Residents of nursing homes and assisted living communities deserve to be treated with care and dignity. Unfortunately, many residents in nursing homes do not have this experience. If your loved one suffered harm while residing in a nursing home, one of our personal injury attorneys at Kogan & DiSalvo could assist you in holding these negligent caretakers accountable. Pompano Beach nursing home abuse lawyers could guide you through the complex legal process while helping you pursue compensation for your loved one’s injuries.
A wide variety of actions and inactions could constitute abuse in a nursing home. For instance, while the term abuse often conjures images of physical violence, many forms of negligence occur without any form of physical assault. Pompano Beach nursing home abuse attorneys could review the allegations of abuse to identify which form of negligent or outright abuse the plaintiff experienced and could explain how this may impact their case. The most common types of nursing home abuse are:
Physical abuse is any form of physical assault directed towards a nursing home resident. This abuse may include an assault against the resident in the form of punching, slapping, choking, or biting. In some of the more harrowing of instances, physical abuse could include the unnecessary use of physical or chemical restraint on a resident.
Emotional abuse is any action intended to subject a resident to harassment or threats. This form of abuse often leads to fear, degradation, confusion, or another type of emotional distress.
Any non-consensual sexual act is sexual abuse. While many sexual abuse claims involve nursing home employees, other claims relate to an incident between two residents. In many cases, a nursing home resident may not have the capacity to consent at all.
Financial abuse is any exploitation of a resident through the use of intimidation or fraud. Nursing home residents may be in a vulnerable position and may fall for scams that result in handing over assets or gifting away their life savings without realizing it.
Neglect is a form of abuse that is not always intentional. While some cases of neglect are due to a caregiver’s desire to harm the resident, other instances are due to a facilities’ lack of resources or understaffing. Neglect involves the plaintiff going without food, water, or medical care for an extended period of time.
The statute of limitations is a legal time limit that prevents a plaintiff from filing a lawsuit once the statutory deadline has expired. This deadline is intended to prevent lengthy delays between an incident of abuse and the filing of a lawsuit.
According to state law, the statute of limitations for a nursing home abuse claim is two years from the date of the abuse, with some exceptions. For instance, the statute of limitations may extend to four years when a perpetrator concealed the act of abuse through fraud. Determining the appropriate statute of limitations is critical, given that failing to adhere to these statutory deadlines may bar a plaintiff from receiving the compensation they deserve. Seasoned nursing home abuse lawyers in Pompano Beach could provide critical guidance on filing a lawsuit on time, depending on the circumstances of a case.
Learning that your loved one has been abused or neglected by people whom you entrusted with their safety and care is distressing. The compassionate attorneys at Kogan & DiSalvo could help you through this difficult time. Pompano Beach nursing home abuse lawyers could lift some of the legal burdens off of your shoulders as you care for your loved one. Contact our office for a free consultation as soon as possible.
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