The abuse of elders in Seminole nursing homes is unfortunately common. This abuse can have a devastating impact due to the vulnerable state of many residents. In the worst-case scenario, nursing home abuse can lead to a loss of life.
If you or an elderly loved one has suffered abuse in a Seminole nursing home, call a compassionate personal injury attorney right away. You may be eligible to recover compensation for your damages such as medical expenses, pain and suffering, as well as mental anguish.
The Rights of Seminole Nursing Home Residents
Every nursing home resident has legal rights under Florida law. These rights are extensive, and cover everything from religious liberty to the right to humane care. Per Florida Statute 400.022, the law gives citizens the right to:
- Private, uncensored communication
- The legal and medical counsel of the patient’s choice
- Manage their finances independently
- Refuse medical care or treatment
- Privacy in medical care
- Courteous, fair, dignified treatment
- Freedom from physical or mental abuse
When a nursing home or their employees violates these rights, they could face civil liability. In these situations, a knowledgeable Seminole nursing home abuse attorney could seek monetary damages for injuries their client sustained.
Types of Nursing Home Abuse
Nursing abuse comes in many different forms. The main types of abuse that a resident may face in a nursing home include physical, emotional, sexual, and financial abuse.
Physical abuse includes any unlawful physical force used against a nursing home resident. The force must have the potential for causing bodily harm or pain, which can include the use of unnecessary physical restraints. Typical examples involve punching, pushing, or shaking the victim.
Not all abuse is physical in nature. Emotional abuse is just as harmful and violates the rights of every nursing home resident. Common examples including berating or threatening a resident.
While a nursing home resident has the right to manage their finances, many of them are in a vulnerable position. This combination is a catalyst for theft and fraud. Financial abuse can include stealing a resident’s possession or even forcing them to change their will.
Neglect is the failure to provide the care that a Seminole nursing home resident needs. Neglect can occur intentionally or by accident. Accidental neglect is often a result of understaffing.
This form of abuse involves any non-consensual sex act with a nursing home resident. In many cases, Seminole nursing home residents are unable to consent due to their mental capacity.
Statute of Limitations
Every state bears a deadline known as the statute of limitations to file a civil lawsuit. If the injured claimant or their Seminole nursing home abuse lawyer files a lawsuit after the statute expires, the court will not allow the case to proceed.
The statute of limitations for a Florida nursing home abuse case expires two years from the date of the abuse. The consequences of missing this deadline can prevent the plaintiff from recovering compensation from the responsible party.
Contact a Seminole Nursing Home Abuse Attorney Today
Every Seminole nursing home resident deserves the right to be safe and free from harm. Unfortunately, abuse and neglect is a constant threat. When these abuses occur, it is important to hold the responsible party accountable through an injury lawsuit.
If you are ready to protect the rights of your loved one, a Seminole nursing home abuse lawyer might be able to help. Call today to discuss your legal options.