Miami Nursing Home Abuse Lawyers
Strong when nursing homes and staff fail to protect Florida seniors
Unfortunately, all too often, there are cases of nursing home abuse and negligence across the country. At Hickey Law Firm, we understand how traumatic it is for seniors, who have little time left, to be abused or neglected by nursing homes.
Our Miami nursing home lawyers understand the unique challenges involved with filing claims on behalf of the elderly. John H. (Jack) Hickey is double board certified by The Florida Bar in Civil Trial and Admiralty and Maritime Law, distinctions held by few attorneys in Florida. He is also board certified in Civil Trial by the National Board of Trial Advocacy (NBTA). His experience in helping personal injury clients here and across the country is recognized by multiple objective ratings services and legal organizations. If your loved one was harmed in a nursing home in Miami or anywhere in Florida, or if you live in Florida but your loved one lives elsewhere, contact us today.
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Frequently Asked Questions
- What are the main types of nursing home abuse and neglect in Miami?
- What conditions indicate nursing home abuse and neglect in Miami?
- Why does nursing home abuse and neglect happen in Miami?
- What laws regulate Miami nursing homes?
- How much is my nursing home abuse claim worth?
- Who can be held liable for nursing home abuse or neglect in Florida?
- What if my loved one lives in another state?
- Do you have a nursing home abuse and neglect lawyer near me?
What are the main types of nursing home abuse and neglect in Miami?
According to the National Council on Aging (NCOA), “nearly one in 10 Americans aged 60+ have experienced some form of elder abuse. Some estimates range as high as five million elders who are abused each year. One study estimated that only one in 24 cases of abuse are reported to authorities.”
Nursing home abuse and neglect includes:
- Physical abuse. Inflicting any type of physical pain or contact, which can lead to bruising, lacerations, burns, scarring, disfigurement, or other physical symptoms.
- Sexual abuse. “Touching, fondling, intercourse, or any other sexual activity with an older adult, when the older adult is unable to understand, unwilling to consent, threatened, or physically forced.”
- Emotional abuse. Examples include isolation, threats of physical abuse, verbal attacks, intimidation, and harassment.
- Financial abuse. Nursing home staff often try to take financial advantage of seniors. Examples include stealing from seniors, using credit cards without the consent of the senior, forcing seniors to sign powers of attorney, creating conservatorships or guardianships in favor of non-relatives, and improper bank withdrawals.
- This type of abuse includes the failure of the nursing home to provide the senior resident with shelter, food, clothing, and medical care. Neglect also includes the failure to prevent falls and other types of accidents.
- Willful neglect. Intentionally denying the senior his/her medications, food, assistive devices – and intentionally exposing the resident to physical, emotional, sexual, and financial abuse.
When you place a loved one in a nursing home or assisted care facility, you’re trusting that his/her health and well-being will be the facility’s top priority. While there are many hardworking and dedicated employees who do everything they can to ensure your loved one is taken care of, there are those who abuse or neglect, causing emotional and physical pain and suffering for your family member.
Whether intentional or not, neglect and abuse are grounds for a personal injury case and our experienced attorneys will fight on your behalf to pursue justice and the compensation your loved one deserves.
What conditions indicate nursing home abuse and neglect in Miami?
Residents of nursing homes rely on family and friends to speak for them since many residents are unable or afraid to speak for themselves. Caring relatives and friends should look for the following signs of abuse or neglect:
- Cuts and bruises
- Withdrawal from social activities
- Anxiety, depression, and thoughts of suicide
- Financial withdrawals that can’t be justified
- Poor hygiene
- Signs the senior is not taking his/her prescriptions
Many seniors are already in poor health. Small injuries can develop into large ones very quickly. In tragic cases, a senior can die. Common Miami nursing home abuse and neglect injuries include bedsores, orthopedic injuries, nerve damage, head trauma, and burns. At Hickey Law Firm, we file personal injury actions and wrongful death actions on behalf of seniors and their families.
Why does nursing home abuse and neglect happen in Miami?
Our Miami nursing home lawyers are skilled at showing why nursing home abuse and neglect occurred. Common causes include:
- Non-compliance with federal and Florida nursing home laws
- Non-compliance with nursing home standards
- Failure to investigate the background of new employees
- Failure to respond to complaints by seniors
- Failure to have protective protocols in place
- Failure to hire enough qualified employees
- Failure to train the staff
- Failure to provide sufficient security
- Not providing competent medical care targeted to the needs of seniors
- Improper use of restraints
- Improper nutrition
- Failure to give the correct medications at the correct times in the correct dosages
At Hickey Law, we speak to the seniors, other senior residents, our own network of physicians, nursing home professionals, and any witnesses. We work step by step to show the nursing home breached its duty to protect your loved one.
What laws regulate Miami nursing homes?
There are federal and Florida laws that regulate nursing homes. These laws include the rights of residents. A senior’s rights include the right to civil and religious liberties; private and uncensored communications; reasonable access to those who provide legal, health, and social services; to file grievances; organize and participate in resident groups in the facility; manage his or her own financial affairs; to be adequately informed of his or her medical condition and proposed treatment; and many other rights. Some exceptions may apply.
The Centers for Medicare and Medicaid Services also has its own nursing home resident bill of rights.
Other Florida nursing home laws govern:
- The protection of residents
- Civil enforcement rights
- Licensing requirements
- A resident grievance procedure
- Minimum standards for clinical laboratory test results and diagnostic X-ray results
- Many other laws
Florida also has a Long-Term Care Ombudsman Program that advocates for senior citizens who reside in nursing homes and other long-term care facilities.
The best way to hold nursing homes in Miami accountable for abuse and neglect is to speak with our skilled nursing home lawyers.
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How much is my nursing home abuse claim worth?
Seniors have the same right to enjoy their lives, even if their life expectancy is shorter, than younger adults. For seniors, every day of good health counts. Our Miami nursing home lawyers demand compensation from responsible nursing homes for the senior’s:
- Medical expenses
- Financial damages
- Pain and suffering
- Loss of function and loss of quality of life
In egregious cases, we demand punitive damages.
If a loved one died due to nursing home abuse or neglect, we file a wrongful death claim on behalf of the decedent’s family.
Who can be held liable for nursing home abuse or neglect in Miami?
If your loved one suffered physical or emotional injury through abuse or neglect at a care facility, you may be able to pursue damages to compensate for his or her suffering. Determining who is responsible for your family member’s injury is critical to receive justice, but it can also be difficult. Whether it’s ultimately the facility’s fault, a specific employee’s fault, or the fault of a third party vendor or contractor will need to be determined to successfully prove your loved one’s case.
In addition to the nursing homes, their staff, and contracts, liability may also be charged on third parties that work or supply products within the nursing home as well. Examples of liability caused by a third party include:
- An improperly manufactured piece of equipment
- An improperly designed piece of equipment
- An improperly maintained piece of equipment
- Bad food from a vendor that causes illness
- Illness caused by unsanitary conditions from a negligent cleaning company
- Outside visitors who abuse or cause injury to a resident
Because of the many entities that may be involved in your loved one’s injury, it’s important to seek an experienced nursing home abuse attorney who can investigate the incident and determine who is responsible so that your family member can get the justice and compensation he or she deserves.
What if my loved one lives in another state?
If you are a Florida resident but your elderly loved one lives out of state, Hickey Law Firm can still help. Many of the laws which govern Florida nursing homes and assisted living facilities are federally mandated, meaning they also govern facilities and residential centers across the country. We may still be able to help. Call today to learn more.
Do you have a nursing home abuse and neglect lawyer near me?
Hickey Law Firm meets with nursing home residents and families at our Miami office located at 1401 Brickell Avenue, Suite 510. We do meet seniors who are ill or not mobile at their nursing home facility.
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Speak with a respected Miami nursing home and abuse lawyer now
When you come to Hickey Law Firm and we accept your case, we provide you with the dedication and representation you deserve. Each client is given a team including board-certified trial lawyer Jack Hickey, a case manager, and a medical case manager to make your case as strong as possible.
Contact our Miami nursing home and abuse lawyers today. Call 305.371.8000 or complete our contact form to schedule a free consultation. You pay ABSOLUTELY NOTHING until and unless we recover compensation for you. Our lawyers represent personal injury victims in Miami and throughout Florida.