Abuse and neglect of our elderly in nursing homes have become commonplace. In some homes, the abuse or neglect causes serious physical injury or death. In other homes, the abuse is more psychological in nature with residents living in a constant state of fear. Neither situation is acceptable. Such treatment violates every known standard of decency — and Florida law.

Martinez Manglardi has an experienced team of nursing home abuse and neglect attorneys, representing the victims and families. Our Florida medical malpractice lawyers have been committed to protecting the safety of Florida’s families since 1988. We have recovered hundreds of millions of dollars in verdicts and settlements for our clients. Our efforts have led to improved conditions and humane treatment for our clients.

The Right Nursing Home Abuse Attorney

Our nursing home abuse attorneys are dedicated to protecting nursing home residents who are unable to protect themselves. In reality, elderly victims suffer physical, emotional or financial abuse at the hands of institutions and people who are paid to care for them. Call us at 407-846-2240 with questions about nursing home abuse and negligence in Orlando, Orange County, Kissimmee, Osceola County, Apopka, Seminole County, Palm Bay, Brevard County, Ocala and throughout Florida.

Only an experienced Florida nursing home abuse attorney can help punish those responsible for perpetrating crimes against the dependent elderly. Martinez Manglardi’s elder abuse attorneys know the law, the legal system and victim rights. Our firm has experience in handling a variety of personal injury cases against major defendants such as nursing homes, hospitals, insurance companies, product manufacturers, corporations and municipalities.

We are on your side.  Martinez Manglardi can provide you with strategies to successfully prosecute the guilty and improve the quality of your loved one’s care through financial restitution. If someone you love has been abused, injured or died in a nursing home or assisted living facility, contact our Florida nursing home abuse and neglect injury lawyers today at 407-846-2240.

Nursing Home Abuse is Widespread

Elder abuse has been called the hidden crime because:

1. It is often difficult to recognize.
2. It has been concealed by nursing home staff.
3. The victims may be too frightened or incapacitated to communicate the abuse.

An estimated 84 percent of abuse cases go unreported or unrecognized. In fact, government inspectors rarely detect preventable nursing home deaths. Nor are they assessed by medical examiners, or investigated and prosecuted by law enforcement. Abuse and neglect occurs at skilled nursing facilities (SNF) or homes, foster homes, group homes, board and care facilities. Abusers may be staff members, other patients and even visitors.

Types of Abuse

The most common types of abuse include:

• Physical abuse – infliction of pain or injury including sexual abuse.
• Misuse of restraints – chemical or physical control of resident not in accordance with accepted medical practice or orders.
• Verbal/emotional abuse – demeaning statements, harassment, threats, humiliation or intimidation.
• Physical neglect – disregard for the necessities of daily living such as food, water, bathing and basic care.
• Medical neglect – lack of care for existing medical problems.  Ignoring a necessary medical diet, not calling a doctor when needed, being unaware of potential side effects of medication or not taking action on a medical problem.
• Verbal or emotional neglect – not meeting the patients’ verbal or emotional needs including disregarding patients’ wishes, or restricting contact with family and friends.
• Personal property abuse – illegal or improper use of a resident’s property (funds, property, assets) by another for personal gain.

Responsibility for Care

To participate in federally reimbursed Medicare and Medicaid programs, nursing homes must comply with the Nursing Home Reform Act (NHRA) which specifies adherence to certain requirements for quality of care. The NHRA states that a participating nursing home must have a written care plan that ensures services and activities to maintain the highest practicable physical, mental and psychosocial well-being of each resident.  In fact, most states have addressed the institutional abuse issue with laws that require doctors, nurses and other healthcare professionals to report suspected neglect to a designated state office. In addition, laws further require nursing homes to investigate and report any abuse incidents that occur within their facility. Above all, physicians, hospitals, nurses, therapists, aides, orderlies and administrators must provide adequate care, medical treatment and protection to the residents and patients in their facility.

Questions for a Nursing Home Abuse Attorney

1.  What do I do if I suspect nursing home abuse or neglect?

If you suspect abuse or neglect of an elderly person, you should report the abuse to the proper local authorities. The abuse will not stop on its own. Do not ignore your suspicions. Contact a Florida nursing home abuse attorney today at 407-846-2240.

2.  What is the definition of elder abuse?

Elder abuse is a term that may include physical, sexual, or emotional abuse; financial exploitation; and neglect in providing necessary materials like food, shelter, or clothing. Furthermore, the abuse might also involve withholding medicine or refusing to arrange transportation for doctor appointments. Keep in mind that while damage inflicted by physical abuse may be obvious, frequently the abuse is emotional or psychological, resulting in humiliation, intimidation, and fear.

3.  What are some recognizable signs that nursing home neglect or abuse could be occurring?

Any of the following nursing home neglect and abuse signs could warrant further investigation:

• Unexplained bruises, cuts, burns, sprains, or fractures
• Bedsores
• Sudden changes in behavior
• Staff refusing to allow visitors to see resident or delays in allowing visitors to see resident
• Staff not allowing resident to be alone with visitor
• Keeping residents in an over-medicated state
• Loss of resident’s possessions
• Sudden large withdrawals from bank accounts or changes in banking practices
• Abrupt changes in will or other financial documents

Additional Questions

What should I do if I suspect a nursing home is stealing money from my loved one?

Financial abuse can be difficult to detect because it will often occur over a period of time. If you have suspicions, however, it is a good idea to check them out. In that case, ask your loved one about their finances and who controls them. Then, provide your loved one with information on financial abuse. Also, notify the director of the nursing home that you suspect abuse. Lastly, if nothing changes, and you have evidence of financial abuse, contact authorities and a nursing home abuse attorney.

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

Yes. When improper care by a nursing home injuries a resident, they may recover damages under several different legal theories, even in the absence of a contract. For example, 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, abused or injured nursing home residents can pursue damages for assault and battery.  When all is said and done, a resident in a nursing facility has the right to be free from verbal, sexual, physical and mental abuse. Finally, residents have rights under state and federal laws.

Contact a Florida nursing home abuse attorney today at 407-846-2240.