Few things are more difficult than learning that your loved one has suffered abuse while in the care of a Melbourne nursing home. Like many other families, you relied on this facility to care for your family member and ensure their safety. You have the right to hold the facility and its administrators responsible for failing in that duty.
A nursing home abuse lawyer in Melbourne with Bogin, Munns & Munns can represent your loved one and protect their rights. They deserve justice and compensation in such a harrowing situation. Suffering abuse in any form can be life-altering, and the abuser should be held responsible for the damages a victim endures. We want to work with you to help your family and shed light on this nationwide issue.
How Our Melbourne Lawyer Can Help
If your loved one was the victim of abuse, you do not have to hold the nursing home accountable on your own. With one of our attorneys by your side, you could pursue monetary compensation and a degree of justice from the responsible party.
Ways you can expect us to support you include:
- Identifying the liable party
- Collecting and analyzing evidence
- Obtaining medical documents
- Filing your claim
- Negotiating for a reasonable settlement
- Managing communication with all involved parties
- Taking the case to court if negotiations with the insurer are not successful
- Hiring experts
- Assessing and calculating the damages
- Working with law enforcement
As your legal advocates, we do everything possible to hold the negligent party liable so justice is served and you are not stuck paying for damages someone else caused. Most nursing home cases settle out of court, but we are prepared and glad to go to trial for you if we must.
To consult with an experienced nursing home abuse lawyer serving Melbourne, call 855-686-6752
Types of Nursing Home Abuse
There are five types of nursing home abuse that your loved one could have faced.
Some types of nursing home abuse include:
Physical abuse occurs when a nursing home resident suffers bodily injuries from intentional or negligent conduct. Many cases of physical abuse involve kicking, slapping, or biting residents.
Physical abuse can also involve dropping a nursing home resident or using unnecessary forms of physical or chemical restraints.
Nursing home abuse does not always leave physical scars. For many residents, emotional abuse can leave lasting damage. Emotional abuse involves any form of emotional harm, including intimidation, verbal threats, isolation, and humiliation.
Emotional abuse could also constitute giving a nursing home resident the silent treatment, berating them, or mocking them.
Financial abuse is any form of fraudulent financial transaction that targets a nursing home resident.
Unfortunately, many nursing home residents lack the capacity to manage their own financial matters. This can result in caretakers using residents’ credit cards or writing fraudulent checks out to themselves.
Neglect involves the failure to look after a nursing home resident’s basic needs. This could include the need for nourishment, sleep, hygiene, or medical care.
Neglect can be intentional or result from a facility’s failure to maintain appropriate staffing levels. Inadequate training is also frequently to blame for neglect.
Sexual abuse involves any form of nonconsensual sexual contact with a nursing home resident. This form of abuse routinely goes unreported in nursing home facilities. Some residents are too afraid to report their caregivers, while others lack the capacity to speak out.
When we perform our investigation into the nursing home, we will get questions answered to the best of our ability. We will examine the environment and talk to management, caregivers, and witnesses.
You will always be kept updated on the progress of your case as well; you will never be in the dark.
Melbourne Nursing Home Abuse Lawyer Near Me 855-686-6752
You Should Report Suspected Instances of Nursing Home Abuse
If you believe that your loved one is suffering abuse, it is vital that you take immediate action. However, your first steps could depend on the type of abuse you believe has occurred. First and foremost, you should always report suspicions of abuse to the Agency for Health Care Administration (AHCA).
This administrative body oversees licensing for Florida nursing homes and is empowered to investigate claims of abuse or neglect. The reports provided by the investigators could also shed light on any potential injury claim you might pursue.
You are Also Advised to Contact the Police
If your loved one was the victim of a crime, you have the right to report the incident to the police. You are entitled to notify the police in addition to the AHCA as well. It is not uncommon for there to be dual investigations between law enforcement officials and nursing home administrators.
It is also helpful to seek professional help for your loved one. Depending on the type of abuse they suffered, they may require physical therapy or mental health counseling. You may consider moving them to a new care facility in addition to these services.
Finally, it could be in your best interest to discuss your abuse allegations with a Melbourne nursing home abuse lawyer at our firm. By letting our lawyer evaluate the case, you could put your loved one in a position to recover the compensation they deserve.
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The Time Limit on Filing a Lawsuit
Like all lawsuits, legal claims alleging nursing home abuse are bound by the statute of limitations. The statute of limitations is a firm deadline that requires the filing of a lawsuit within a specific amount of time. If the statute expires before you bring your case to court, you could permanently miss out on the ability to recover compensation.
There are a handful of exceptions that apply to the statute of limitations. Combined with the fact that the statute of limitations varies between different types of cases, it is not always obvious what deadline applies to a nursing home abuse lawsuit.
Given what is at stake in every abuse case, it is vital to comply with the statute of limitations. To ensure your loved one’s case is not dismissed, let our attorney review your case early on in the process. Your attorney could not only advise you on matters regarding your case, but they could also provide guidance on the amount of time you have to file your lawsuit as well.
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Pursue a Claim for Compensation Following an Act of Nursing Home Abuse
No senior should have to experience nursing home abuse or neglect. Whether this neglect occurs at the hands of a caretaker or another party, legal action could provide your loved one with the compensation they deserve.
Unfortunately, nursing home abuse and neglect are commonplace. According to the National Center on Elder Abuse (NCEA), studies show as many as one in 13 nursing home residents will experience abuse at some point. What’s more, the NCEA also reports this does not include the potentially large number of abuse cases that are never reported.
We can assist you with your claim or handle it completely for you. While you prioritize family, we do all the work to hold a negligent nursing home accountable.
Call Now to Allow Us to Start Working for You
Let the personal injury team at Bogin, Munns & Munns advise you on your legal rights. To learn more about how our legal team could help you in Brevard County, call 321-254-3939 today. We may be able to obtain compensation that covers medical bills, pain and suffering, the costs of transferring your loved one to another facility, and more.
A compassionate representative with a listening ear can learn about your loved one’s situation or your suspicions and offer guidance. We want to help your family fight for the outcome you deserve.