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Top Nursing Home Abuse Lawyer for Assisted Living Injuries

The Law Office of Michael C. George, P.A. knows that those who work at assisted living facilities can unintentionally make mistakes when caring for a loved one; unfortunately, they may also willfully neglect the person placed under their care. The pain and anxiety that results from a lack of care and attention can be traumatic for the elderly individual and the entire family suffers when they see their family member receiving improper care.

If a family member has been the victim of neglect while residing in an assisted living facility you will need the assistance of an experienced attorney who can guide you through your case in order to receive the compensation you deserve. Call (561) 659-6599 to schedule a consultation to review your case.

Nursing home abuse is a heartbreaking reality that affects countless elderly individuals and their families. When vulnerable seniors suffer mistreatment in facilities meant to provide care and support, it can have devastating consequences. A nursing home abuse lawyer plays a crucial role in protecting the rights of these victims and holding negligent facilities accountable for their actions.

Finding the right legal representation is essential to address cases of neglect, elder abuse, and violations of duty of care in assisted living environments. A skilled nursing home abuse lawyer can guide families through the process of taking legal action and seeking compensation for their loved ones' injuries. They work tirelessly to investigate claims, gather evidence, and build strong cases to ensure justice is served and prevent future instances of abuse in care facilities.

Understanding the Prevalence of Nursing Home Abuse

Nursing home abuse is a distressing reality that affects countless elderly individuals across the United States. To comprehend the scope of this issue, it's crucial to examine the statistics, risk factors, and challenges in reporting abuse.

Statistics on Elder Abuse

The prevalence of elder abuse in nursing homes is alarmingly high. According to the National Council on Aging, up to 5 million older Americans experience abuse every year, with many of these cases occurring in nursing facilities [1]. This widespread problem extends to various forms of mistreatment.

A survey of nursing home staff revealed that 81% had witnessed emotional elder abuse, with 40% admitting to committing at least one incident of emotional abuse over a 12-month period [1]. Physical abuse is also a significant concern, with 24.3% of family members reporting at least one incident of physical nursing home abuse [1].

Sexual abuse, while less prevalent, remains a serious issue. Approximately 1.9% of residents reported experiencing sexual abuse, while staff reports of sexual abuse were at 0.9% [1]. Neglect is another form of mistreatment, with the World Health Organization reporting that 12% of nursing home staff admitted to neglecting residents [1].

Risk Factors for Abuse

Several factors contribute to an increased risk of abuse in nursing homes:

  1. Gender: Female residents are more likely to be abused than males, with over 64% of elder abuse victims being women [1].
  2. Mental and physical health: Residents with physical or cognitive impairments, especially those with Alzheimer's disease or other forms of dementia, are particularly vulnerable to abuse [1].
  3. Socioeconomic status: Lower socioeconomic status is associated with a higher risk of abuse, as individuals relying on Medicaid may stay in lower-quality facilities with higher rates of neglect and abuse [1].
  4. Staffing issues: Understaffing, lack of competitive pay, and inadequate training contribute to the risk of abuse. In 2022, nearly 30% of nursing homes reported being understaffed at least once since the COVID-19 pandemic began [1].

Underreporting Issues

Despite the high prevalence of abuse, underreporting remains a significant challenge. It's estimated that just 1 in 24 cases of elder abuse gets reported [1]. Several factors contribute to this underreporting:

  1. Fear of retaliation: Many residents fear retaliation from abusers or the facility, leading to "learned helplessness" [2].
  2. Inability to report: Mental or physical incapacity may prevent residents from reporting abuse [2].
  3. Dependence on caregivers: Residents may fear losing future care if they report abuse [2].
  4. Shame and disbelief: Feelings of shame or concerns about not being believed, especially in cases of sexual abuse, can deter reporting [2].
  5. Inadequate inspections: A May 2023 congressional investigation found that most states have nursing home inspection backlogs due to stalled federal funding, resulting in fewer inspections [1].

Understanding these statistics, risk factors, and reporting challenges is crucial to addressing the issue of nursing home abuse effectively. It highlights the need for improved oversight, better staff training, and enhanced support systems to protect vulnerable elderly residents.

Our Legal Team Gets Results

Attorney Michael C. George has years of experience along with an outstanding success rate in handling assisted living injuries throughout Florida. He has fought for and won, millions in settlements for families and seniors because of harms to clients based on carelessness or outright neglect in an assisted living community. Attorney George holds the honor of being recognized by his fellow trial lawyers as a member of the Million Dollar Advocates Forum made up of those trial attorneys who have won settlements of millions of dollars. Less than one percent of US lawyers have attained this prestigious membership.

Attorney George has handled thousands of negligent cases, during which he was available to his clients 24 hours a day and seven days a week.  His experience makes him highly qualified to take on even the most complex personal injury cases. Attorney George has battled against many of the nation's largest insurance companies to ensure that his clients get everything they deserve for their injuries and losses.

Key Responsibilities of Nursing Home Abuse Lawyers

Nursing home abuse lawyers play a crucial role in protecting the rights of elderly residents and their families. These specialized attorneys have a range of responsibilities that help ensure justice for victims of abuse and neglect in care facilities. Their duties encompass various aspects of legal representation, from initial case evaluation to courtroom advocacy.

Case Evaluation

The first step in addressing nursing home abuse is a thorough case evaluation. Attorneys begin by discussing the alleged mistreatment with the victim or their family members, including the resident's history at the nursing home and their physical and mental capacities [3]. This initial consultation is typically offered free of charge, making it risk-free for families to determine if they have a valid claim [4].

During this phase, lawyers gather and analyze relevant evidence, such as medical records, photographic evidence, and witness statements [5]. They may also consult with nursing home expert witnesses to review the case and determine whether there was a breach in the standard of care [6]. This comprehensive evaluation helps attorneys assess the strength of the case and decide on the best course of action.

Legal Strategy Development

Once a case is accepted, nursing home abuse lawyers develop a robust legal strategy to pursue justice for their clients. This involves several key steps:

  1. Determining the proper party to bring the lawsuit, which may be the patient, their guardian, or the personal representative of the deceased's estate in wrongful death cases [6].
  2. Filing the lawsuit in the appropriate court system and notifying the defendants [4].
  3. Engaging in the discovery process, which includes exchanging information with the nursing home's attorneys through written questions (interrogatories) and document requests [6].
  4. Preparing for potential arbitration if an agreement was signed with the nursing home [6].
  5. Negotiating settlements on behalf of their clients, aiming to secure the highest possible compensation [4].

Attorneys leverage their knowledge of elder abuse laws and relevant case law to build a strong case [3]. They work to prove that the nursing home failed to meet the standard of care and that this failure resulted in harm to the resident [6].

Representation in Court

While many nursing home abuse cases are settled out of court, attorneys must be prepared to represent their clients in trial if necessary. This involves:

  1. Presenting a compelling case to a judge or jury, demonstrating the defendant's liability [5].
  2. Utilizing expert witnesses to testify about the standard of care and how it was breached [6].
  3. Advocating for fair compensation to cover medical bills, emotional distress, and other damages resulting from the abuse or neglect [4].
  4. Guiding clients through the entire legal process, from initial filing to the final verdict [3].

Throughout the legal proceedings, nursing home abuse lawyers provide regular updates to their clients on the status of the case [5]. They serve as compassionate advocates, working tirelessly to hold negligent facilities accountable and to prevent future instances of abuse.

Proving Nursing Home Abuse and Neglect

Types of Evidence

Proving nursing home abuse and neglect requires a comprehensive approach to gathering and presenting evidence. Documentation forms the backbone of any negligence case, helping to establish a clear and credible timeline of events that illustrate patterns of abuse or neglect [7]. Key types of evidence include:

  1. Medical records: These can reveal inconsistencies, unnecessary treatments, or unexplained injuries [8].
  2. Photographs: Visual evidence of injuries, unsanitary living conditions, or unsafe premises can be powerful in proving claims [8].
  3. Witness statements: Testimonies from other residents, family members, or facility employees can provide crucial insights into the quality of care [8] [7].
  4. Facility records: Care schedules, medication logs, and incident reports can offer compelling evidence of negligence [7].
  5. Inspection reports: Past inspections and citations can demonstrate a history of violating state requirements [8].
  6. Ombudsman records: These can reveal a history of complaints against the facility [8].

Proper documentation involves detailed and timely record-keeping of all incidents and interactions related to the resident's care. It's crucial to include dates, times, involved individuals, and thorough descriptions of each incident [7].

Expert Witnesses

Expert witnesses play a vital role in nursing home abuse cases, providing specialized knowledge and credibility to strengthen the case [9]. These professionals can include:

  1. Medical experts: Clinicians, nurses, and psychologists who can assess the standard of care and identify deviations from proper protocols [9].
  2. Nursing home administrators: They can provide insights into industry regulations and best practices [9] [10].
  3. Life care planners: These experts can help quantify future healthcare needs and related costs [9].

Expert witnesses serve several crucial functions:

  • Determining the expected quality of care and establishing liability for the facility's failure to meet this standard [9].
  • Identifying patterns of negligence within the facility [9].
  • Assessing past incidents and predicting future consequences of abuse [9].
  • Providing comprehensive analysis of medical records and facility policies to identify crucial details or discrepancies [9].

The testimony of these experts can be highly persuasive to judges and juries, often playing a critical role in the success of nursing home abuse cases [9].

Burden of Proof

In nursing home abuse cases, the burden of proof typically rests on the plaintiff or the person filing the suit [11]. This means the plaintiff must provide enough evidence to support their claims and prove that the allegations are true [11].

The standard of proof in civil cases, including nursing home abuse, is usually "preponderance of evidence." This means the plaintiff must show that it is more likely than not that the defendant caused harm or damages [11].

To meet this burden, plaintiffs must demonstrate that:

  1. The nursing home owed a duty of care to the resident.
  2. This duty was breached through negligence or abuse.
  3. The breach resulted in harm or injury to the resident [11].

Understanding the burden of proof is crucial for building a strong case. It helps in determining what evidence to gather and how to present it effectively to prove negligence or abuse in a nursing home setting [11].

Compensation in Nursing Home Abuse Cases

Nursing home abuse compensation is a financial payment awarded to older adults who have been wrongfully harmed while living in a long-term care facility. This compensation, whether awarded through a settlement or trial, aims to address the financial, physical, and emotional expenses resulting from abuse or neglect. The average nursing home abuse settlement amount is $236,294.96, with cases often settling between $150,000 and $350,000 [12]. However, some cases may result in higher or lower amounts depending on various factors.

Economic Damages

Economic damages refer to the quantifiable financial losses suffered by the victim due to nursing home abuse. These damages are relatively straightforward to calculate as they have set values and can be verified through records. Examples of economic damages include:

  1. Medical bills
  2. Prescription medications
  3. Lost wages (if applicable)
  4. Property damage
  5. Stolen money
  6. Costs of moving to another nursing home
  7. Funeral expenses (in wrongful death cases)

It's important to note that most nursing home residents live at the facility permanently due to mental or physical conditions and may not have lost wages [13]. However, they may require medical care to recover from abuse or neglect, which can contribute significantly to economic damages.

Non-Economic Damages

Non-economic damages are less tangible and more challenging to quantify than economic damages. These damages compensate for the pain and suffering experienced by the victim. Examples of non-economic damages include:

  1. Physical or emotional pain and suffering
  2. Mental anguish
  3. Loss of enjoyment of life
  4. Fear, embarrassment, or humiliation

Non-economic damages are subjectively evaluated by the jury and may include compensation for the victim's inability to enjoy activities they previously could [14]. For instance, after certain brain or spinal injuries, individuals who once enjoyed an active lifestyle may find themselves severely limited, leading to reduced social contact and altered quality of life.

Attorneys typically use a standard formula to calculate non-economic losses, often multiplying the total economic damages by a factor between 1.5 and five, depending on the case details [13].

Punitive Damages

Punitive damages are extraordinary damages awarded in cases of gross negligence, intentional misconduct, or willful and wanton behavior. Unlike compensatory damages, punitive damages are intended to punish the wrongdoer and deter similar conduct in the future.

In Florida, for example, nursing home punitive damages can be awarded up to:

  1. Three times the amount of compensatory damages or $1 million, whichever is greater
  2. Four times the amount of compensatory damages or $4 million in cases of unreasonable financial gain and known high likelihood of injury [15]

Punitive damages are particularly relevant in cases where nursing homes intentionally understaff facilities to increase profits, which has been repeatedly held as reckless conduct warranting such damages [15].

It's worth noting that while punitive damages can significantly increase the overall compensation, they are not commonly awarded in personal injury settlements [16]. The decision to award punitive damages is typically made by a judge or jury to send a strong message that abusive treatment of the elderly will not be tolerated.

Conclusion

The fight against nursing home abuse has a significant impact on the lives of vulnerable seniors and their families. Lawyers specializing in this field play a crucial role to protect the rights of elderly residents and hold negligent facilities accountable. By gathering evidence, working with expert witnesses, and navigating complex legal processes, these attorneys strive to secure fair compensation for victims and prevent future instances of mistreatment.

As awareness of nursing home abuse grows, it's essential to remain vigilant and take action when suspicions arise. Families should be proactive in monitoring their loved ones' care and not hesitate to seek legal help if they suspect abuse or neglect. With the right legal support, victims can receive the justice they deserve and contribute to improving the quality of care in nursing homes across the country.

Possible Injuries Sustained in Assisted Living Locations

The fact that the elderly can often experience accidents because of tripping; taking medicine improperly; lack of focus; memory loss, and other functions that occur when aging, they need additional care and assistance. Many families and their elderly family members choose to move into an assisted living development. This decision can be a difficult one for all involved but is sometimes the only choice they have.

Unfortunately, it is these types of injuries that most often occur to elderly residents who have been neglected or abused:

  • Untreated bed sores
  • Weight loss that is excessive or sudden
  • Unexplained bruises
  • Paleness
  • Poor hygiene
  • Cuts or wounds
  • Malnutrition
  • Erratic medication dosing
  • Unchanged dressings
  • Infections
  • Financial abuse
  • Emotional abuse
  • Elder self-abuse
  • Sexual harassment, and more

Discovering Who is Responsible for Injuries

Because family members and friends cannot be with their loved ones 24 hours a day, residents are open to harm when they are alone. Even when those who are responsible for a senior's care visit often, there are times when an unscrupulous or careless individual can neglect or harm the elderly resident.

Potentially liable parties can include:

  • Nurses (The Medicare program requires that nursing facilities screen and monitor elders for signs and symptoms associated with mistreatment.)
  • Professional at-home caregivers
  • Medical professionals
  • Orderlies
  • Any person involved in the care of an elderly person

Anyone who suspects elder abuse is occurring and does not report it can be held liable by both civil and criminal legal systems if they know of the alleged violation and intentionally do not verbalize it.

Abuse can continue and escalate if not reported. Get advice and understanding from the Law Office of Michael C. George; Florida assisted living injury lawyer.

Damages Resulting from an Injury

When an individual has suffered injury due to the negligence or willful neglect of another person in an assisted living facility in Florida, it is considered a felony. If there has been no bodily harm, the abuse is considered a third-degree felony. If there is severe bodily harm, the case is a first-degree felony.

Punishment for assisted living injuries due to neglect or abuse can take the form of as much as five years in prison for a third-degree felony and up to thirty years for a first-degree felony. Other penalties include:

  • A charge of aggravated neglect (a second-degree felony) which is punishable by as much as 15 years in prison
  • Financial abuse punishment related to the amount of money taken: over $100,000 is a first-degree felony, from $20,000 to $100,000 is a second-degree felony

In some cases, an individual faces suit in civil court for the exploitation of an aging individual. A suit like this is known as a non-criminal abuse of an elder. The plaintiff may receive punitive or actual damages for the abuse, neglect, or exploitation caused by the person.

FAQs

What type of abuse is most frequently reported in nursing homes?
Emotional abuse, including verbal or psychological harm, is the most frequent type of abuse reported in nursing homes. This form of abuse involves insulting or threatening residents to exert control over them. According to the World Health Organization, over 32% of nursing home staff admit to engaging in emotional abuse of residents.

What obstacles are encountered when addressing abuse claims in nursing homes?
Challenges in addressing nursing home abuse often include the victim's inability to testify due to mental or physical incapacity. Additionally, even if victims are articulate, their reliability may be questioned by the nursing home, attributing their testimony to confusion associated with aging. This often results in a significant lack of evidence to support abuse claims.

Can you provide examples of abuse in nursing homes?
Abuse in nursing homes can manifest in various ways, such as physical abuse (hitting or pushing residents), neglect (ignoring the needs or requests of residents), and financial abuse (stealing money or personal belongings from residents).

How can one report nursing home abuse in California?
To report abuse in a nursing home in California, you can contact the local Long-Term Care Ombudsman Program, call the Long-Term Care Ombudsman CRISISline at 1-800-231-4024, or reach out to the local police or sheriff's department. Additionally, the California Department of Social Services can be contacted at 1-844-538-8766 for assistance.

The Law Office of Michael C. George, P.A.

What sets Attorney George apart is the sincere and authentic care he feels toward his clients. He and his team have enormous compassion for the individuals they represent and are disturbed by the willful and careless conduct of some people. His sole focus is getting the results that his clients deserve. His primary goal is to ensure that his clients receive the respect and courtesy they deserve.

When you need us, contact us, and we will respond as quickly as we can. Your rights and your well-being are what we fight for now and will continue to fight for in years to come.