Though it may come as a shock, nursing home abuse is reported to occur far too often in the state of Florida. This abuse may be in the form of physical, emotional, sexual, financial, or otherwise. Continue reading to learn what are considered warning signs and how one of the experienced Panama City nursing home abuse attorneys at Manuel & Thompson, PA can help you understand the steps to take to rectify this situation.

What Constitutes Nursing Home Abuse Under Florida Law?

Florida law, in accordance with Florida Statutes Chapter 400, provides a number of important protections for those living in nursing homes and other long-term care facilities. Unfortunately, however, abuse can still take the form of direct harm, neglect, and failure to provide adequate and reasonable care.

Under Florida law, nursing homes and long-term care facilities may face civil liability when conduct results from understaffing, negligent supervision, inadequate training, and failure to enforce resident protections.

Physical Abuse

Physical abuse occurs when someone intentionally uses force to cause injury or harm, and often includes:

  • Hitting, slapping, pushing, kicking
  • Unlawful restraint
  • Sudden head injuries
  • Broken bones
  • Unexplained injuries

Emotional and Psychological Abuse

Though emotional abuse may not leave physical marks, it can result in severe trauma and mental health decline.

  • Verbal threats
  • Humiliation
  • Social isolation
  • Withholding food and water as a punishment

Sexual Abuse

Sexual abuse occurs anytime there is non-consensual sexual contact with a resident in a nursing home.

  • Rape
  • Assault
  • Improper touching

Financial Abuse

Unfortunately, it is not uncommon for those in nursing homes to be taken advantage of financially. This can include:

  • Coercion into transferring assets or property
  • Taking valuables
  • Sudden changes in wills or trust funds

Neglect

Neglect is the most common form of abuse that occurs in nursing homes throughout the state. This is the result of a facility’s failure to provide adequate care to residents, which can include:

  • Severe dehydration
  • Malnutrition
  • Bedsores
  • Poor hygiene
  • Repeated infections

What Are the Most Common Warning Signs Families in Panama City Should Look For?

Families in and around Panama City, including the Bonifay and Marianna communities, who have loved ones in nursing homes, should remain vigilant. Abuse can become visible through subtle behavioral and physical indicators prior to severe harm.

Physical Warning Signs

  • Significant weight loss
  • Dehydrated
  • Overmedicated
  • Poor hygienic state
  • Bedsores
  • Unexplainable falls
  • Unexplained, unyielding cuts and bruises
  • Unexplained, repeated infections
  • Delays in family notification for injuries

Behavioral Changes

  • Sudden fear of staff or certain employees
  • Reluctance to speak in front of staff members
  • Self-isolation
  • Withdrawal
  • Significant changes in mood and personality
  • Difficulty sleeping

Environmental Warning Signs

  • Unsanitary room conditions
  • Strong odors
  • Unchanged bedding
  • Staff refusing to have private conversations
  • Understaffing
  • Unhygienic kitchen conditions

Nursing homes in Florida are subject to investigation by the Agency for Health Care Administration. Reviewing inspection history can drastically impact the outcome of a case, as prior citations and violations can reveal a pattern of neglect and failures.

What Is The Statute of Limitations for Nursing Home Abuse in Florida?

Under Florida personal injury law, which includes damages as a result of nursing home abuse and neglect, those who wish to file a claim must do so within two years of the date of the incident. However, exceptions may apply if the discovery of harm is applicable.

Regardless, filing a claim promptly is critical as:

  • Medical records may be altered
  • Evidence may be lost
  • Witness memories fade
  • Surveillance footage may be deleted

Failure to file within the statute of limitations in Florida will result in a permanent bar on recovery, even if negligence and damages are obvious.

What Should You Do Immediately if You Suspect Abuse?

While thinking about your legal case, you must simultaneously be thinking about the immediate safety of your loved one. Once they are safe and protected, you may then pursue legal action.

Step 1. Ensure Immediate Safety

  • Remove your loved one from the facility
  • Seek immediate medical attention for their injuries or ailments
  • Document all visible injuries
  • Obtain copies of their medical records

Step 2. Report the Abuse

There are different avenues you may pursue to report suspected abuse in Florida. This includes:

These agencies oversee facilities across Panama City, Marianna, Bonifay, and the surrounding North Florida communities.

Step 3. Preserve Evidence

  • Take photographs and videos of visible injuries and unsanitary living conditions
  • Request incident reports from administrators
  • Preserve dirty bedding and clothing
  • Obtain copies of care plans and medication logs

What Compensation May Be Available in Nursing Home Abuse Cases?

In the event the nursing home abuse claim is successful, victims may be entitled to a number of damages for the physical, emotional, and financial harm they have suffered while in the care of nursing home staff.

Economic Damages

  • Medical expenses
  • Long-term care costs
  • Rehabilitation
  • Medication
  • Medical devices and equipment

Non-Economic Damages

  • Pain and suffering
  • Emotional trauma
  • Loss of enjoyment of life
  • Humiliation

Wrongful Death Damages

In the event the abuses resulted in the death of a resident, their family may seek compensation for:

  • Funeral expenses
  • Loss of companionship and guidance
  • Medical bills that accumulated before death

In many Florida nursing home abuse cases, damages can also include compensation for long-term issues, like relocation costs, long-term disabilities, and future medical care. In the event gross negligence occurs, the court may also award punitive damages as allowed under Florida Law.

Contact a Panama City Personal Injury Lawyer Today

Unfortunately, navigating a nursing home abuse lawsuit can be incredibly overwhelming. That is why it’s in your best interest to connect with an experienced attorney, Manuel Thompson. Our firm knows that cases involving the abuse of vulnerable individuals can be incredibly upsetting and complex, which is why you can rely on us to represent you. Contact us today to learn how we can fight for your loved one.