North Port Nursing Home Abuse Lawyer
We will get you through this.
If nursing home abuse or neglect has harmed you or a loved one, let the experienced elder neglect and nursing home abuse attorneys at Boohoff Law serve as your champion.
Our knowledgeable elder abuse and neglect attorneys will dedicate all their skills and experience to your fight. Let us fight by your side to hold the perpetrators of abuse accountable and obtain the right outcome for you. We have obtained millions of dollars in compensation for our clients, helping them to achieve a sense of justice while providing them with the funds needed to pay for the medical treatments necessitated by their mistreatment.
Until you call us for help, here is some of what we know about nursing home cases and a lot about what our North port personal injury lawyers can do for you.
Available 24/7
Our specialists are here to listen and help for free, no strings attached.
877-999-9999
for a free consultation
Florida’s Nursing Home Population
Roughly 5 million elders suffer abuse each year, especially in nursing homes. Over one-third of nursing home staff admitted to witnessing at least one abuse incident during the previous year, while one in ten of them committed an act of physical abuse.
Those who quantify such things rank Florida as third among the 50 states for nursing home quality. Unfortunately, even third place only scores a 3.75 out of 5. Florida ranks sixth among the states for numbers of residents in certified nursing facilities, with a total of 71,162.
Among the larger and more well-known of these facilities are Pines of Sarasota, Benderson Skilled Nursing, Sarasota Memorial Nursing, and Rehabilitation. Sarasota County currently has 32 nursing homes with an average cost below the national median cost. No matter how big or how well known your loved one’s facility might be, the skilled nursing home abuse attorneys at Boohoff will stand with you to resolve your elder loved one’s problem.
Florida law generally discusses vulnerable adults rather than seniors or elders. The term means a person 18 years or older who cannot perform the normal activities of daily living or provide for their own care or protection due to a mental, emotional, long-term physical, developmental disability, or aging.
The Seven Types of Elder Abuse & Neglect
Elder abuse is an increasing problem in America. The scope is hard to pin down because of under-reporting and inconsistent definitions. In addition, there is currently no nationwide reporting system. As part of an effort to address this problem, the National Center on Elder Abuse defines seven types of elder abuse.
They are:
- Physical abuse – including the use of physical force that can result in injury, pain, or impairments
- Sexual abuse – consisting of any non-consensual sexual contact
- Emotional abuse – causing distress through verbal or non-verbal acts
- Financial exploitation – illegally or improperly using the funds or assets of an elderly person
- Neglect – consisting of failure to fulfill any obligations or duties to an elderly person
- Abandonment – consisting of deserting an older person of whom the abuser has physical custody or who has assumed responsibility for that elder’s care
- Self-neglect – occurs when an older person’s behavior threatens their life or health
The primary difference between abuse and neglect is intent. Abuse is usually intentional, a deliberate act to harm the older person. On the other hand, neglect fails to act or intentionally disregards the older person’s needs.
Finally, self-neglect is the most controversial form of elder abuse. If the older person is competent and chooses not to act on their own behalf, it is not clear that anyone can override that decision.
Florida law defines elder abuse as any willful or threatened act or omission that causes or is likely to impair the vulnerable adult’s physical, emotional, or mental health. It includes financial exploitation of the older person and threats to withhold treatment, medication, food, or other care.
Florida law also provides obligations and remedies for suspected abuse or neglect.
For example, health care professionals, spiritual healers, nursing home staff, criminal justice personnel, and financial services professionals must report suspected elder abuse or neglect for Florida’s central abuse hotline.
Moreover, vulnerable adults who believe they were the victim of abuse, neglect, or exploitation may file a civil suit against any perpetrator of the abuse and recover compensation.
North Port Nursing Home Abuse FAQs
-
What is the most common form of abuse in a nursing home?
Approximately one-third of nursing home staff members have admitted to emotional abuse of nursing home residents.
Emotional abuse can include:
- Controlling the resident’s activities against their will
- Threatening the resident
- Isolating the resident from family, friends, and other residents
- Insulting or denigrating the resident’s appearance, abilities, or intelligence
Look for signs of these practices whenever you visit your loved ones.
-
What is the average monthly cost of nursing home care in Florida?
According to a cost of care survey, the average monthly cost of a semi-private room in a Florida nursing home is $8,669. Compared to its neighboring states and the U.S. in general, Florida is among the most expensive options for nursing home care.
-
What are examples of financial abuse of the elderly?
The most common forms of financial abuse of the elderly include:
- Theft – usually by a trusted individual or an unknown or online thief using checks, account information, credit cards to access the vulnerable adult’s financial assets. This act frequently takes the form of identity theft and wipes out an elder’s entire estate, including real estate, which they sell from under the elder.
- Fraud – fraudsters use various scams against the elderly. Grandparent scams play on the natural love of a grandparent. The fraudster poses as a grandchild needing immediate financial assistance such as paying bail. The lottery scam promises to pay the elder but needs bank account information. Telemarketing scams get money for bogus charities, non-existent stocks, or unknown churches. Internet scams ask the vulnerable adult to participate in a business opportunity or to help get Nigerian money into the United States, with some upfront funding by the older person. Service frauds pay for poor or incomplete work. All of these can result in significant financial losses to the older individual.
- Misuse of Authority or Breach of Fiduciary – occurs when a formally trusted party like an investment advisor misuses the authority the vulnerable adult gives them. It usually occurs in financial accounts.
- Legal Document Abuse – occurs when someone tricks a vulnerable adult into signing documents, such as a power of attorney or sales agreement, which the fraudster then uses to steal the older individual’s assets
- Extortion – happens when an older individual is intimidated into giving assets or property to the threatening individual
These may form the basis for criminal and civil causes of action.
-
Does someone visiting a nursing home resident have any rights if they suffer injuries there?
Yes. Any cause of action that arises anywhere else will be available in the nursing home. Thus, the individual might fall and sue for premises liability for the injuries sustained on the premises. If a staff member attacked the visitor, it might be possible to sue the nursing home for negligent hiring.
Recovery is personal.
© 2024 Boohoff Law, P.A. — Auto Accident Lawyers.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
