Your Loved One Deserved Safety. We’re Here to Demand Justice.
It’s heartbreaking to imagine the pain and fear an elderly loved one endures when they suffer abuse or neglect in a nursing home — especially after you took careful steps to find what you believed would be a safe, trusted place for their care. Unfortunately, some caregivers violate that trust in the worst ways, causing injury, illness, emotional trauma, or even death.
At Zoeller Law, our experienced Florida Nursing Home Negligence Lawyers understand the outrage, grief, and helplessness that families feel in these moments. You want answers. You want accountability. And most of all, you want to protect your loved one from ever being harmed again.
We’re here to help you do that.
Our legal team will take on the burden of your case — investigating what happened, identifying those responsible, and pursuing the full compensation your family deserves. Whether through a powerful insurance claim or in court, we will fight to hold negligent caregivers and facilities accountable.
You shouldn’t have to face this alone. Let Zoeller Law be your advocate, your ally, and your voice in the pursuit of justice for your loved one.
Suspect Nursing Home Abuse or Neglect? Let Us Help You
Suspect Nursing Home Abuse or Neglect? Let Us Help You
Get your FREE & confidential case review today
561-689-8180Common Types of Abuse in Nursing Homes
Around five million older adults in the United States become victims of abuse each year. Unfortunately, nursing home residents are susceptible to instances of abuse and neglect. This is because most residents suffer from cognitive illnesses or physical disabilities and rely on others for assistance. Because they cannot take care of themselves, they rely on staff members to help them shower, dress, and walk.
The most common types of nursing home abuse include:
- Financial exploitation – Financial exploitation is also known as financial abuse. It occurs when someone uses a patient’s personal property, assets, or money without permission or consent. For example, a nurse might steal cash from a resident’s room.
- Physical abuse – Physical abuse involves using physical force against an older adult to inflict bodily injury or death. Kicking, punching, and shoving are common examples of this form of abuse.
- Neglect – Neglect occurs when a caregiver withholds their patient’s basic needs, such as a clean bedroom, water, and medication.
- Psychological abuse – Psychological abuse involves using verbal or nonverbal acts to cause emotional pain, trauma, or distress. A nursing home employee who regularly harasses a patient or isolates them from others is a good example.
- Abandonment – Abandonment and neglect are similar. This happens when a caregiver does not live up to their responsibilities of caring for an older adult. Bedridden patients need to be turned often to prevent bedsores. It’s considered abandonment if a nurse leaves them unattended for hours.
- Sexual abuse – Sexual abuse refers to a person using coercion, threats, or force to engage in unwanted and nonconsensual sexual activity with a patient.
The Nursing Home Reform Act establishes rights afforded to individuals living in nursing homes and assisted-living facilities. Residents should receive the care they need to maintain mental, physical, and psychosocial well-being and never be subjected to abuse, neglect, or other forms of mistreatment.
Warning Signs of Abuse in Nursing Homes
It isn’t always easy to notice signs of abuse. Since many older adults can’t speak for themselves, it’s up to you to be their advocate and watch for red flags that might indicate they have been abused or neglected.
The most common signs of nursing home abuse are:
Financial Exploitation
Typically, you can spot financial abuse if there is any unusual activity with your relative’s finances or legal affairs. Common examples include:
- Unknown signature on a power of attorney
- Unauthorized account transfers
- ATM withdrawals that the patient could not have made
- Unusual charges to a credit card
Physical Abuse
Physical abuse is one of the easiest forms of abuse to notice. Signs are usually visible and involve unexplained injuries, such as:
- Broken bones
- Tooth loss
- Cuts and burns to the skin
- Dislocated joints
Neglect
Neglect often involves visible warning signs. Examples include:
- Bedsores
- Poor personal hygiene
- Inadequate treatment of injuries
- Malnutrition
Psychological Abuse
When someone suffers psychological abuse, there is typically a decline in emotional well-being and withdrawal from loved ones. Some of the most common signs are:
- Depression or anxiety
- Sudden changes in behavior
- Mood swings
- Avoiding eye contact
Abandonment
Warning signs for abandonment are often similar to neglect. Common signs include:
- Malnutrition
- Unclean bedding
- Appearing disoriented or confused
- Dehydration
Sexual Abuse
Sexual abuse can cause a range of symptoms that are physical or psychological. Some examples are:
- Low self-esteem
- Bruising around the genitals or anus
- Pelvic injuries
- STD diagnosis
If you believe your loved one has become the victim of abuse, do not hesitate to take legal action. You need to ensure their safety and seek the money they’re owed for the abuse they endured. You should not be forced to pay for their hospitalization, rehab, and other medical costs if someone else were entirely at fault for their injuries.
Suspect Nursing Home Abuse or Neglect? Let Us Help You
Suspect Nursing Home Abuse or Neglect? Let Us Help You
Get your FREE & confidential case review today
The individuals and companies often at fault for injuries and illnesses in nursing homes include:
- Doctors
- Administrative employees
- Maintenance staff
- Nurses
- Physicians assistants
- Other residents
- Owner of the facility
- Contractor or subcontractor performing work at the nursing home
- Manufacturer of a defective medical instrument, assistive device, or part
Florida statute 400.141(q) requires nursing homes to maintain liability insurance at all times. However, there isn’t a specific coverage amount they must purchase. Unfortunately, this lack of regulation means you might not be able to cover your total losses.
For example, if the facility only carries $50,000 in coverage but your loved one incurred $75,000 in expenses, there will be $25,000 in costs that you might have to pay out of pocket if the insurance carrier agrees to the total available settlement.
Filing a claim might seem like a simple process, but it can become complicated when looking for adequate coverage. Zoeller Law can request a copy of the insurance policy to determine the amount of available liability and if there are other options for recovering the compensation you need.
Possible Compensation in a Nursing Home Abuse Case
Your loved one probably suffered various losses from the abuse. If you file a claim with the nursing home’s liability insurance carrier, you could pursue compensation to cover those losses, such as:
- Loss of enjoyment of life
- Physical impairment or disfigurement
- Past and future medical expenses
- Damage to personal property
- Emotional distress
- Pain and suffering
You may also have the option of seeking punitive damages if you decide to file a lawsuit against the facility or specific individual responsible for causing the injury. This is a form of punishment against the at-fault party instead of compensation for the victim’s losses. You could receive this financial award as long as you show the jury clear and convincing evidence of the defendant’s intentional misconduct or gross negligence.
Statute of Limitations to File a Lawsuit in Florida
The courts strictly enforce the deadline to initiate legal action against another party. Florida law requires you to file your lawsuit by the two-year statute of limitations. That means you have two years from the date of your relative’s injury to sue the at-fault facility or individual. You could lose your right to recover compensation if you don’t adhere to this timeframe.
What Can I Do if My Loved One Died?
If your loved one died from nursing home abuse, you could file a wrongful death lawsuit against the at-fault party. However, only the personal representative of the estate is allowed to initiate the case in court. That person is typically a close family member, such as a spouse or adult child. Whoever files suit must represent the interests of the estate and surviving relatives.
The compensation you receive could cover the losses suffered, such as:
- Mental pain and suffering
- Funeral and medical expenses paid by the estate and the surviving family members
- Loss of companionship, guidance, and instruction if you lose your parent
- Loss of protection, services, support, and companionship
- Wages and benefits lost between the injury date and the day the victim passed away
- The value of benefits and wages the deceased could have earned if they were still alive
The window for filing a wrongful death lawsuit is much smaller than that for a regular lawsuit involving an injury or illness. You would only have two years from the date of your loved one’s death to initiate your case. Even if they sustained an injury from the abuse and didn’t pass away until later, the two-year timeframe would still be from the date they died instead of the injury date.
Seek Justice with Help from Zoeller Law
If your loved one was injured — or lost their life — due to nursing home abuse or neglect, you deserve answers and action. At Zoeller Law, we’ve spent over 40 years holding negligent caregivers and facilities accountable for the harm they cause to the most vulnerable among us.
Our dedicated Florida Nursing Home Negligence Lawyers are here to help you understand your legal options, investigate what happened, and fight to hold those responsible fully liable for their actions. We know how devastating these cases are — and we’re committed to standing beside you every step of the way.
Don’t wait to get the help your family needs. Contact Zoeller Law today for a free, confidential consultation and let us begin the fight for justice.
