Do You Need a Nursing Home Neglect Lawyer?

February 28, 2024

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When it comes to protecting the well-being of our older loved ones, understanding the details of neglect and the role and importance of nursing home neglect lawyers is crucial. As experienced advocates in the Orlando area, nursing home neglect attorneys play a vital role in addressing and rectifying instances of neglect and abuse in care facilities.

As the people close to us get older, we care for them. When we entrust the safety of our loved ones to caregivers in a facility, it’s devastating to have that trust violated. In such instances, pursuing justice becomes imperative. If you suspect that you need an Orlando nursing home neglect lawyer, Colling Gilbert Wright would be honored to evaluate your case.

Call (407) 712-7300 today to schedule a FREE consultation with one of our distinguished nursing home neglect attorneys. We are proud to serve our neighbors in Orlando and throughout Florida.

What Is Nursing Home Neglect?

Nursing home neglect is a form of elder abuse that occurs when a residential care facility fails to provide the necessary care and attention to its residents. This neglect can manifest in various ways, ranging from inadequate medical care to ignoring basic hygiene needs. It’s a breach of the duty of care that facilities owe their residents and can have severe, even life-threatening, consequences.

What Is Active Neglect?

Active neglect in a nursing home is an intentional act. It involves caregivers willfully denying residents necessary care or basic necessities such as food, water, or medical treatment. This form of neglect is particularly distressing as it reflects a deliberate choice to harm the resident.

What Is Passive Neglect?

Passive neglect, on the other hand, is often a result of understaffing or lack of training in nursing homes. It occurs when caregivers inadvertently fail to fulfill a resident’s basic needs. This might be failing to provide adequate nutrition, hygiene, or medical care, not out of malice but due to oversight or inability.

What Is the Most Common Mistreatment in Nursing Homes?

The most prevalent form of mistreatment in nursing homes is neglect. Neglect refers to the failure of the caregiving staff to meet the basic needs or ensure the safety of residents. This can manifest in various ways but often includes:

Basic Needs Neglect

This involves failing to provide adequate food, water, or a clean and safe living environment. Residents may show signs of malnutrition, dehydration, or live in unsanitary conditions.

Medical Neglect

This occurs when the nursing home staff fails to provide necessary medical care. This can lead to worsening of existing health conditions, undiagnosed ailments, or improper management of medications.

Personal Hygiene Neglect

Residents may not receive adequate assistance with bathing, grooming, laundry, and dental care, leading to poor hygiene and related health problems.

Emotional & Social Neglect

This involves ignoring the residents, leaving them alone for extended periods, or not providing social interactions and activities, leading to isolation and emotional distress.

Neglect of Basic Safety

Failing to ensure the physical safety of residents can result in falls, injuries, or wandering off the premises.

Other types of neglect and abuse in nursing homes include financial exploitation, where residents’ financial resources are misused or stolen, and physical abuse, which involves any physical harm inflicted on residents. It’s also crucial to recognize signs of sexual abuse, a deeply disturbing but unfortunately present issue in some care facilities.

Each of these mistreatments can have serious, lasting impacts on the physical and emotional well-being of nursing home residents. It’s vital for family members to be vigilant and for legal intervention to be sought if any signs of neglect or abuse are observed.

What Are the Signs of Abuse in a Nursing Home?

Identifying signs of abuse in nursing homes is essential for protecting vulnerable residents. Being an advocate for your loved one means staying vigilant and recognizing potential indicators of mistreatment. Here’s a checklist of signs to look out for:

Physical Signs

Unexplained bruises, cuts, burns, or fractures
Frequent infections
Sudden weight loss
Bedsores or pressure ulcers

Changes in Behavior

Withdrawal from social activities
Unexplained fear or anxiety
Reluctance to speak in staff presence
Sudden changes in mood or behavior

Poor Hygiene & Living Conditions

Unkempt appearance
Dirty clothes
Bad personal hygiene
Unsafe or unclean living environment

Psychological Distress

Signs of depression, isolation, or withdrawal
Unusual behavior like rocking, biting, or fearfulness

Neglect Indicators

Dehydration
Malnutrition
Untreated medical conditions
Lack of proper medication management

Financial Anomalies

Unexplained bank account changes
Missing personal items
Sudden changes in financial documents

Awareness of these signs is a critical step in safeguarding the well-being of nursing home residents. If you notice any of these indicators, it’s important to take action. Document your observations, speak with your loved one and the staff, and consider reaching out to an Orlando nursing home neglect lawyer for guidance.

Remember, your vigilance can make a significant difference in ensuring the safety and dignity of your loved one.

What Is an Example of Neglect in a Nursing Home?

Imagine an older person who is a resident in a nursing home with mobility issues. She requires assistance for daily activities but often finds herself left alone for extended periods. This neglect leads to repeated falls, resulting in serious injuries.

Signs of poor hygiene become evident through unkempt appearance and unchanged clothing. Additionally, her medications are frequently missed, adversely affecting her health. Family members notice her increasing withdrawal and unexplained bruises during visits.

This scenario is a stark example of nursing home neglect. In this case, the resident suffers from both physical neglect and a lack of proper medical and emotional attention.

How To Report a Nursing Home in Florida

If you suspect nursing home neglect, it’s important to report it immediately. In Florida, concerns about nursing home neglect can be reported to the Florida Agency for Healthcare Administration.

It is vital to act quickly to help your loved one and anyone else under the care of the neglectful home. Additionally, swift action is essential because there is a 2-year statute of limitations on filing a nursing home lawsuit (Florida Statutes § 95.11(4)).

How Can A Nursing Home Neglect Lawyer Help?

Seeking justice for a loved one who has suffered from nursing home neglect can be an overwhelming and emotionally taxing process. A nursing home neglect attorney plays a crucial role in navigating these complex cases. Here’s how they can assist:

Experienced Legal Guidance

These lawyers have a deep understanding of the laws and regulations governing nursing homes. They can identify legal violations and build a strong case based on evidence and expert testimonies.

Investigative Resources

Attorneys have access to resources necessary for thorough investigations. They can gather medical records, surveillance footage, and witness statements to uncover the truth behind the neglect.

Negotiating with Insurance Companies

Lawyers experienced in nursing home neglect are adept at negotiating with insurance companies, ensuring victims and their families receive the fair compensation they deserve for the harm caused.

Support

Beyond legal assistance, these lawyers often provide support to families during this trying time. They understand the toll these cases can take and offer compassionate guidance throughout the process.

Skilled Litigation

If a settlement cannot be reached, a skilled lawyer can take the case to court, advocating passionately on behalf of the victim and their family.

Pursuing Accountability

By holding negligent parties accountable, lawyers help prevent future instances of neglect, contributing to higher standards of care in nursing homes.

Maximizing Compensation

They can accurately assess the full extent of damages—including medical costs, pain and suffering, and other losses—to ensure the compensation covers all aspects of the victim’s suffering and needs.

Peace of Mind

Knowing a knowledgeable advocate is on your side can provide peace of mind during a difficult period. This allows families to focus on the well-being of their loved ones while the attorney handles the legal complexities.

A nursing home neglect attorney is not just a legal representative but also an ally in seeking justice, offering both professional and emotional support to families during challenging times.

Contact Colling Gilbert Wright Today!

If you suspect that your loved one is a victim of nursing home neglect in Orlando, contacting Colling Gilbert Wright for guidance is a critical step. Our commitment to justice and extensive experience in elder abuse cases make us well-equipped to provide the support and legal guidance needed to address such sensitive situations.

Contact our Orlando nursing home neglect lawyers today for a FREE consultation. We will walk by your side the entire way to the justice you deserve.