What Can I Do if My Elderly Relative Dies From Nursing Home Abuse or Neglect?

The decision to place a loved one in a nursing home is never easy, but it is often made with the hope that they will receive the care and attention they need. Tragically, nursing home abuse and neglect are all too common, and the consequences can be devastating. If your elderly relative has died as a result of nursing home abuse or neglect in Florida, it is important to understand your legal rights and the steps you can take to seek justice.

What is considered Nursing Home Abuse and Neglect?

Nursing home abuse and neglect encompass a range of harmful behaviors and failures to act, which can lead to serious injury or death. Understanding these terms is the first step in recognizing the problem and taking action.

• Abuse: This includes physical, emotional, sexual, and financial abuse. Physical abuse might involve hitting, slapping, or inappropriate use of restraints. Emotional abuse includes verbal assaults, threats, and humiliation. Sexual abuse involves any non-consensual sexual contact. Financial abuse includes the illegal or unauthorized use of a resident's money or property.
• Neglect: This occurs when nursing home staff fail to provide the necessary care, resulting in harm to the resident. Neglect can include failure to provide adequate nutrition, hydration, medication, personal hygiene, or assistance with daily activities.

Signs of Nursing Home Abuse and Neglect

Recognizing the signs of abuse and neglect is crucial. Common indicators include:

• Physical Signs: Unexplained bruises, bedsores, fractures, and weight loss.
• Behavioral Changes: Depression, anxiety, withdrawal, or fear of certain staff members.
• Poor Hygiene: Uncleanliness, soiled bedding, or inappropriate clothing.
• Medical Issues: Frequent infections, untreated medical conditions, or worsening of chronic illnesses.
• Financial Irregularities: Sudden changes in financial situations, missing belongings, or unauthorized withdrawals.

Legal Grounds for Filing a Lawsuit

If your elderly relative has died due to nursing home abuse or neglect, you may have grounds to file a lawsuit. The primary legal grounds include:

1. Wrongful Death: This claim can be filed if the death resulted from the negligent or intentional actions of the nursing home staff. You must prove that the abuse or neglect directly caused the death.
2. Negligence: This involves showing that the nursing home breached its duty of care by failing to provide the standard of care required, leading to the resident's death.
3. Breach of Contract: Nursing homes enter into contracts with residents and their families to provide a certain standard of care. A breach of this contract can be a basis for a lawsuit.
4. Violation of Resident Rights: Florida law protects nursing home residents under the Florida Nursing Home Residents' Bill of Rights. Violations of these rights can lead to legal action.

Steps to Take After the Death of a Relative Due to Nursing Home Abuse or Neglect

1. Obtain Medical Records: Gather all medical records and documentation related to your relative’s care. This includes hospital records, nursing home records, and any documentation of complaints or incidents.
2. Document Everything: Keep a detailed record of all communications with the nursing home staff, any signs of abuse or neglect you observed, and your relative's condition over time. Photographs of injuries and living conditions can be crucial evidence.
3. Report to Authorities: File a complaint with the Florida Agency for Health Care Administration (AHCA) and other relevant state agencies. An investigation by these authorities can provide additional evidence for your case.
4. Consult an Experienced Attorney: Contact a lawyer who specializes in nursing home abuse and neglect cases. An attorney can help you navigate the complex legal process, gather evidence, and build a strong case.

How Domnick Cunningham & Yaffa Can Help

At Domnick Cunningham & Yaffa, we understand the emotional and financial toll that the death of a loved one due to nursing home abuse or neglect can take on a family. Our experienced team of attorneys is dedicated to holding negligent nursing homes accountable and securing justice for victims and their families.

• Comprehensive Case Evaluation: We offer a thorough evaluation of your case to determine the best course of action. Our lawyers will review medical records, interview witnesses, and gather evidence to build a compelling case.
• Expert Legal Representation: Our firm has a proven track record of success in nursing home abuse and neglect cases. We will aggressively pursue your claim, whether through negotiation or litigation, to ensure you receive the compensation you deserve.
• Support and Guidance: We provide compassionate support and guidance throughout the legal process, keeping you informed and involved every step of the way.

Potential Compensation

If your lawsuit is successful, you may be entitled to various forms of compensation, including:

• Medical Expenses: Reimbursement for medical bills related to the abuse or neglect.
• Pain and Suffering: Compensation for the physical and emotional distress experienced by your loved one before their death.
• Funeral and Burial Costs: Coverage of funeral and burial expenses.
• Loss of Companionship: Compensation for the loss of companionship and support provided by your loved one.
• Punitive Damages: In cases of particularly egregious conduct, punitive damages may be awarded to punish the nursing home and deter similar behavior in the future.

Contact Domnick Cunningham & Yaffa Today

The death of an elderly relative due to nursing home abuse or neglect is a tragedy that no family should endure. While no amount of compensation can truly make up for the loss, taking legal action can provide a sense of justice and help prevent future abuse. If you believe your loved one died as a result of nursing home abuse or neglect in Florida, Domnick Cunningham & Yaffa is here to help you through this difficult time.

For a free consultation and to learn more about how we can assist you, contact Domnick Cunningham & Yaffa today. Your loved one's dignity and your family's peace of mind are our top priorities, and we are dedicated to ensuring that negligent nursing homes are held accountable for their actions.  Reach out to us at 561-516-5168 or book a consultation online to schedule a consultation and learn more about how we can assist you.