personal injury lawyer can help you understand your legal deadlines and ensure your claim is filed on time.

Contact a Fort Myers Nursing Home Abuse Attorney Today!

At Nursing Home Law Center, our experienced team of Florida nursing home abuse lawyers is dedicated to fighting for the rights of abused and neglected nursing home residents. With a proven track record of handling nursing home neglect cases and securing compensation for victims, we are committed to holding negligent facilities accountable.

Call us at (800) 926-7565 or fill out our contact form.

References: [1] Medicare