Illegal abuse in nursing homes can be a punishable offense. In Florida, the crime of elder abuse occurs when an individual or group intentionally inflicts physical pain, mental anguish, or injury on a person 65 years old or older. Actions that constitute a form of elder abuse are neglect and exploitation.
What are the legal consequences of nursing home abuse in Florida?
Nursing home abuse is illegal because those 65 and over cannot care for themselves entirely. Therefore, their safety and well-being rest in the hands of other individuals. Nursing home abuse is a felony offense, with the possibility of a substantial fine and up to five years in prison. There are three different ways nursing home residents can be subjected to elder abuse:
A nursing home resident who has been subjected to elder abuse may have grounds for filing a lawsuit against the person who abused them. If a nursing home resident can prove that another individual caused the abuse, then the individual who has been accused of abusing them could be held accountable.
There are several ways in which guardians can take advantage of a nursing home resident:
If a guardian takes advantage of a nursing home resident, they will be charged with one or two counts of elder abuse.
A resident has a right to feel safe and comfortable in their environment. If a resident is abused by a guardian or someone else, they can feel violated and unsafe. They may feel that they are not able to care for themselves properly.
A nursing home or any other facility should have policies to ensure elder abuse does not occur. Any elder abuse law firm will review these policies to ensure they are working correctly in the case of an abuse complaint. If a policy is not working properly, negligence could be grounds for a lawsuit against the nursing home.
What are the risks associated with filing a lawsuit against a nursing home?
A person subjected to elder abuse in a nursing home may have grounds for filing a lawsuit against the facility that has allowed the abuse to occur.
Several risks are associated with taking legal action against a nursing home or caregiver.
The nursing home will likely file a defense that any neglect and abuse were not their fault. They will likely argue that they followed the proper policies and procedures and were also diligent in supervising their staff members. They will contend that the abuse resulted from a single individual who took advantage of the nursing home’s policy.
A person subjected to elder abuse should get help from a nursing home abuse lawyer immediately. An elder abuse lawyer will review any evidence that has been gathered, such as any medical records and witness statements. The attorney will then determine if they can win a case against the nursing home or if they have grounds for filing a lawsuit against them.
The nursing home industry has been evolving over the past several years. There has been an increase in the number of lawsuits being filed against nursing homes and their guardians. One of the reasons for this is an increase in cases of elder abuse that have taken place at these facilities. As a result, many legal experts have begun to debate whether or not nursing homes should be held accountable for their mistakes or negligence.
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