Do you suspect that your loved one is being abused while in the care of a nursing home? This can be a scary revelation to have, but you’re not alone, and a nursing home abuse lawyer in Tampa will take your concerns seriously.
At Jenner Law, our attorneys have 70 years of combined experience handling cases like yours. Since 2017, we have recovered millions in compensation on behalf of our clients. Our personal injury lawyers in Tampa will provide the personalized attention you deserve.
Florida Law Protects Nursing Home Residents
Moving into a nursing home does not require you to give up your legal rights. State laws govern nursing homes and the rights of people who live in them. Florida Statutes § 400.022 requires nursing home facilities to adopt and make public a statement of residents’ rights and responsibilities.
Residents’ rights generally include:
- Civil and religious liberties
- Private communication
- Privacy
- Participation in social and community activities
- The right to make independent personal decisions
The statute also expressly protects residents from mental and physical abuse, sexual abuse, neglect, exploitation, corporal punishment, extended involuntary seclusion, and certain forms of physical and chemical restraint.
Residents have rights concerning appropriate healthcare, privacy during personal care, confidentiality of medical records, and treatment with dignity and fairness. A resident’s need for assistance does not diminish their right to be treated as a person with dignity and autonomy.
When a nursing home violates those rights and a resident suffers an injury or other legally recognized loss, Florida law provides a civil enforcement mechanism in appropriate circumstances.
For a free legal consultation with a nursing home abuse lawyer call,
(888) 585-2188
Abuse and Neglect Can Take Different Forms
Families sometimes notice something is wrong before they know exactly what happened. Changes in a resident’s condition or behavior can raise questions that deserve a closer look. Depending on the circumstances, examples of concerning signs may include:
- Unexplained bruises, cuts, burns, fractures, or other injuries
- Repeated falls
- Sudden changes in behavior, mood, or communication
- Unexplained weight loss, dehydration, or malnutrition
- Untreated medical conditions or worsening health
- Medication errors or unexplained medication changes
- Bedsores or other injuries associated with inadequate care
- Poor hygiene or failure to assist with basic personal needs
- Missing money, belongings, or other property
- Sexual contact or behavior that violates appropriate boundaries
- Failure to follow the resident’s care plan
- Complaints that were ignored or inadequately addressed
None of these circumstances automatically proves that a nursing home committed abuse or negligence. Residents can have complicated medical needs, and injuries can have different causes.
A legal investigation will look at the evidence surrounding the particular situation. A nursing home abuse attorney in Tampa can help determine whether the available information supports a claim and identify what additional evidence should be obtained.
Nursing Home Neglect Can Support Your Civil Claim
Florida Statutes § 400.023 provides a civil cause of action for negligence or a violation of residents’ rights under the nursing home statutes when the claim involves personal injury or death.
The statute identifies the parties who can be defendants in such an action and defines the elements a claimant must establish. Generally speaking, a claimant must establish that these statements are true:
- The defendant owed a duty of care to the resident.
- The defendant breached that duty.
- The breach of duty caused the resident to experience injuries, death, or other losses.
The claimant also must establish damages. This means an allegation of poor care alone does not automatically result in compensation. The evidence needs to connect the conduct to an injury or other legally recognized loss.
Our Tampa nursing home abuse lawyers can investigate that connection by examining the resident’s condition, treatment history, care requirements, facility records, and the actions taken by staff.
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The Process of Proving Your Nursing Home Abuse Case
A nursing home abuse claim needs evidence connecting the wrongful conduct to the resident’s injuries or losses. The claimant has the burden of establishing the required elements of the claim by a preponderance of the evidence.
Applicable evidence can come from several sources. For example:
- Medical records can help establish the resident’s condition and treatment.
- Facility records can show what staff knew and what actions they took.
- Witness statements can provide additional accounts of events.
- Photographs can document physical injuries or unsafe conditions.
The resident’s care plan can also be important. If the facility knew that a resident needed particular assistance or supervision, the care plan could provide evidence concerning what care was expected.
A lawyer can organize this information into a factual timeline and evaluate how the evidence supports each part of the claim.
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Contact Jenner Law Today for Legal Advice From Our Tampa Nursing Home Abuse Attorneys
A nursing home abuse case requires careful attention to both the resident’s circumstances and the legal requirements that govern the claim. Just as importantly, your Tampa nursing home lawyer should know that your case involves people who experienced a violation of trust.
At Jenner Law, we will handle your case with genuine compassion and personalized attention. We dig deeper and fight harder to get our clients fairly compensated. Our attorneys handle qualifying personal injury matters on a contingency basis.
All of the lawyers and paralegals at our firm have undergone trauma and cognitive interview training from the Center for Hope. This allows us to provide a more thoughtful approach to conversations involving traumatic experiences. Call us today for more information.
Call or text (888) 585-2188 or complete a Free Case Evaluation form