Chicago Nursing Home Abuse
Tuesday, April 05, 2005
1. What are the indicators of nursing home abuse or neglect?
Some of the most common circumstances that may indicate abuse or neglect are the following:
1) Bed sores
2) Fractures
3) Falls
4) Unexplained injuries
5) Malnutrition
6) Improper medication
7) Rapid weight gain or loss
8) Unsanitary conditions
9) Poor staffing
10) Unexpected death
This listing is not exhaustive, however. Any suspicious, sudden, or unexplained change in condition may also be an indicator of abuse or neglect.
2. What should be done if nursing home abuse or neglect is suspected?
Obviously, if the circumstances require immediate medical attention, you should take steps to obtain appropriate care through a private physician or hospital emergency room.
If you believe there has been neglect or abuse that represents criminal abuse of the elderly, you should notify the local police or other agencies in your state that investigate complaints of this nature. In Florida, you may call the Florida Department of Children and Families at 1-800-962-2873 or the Agency for Health Care Administration at 1-561-840-0156.
You should also consider contacting an attorney experienced in handling claims based upon nursing home abuse and neglect. This attorney will know the laws of your state, the rights of the nursing home resident, and how to enforce those rights. He or she will also know how to pursue a monetary award for the abused or neglected resident.
3. What are the rights of a nursing home resident in the State of Florida?
Florida Statutes provide a Nursing Home Residents' Bill of Rights in Chapter 400. Among the rights guaranteed to each resident are the following:
1) Reasonable access to health and legal services
2) To be transferred or discharged only for medical reasons
3) To be free from mental and physical abuse, corporal punishment, seclusion, and physical and chemical restraints
4) To be treated courteously, fairly, and with the fullest measure of dignity
5) Privacy
6) To receive adequate and appropriate health care
4. How can the rights provided by the State of Florida be used to protect and benefit an abused or neglected nursing home resident?
The Florida Statutes create a special cause of action against any facility that deprives a resident of his or her rights. This cause of action makes it possible for every abused or neglected nursing home resident to select a private attorney to file a civil lawsuit for both compensatory and punitive damages for the violation of any of the protected rights.
5. What will be the cost of hiring a private attorney to investigate suspected abuse or neglect?
Experienced attorneys who specialize in claims based upon nursing home abuse or neglect traditionally make no charge for consultation or costs involved in the investigation of the facts. And, if the facts justify a civil action for compensatory or punitive damages these attorneys do not require the pre-payment of any costs or fees.
