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Nursing Home Abuse lawyers

Palm Beach Gardens, Palm Beach County, & South Florida

Nursing Home AbuseWhen we place an elder loved one in the care of a nursing home or assisted living facility, we place a great deal of trust in the caregivers. Unfortunately, examples of neglect and abuse are far too common.

According to the National Center on Elder Abuse, over 30% of all nursing homes in the United States are involved in some form of resident abuse, and more than 50% of nursing homes and assisted care facilities are short staffed.

You or your elder loved ones deserve dignity, safety and proper care. Florida laws guarantee nursing home residents certain rights including:

  • The right to a clean and safe environment
  • The right to proper medical care
  • The right to make decisions about that care
  • The right to a certain amount of daily attention
  • A stay that is free from abuse or neglect

However, nursing home abuse:

  • Can be difficult to recognize
  • Is done without the resident’s knowledge 
  • The victim is too frightened or incapacitated to report the mistreatment.

Nursing Home FAQ

What is the difference between a Nursing Home and an Assisted Living Facility?

The main difference between a Nursing Home and and Assisted Living Facility is the level of care someone needs. Assisted Living Facilities offer more independence to the patient, whereas Nursing Homes are geared towards those in need of constant care. There's also a difference in being asked versus being told. Nursing Homes have certain regulations in place to ensure that residents aren't neglected since most patients in their care cannot make make decsisions for themselves. For example, patients have designated eating times as well as how often they eat; they are being told when to eat. Assisted Living Facilities give their patients the freedom to eat when and how often they want to.

What should you know if you're considering putting a loved on into a Nursing Home or Assisted Living Facility?

Pricing: Typically, Assisted Living Facilities range from $1,000 to $3,000 a month. Nursing Homes are about the same, though Medicare and Medicaid often pay for Nursing Home care. Visit Medicare.gov to use their search engine tool for comparing price and quality of Nursing Homes. For more information on Assisted Living Facilities, visit Assistedlivinginfo.com


Ask your loved one where they would rather be. You want them to be happy, and if they are able to choose for themselves then they'll know what's best for them.

When visiting a potential Nursing Home or Assisted Living Facility, be observant. Look around and notice the care being given. If possible, talk to the residents who are able to communicate about the kind of care they're given and ask them specific questions you may have.

Research. Know how many nurses are on staff and what the law requires.

  • An RN on duty 8 hours a day, 7 days a week.
  • An LN on duty 24 hours a day, 7 days a week.
  • Non-licensed nursing staff: Regulations don't specify a minimum level, but do require 75 hours of training and for the NAs to pass a competency exam.
  • Florida requires three and a half hours of nursing time for each resident.

Visitation: Once you have chosen a Nursing Home or Assisted Living Facility, visit often and at different times of the day. People believe that residents whose families are invilved receive better car and more attention.

*If you've placed your loved one in a Nursing Home and are not content with the one you've chosen, residents are eligible for Medicare reimbursement for up to the first 100 days they are there.*

What are the signs of Nursing Home abuse?

While nursing home abuse isn’t always obvious, any of the following signs of nursing home abuse should warrant further investigation:

  • Unexplained bruises, cuts, burns, sprains, or fractures in various stages of healing
  • 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
  • Resident being kept 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

Putting a stop to the abuse: Complain to the shift leader, the director of nursing, the administrator, the Department of Health, and the Attorney Genereal's Office. Keep a record of your complaints.

Statistics:

  • For every case reported, 5 more go unreported
  • About 25% of all elderly adults will report abuse, totaling up to 6% of the general elderly population
  • 70% of all elderly abuse is against women
  • 23% of elder abuse happens in residential care
  • There are about 89 patients per Nursing Home

For more reports and statistics, visit AHCA


Every nursing home abuse case is different and success often requires a dedicated team of lawyers, experts and paralegals to thoroughly investigate the incident, prove fault, identify damages and successfully argue the facts to the defendant and, when needed, to judge and jury. Selecting the right trial attorney who is experienced in proving fault and maximizing damages can make all the difference whether your claim goes to court or not.

If you suspect that you or someone you love is the victim of nursing home abuse, you need the help of an experienced Florida nursing home lawyer who understands how to successfully investigate and put an end to the abuse. Make A Call For Justice and contact Domnick & Shevin PL today to schedule a free initial consultation.

Palm Beach Gardens Personal Injury Litigation Law Firm focusing on Personal Injury, Medical Malpractice, Nursing Home Abuse, and Product Liability throughout the state of Florida within Palm Beach, Broward, Miami-Dade, and Martin Counties including Palm Beach Gardens, Palm Beach, West Palm Beach, Jupiter, Boca Raton, Lake Worth, Delray Beach, Boynton Beach, Stuart, Port St. Lucie, and the Treasure Coast.