Nursing homes are entrusted with the care of our loved ones. Residents depend on nursing home staff to provide them with a safe place to live, where they are well taken care of while maintaining their dignity. When they are not receiving the care they should be getting, or they are being neglected or abused, this can result in an illness, injury, or death.
Sadly, abuse recently occurred at a Florida nursing home. An employee at a nursing home in Dunedin was taken into custody on January 7 following an investigation. The 35-year-old man from St. Petersburg had reportedly beaten two residents with disabilities. He was arrested and charged with two counts of abuse or neglect of an aged or disabled person.
The investigation began on December 23 after another employee reported that two residents were abused by the man while he was working at Lake Haven Nursing and Rehabilitation Facility in Dunedin. The employee witnessed the man, a certified nursing assistant, hitting the victims multiple times. He had allegedly struck both victims “with force” on their legs, sides, and buttocks.
Both victims, who are adult males, are non-verbal and unable to communicate. One of the men suffers from a traumatic brain injury, while the other victim is a quadriplegic with intellectual disabilities. Both were evaluated and treated at the facility for non-life-threatening injuries.
The man was terminated from his position as a result of the abuse. He was booked into the Pinellas County Jail on January 7. The incident is still under investigation.
Physical Abuse in Nursing Homes
Nursing home physical abuse refers to the intentional use of force that results in injury, pain, or harm to a resident in a long-term care facility. It can happen in many ways, such as hitting, pinching, slapping, shaking, pushing, grabbing, handling in a rough manner, or injuring someone in another way. It also includes excessive or inappropriate use of physical restraints or drugs used to control a resident’s behavior.
Signs of physical abuse include:
- Unexplained injuries. Bruises, cuts, burns, or fractures without a clear explanation.
- Frequent hospital visits. Residents repeatedly needing medical care for injuries.
- Behavioral changes. Increased fearfulness, withdrawal, or agitation.
- Restraint marks. Bruising or abrasions on wrists or ankles.
- Delay in seeking medical help. Injuries not reported or treated promptly.
What causes abuse to happen in nursing homes? Here are several main causes:
- Understaffing. Overworked caregivers tend to get stressed out and may resort to rough handling.
- Lack of training. Nursing homes tend to cut corners, so they may not spend money on adequately training staff. Staff members end up with inadequate skills to manage patients with special needs.
- Resident vulnerabilities. Residents with disabilities or cognitive impairments like dementia do not have the capacity to communicate well. Because they may not be able to report the abuse, this may make residents more susceptible to it.
If you suspect physical abuse, it is important to act quickly to protect the resident and hold the responsible parties accountable. You have several options for recourse:
- Immediate action. Report suspicions to the nursing home administrator or state regulatory body.
- Adult Protective Services (APS). Contact APS for investigation and intervention.
- Legal representation. Family members can consult attorneys specializing in elder abuse to seek justice.
You can do your part to help prevent nursing home abuse by doing the following:
- Choosing homes with positive reviews, high staffing ratios, and transparent practices.
- Frequently checking in with residents to monitor their well-being.
- Encouraging residents to share their experiences and feelings.
How a Lawyer Can Help
A lawyer can play a critical role in addressing nursing home abuse by doing the following:
- Evaluating the case. A lawyer will assess the evidence, They can review medical records, witness statements, and other evidence to determine whether abuse or neglect occurred. They can identify who is responsible, such as staff members, the nursing home administration, or other parties.
- Filing legal claims. A lawyer can help file a lawsuit for damages, such as medical expenses, pain and suffering, or wrongful death. If the abuse involves criminal acts, they can assist in referring the case to law enforcement.
- Negotiating settlements. Lawyers often negotiate with nursing homes or their insurance companies to reach a fair settlement without going to court.
- Ensuring compliance with the laws. A lawyer ensures the nursing home is held accountable under laws such as the Nursing Home Reform Act, state elder abuse statutes, and other regulations.
- Providing guidance. You may feel overwhelmed about the process, but your lawyer can help. A lawyer can provide guidance, explaining the legal process and ensuring your rights are protected.
Contact Us Today
Nursing home abuse is a sad situation. Residents and their families should not have to worry about abuse and neglect in a care facility that costs so much money.
The team at Brill & Rinaldi, The Law Firm, can assist you with your nursing home abuse or neglect case. We have all heard the horror stories, but that does not mean your loved one has to live inside that horror story. We have the experience you need and will help you understand your legal options. Schedule a consultation today by calling (954) 876-4344 or filling out the online form. We have offices in Weston, Coral Gables, and Daytona Beach.