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Nursing Home Abuse and Neglect Resource Center

Nevada and Florida Nursing Home Neglect Attorneys • Elder Abuse Lawyers

Nursing Home Justice Center

Protecting the Rights of Vulnerable People in Florida and Nevada

One of the great tragedies in our society is that abuse and neglect so often happen to elderly or vulnerable people who are left in the care of nursing home staff. Many times, residents suffer from dehydration, malnutrition, frequent falls, fractured bones, restraint, or pressure sores. They may be physically, verbally, or sexually abused by other residents, or by nursing home staff.

Nursing home residents have an unconditional right to receive proper care and to be free of abuse and neglect. If you or a loved one has been affected by abuse in any long-term care facility such as a nursing home, assisted living facility, or group home anywhere in Florida or Nevada, contact the Nursing Home Justice Center for a free consultation.

The following Nursing Home Injury Resource Center is intended to provide general information about this topic, and it may not apply directly to your case. If you have questions about abuse, neglect, or malpractice in a residential facility, please contact the Nursing Home Justice Center for a free consultation. Nursing home abuse and neglect cases are on a contingency fee basis.

Contact Us Now

The Nursing Home Justice Center serves clients throughout the states of Florida and Nevada in communities such as Las Vegas, Orlando, Tampa, Daytona Beach, Jacksonville, North Las Vegas, Henderson, Boulder City, Summerlin, Reno, and Carson City.

Nursing Home Justice Center

3117 Edgewater Drive
Orlando, FL 32804

Call:
(407) 540-0122 or
(888) 965-ABUSE

Nursing Home Injuries - An Overview

Sadly, when people age, they become more vulnerable to abuse, neglect, and exploitation. Some older people opt to move into nursing homes or long-term care facilities to ensure that they are well cared for, and will be protected from the effects of their deteriorating physical and/or mental conditions. In these settings, however, older people are sometimes actually physically and/or psychologically harmed by the negligent or intentional acts of their caregivers.

If your loved one is a patient who has been harmed in a nursing home, contact an experienced and compassionate nursing home attorney to learn about your legal options.

Many people in the U.S. discount the feelings and rights of the elderly because they associate aging with physiological, psychological, and social disability; however, this attitude is unwarranted and unfair. Senior citizens should be allowed to live out their lives free from pain, suffering, and distress caused by the negligence or abuse or others. One could argue they have an even stronger right to live in peace and comfort than any other segment of society, given the contributions they have generally made to society over their many years.

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Negligence in the Nursing Home Setting

If you or a loved one has been harmed while a nursing home resident, contact an attorney for advice about protecting your legal rights and seeking recompense for injury.

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What Your Rights Are as a Resident of a Nursing Home

A nursing home or its owner, or proprietor, can be held liable for negligence in failing to properly care for its residents. In such a case, the injured resident must prove: 1) that the nursing home's owner or employees breached a duty of care owed to the resident; 2) that the resident was injured by this breach; and, 3) that the nursing home owner's or employee's conduct caused the injury. In a case where a resident dies because of the nursing home's negligence, it is not necessary to prove that the resident would have survived if not for the negligence. If the defendant accelerated the resident's death at all, it may be liable for the death, and if the negligence caused the resident additional pain and suffering, the nursing home can be liable to the resident's estate.

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Special Considerations in Proving Damages in Cases Involving the Elderly

A party who brings a claim against a nursing home will want to bring out all evidence of the losses or suffering that resulted from the nursing home's conduct, and should attempt to provide as much information as possible on the following types of damages:

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Statutory Protection of Older Persons

The frequency of mistreatment of older people came to the attention of the general public and lawmakers in the early 1980's. Numerous cases, in which older people were being physically harmed; deprived of food, water, or proper medical attention; and divested of their life savings by caregivers and relatives, were brought to light. When the widespread nature of this abuse and neglect became clear, state legislatures started to enact laws to address these problems.

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Frequently Asked Questions about Nursing Home Injuries

Q: If a resident of a nursing home has no contract with the home, can he or she still sue the home for improper care?

A: Yes, nursing home residents (or their survivors) who are harmed due to improper care by a nursing home may recover damages under several different legal theories, even in the absence of a contract. A resident might have a cause of action that arises out of negligent personal supervision and care, negligent hiring and retention of employees, negligent maintenance of the premises, or negligent selection or maintenance of equipment. In addition, a nursing home resident who has been abused can pursue damages for assault and battery.

Q: What rights do residents of nursing homes have?

A: The Medicare program requires nursing homes receiving funding to be free from verbal, sexual, physical and mental abuse, and any physical or chemical restraint that is imposed for purposes of discipline or convenience, rather than to treat a medical condition. Restraints may be used upon the written order of a physician who specifies the duration and circumstances under which the restraints are to be used, but only to insure the safety of the resident or other residents. If a nursing home is not regulated by federal statute, its residents will still have rights under state laws, which vary from state to state.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Copyright © 201 by Nursing Home Justice Center. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.