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What Constitutes Nursing Home Negligence?

October 15, 2019

by ogkdev

personal injury attorney

Nursing home negligence happens when a nursing home facility or one of its employees breaches the duty of care owed to a resident. There are many ways this breach of duty might happen including physical abuse, sexual abuse, financial exploitation, neglect, and medical malpractice.

Just because a nursing home resident suffers an injury or dies doesn’t necessarily mean abuse or neglect has occurred; however, it is not unheard-of for these facilities to cover up evidence of wrongdoing in order to avoid liability. If you suspect abuse or negligence has happened, one of our Florida nursing home neglect attorneys can advise you on how to proceed.

Common Types of Nursing Home Abuse in Florida

There are numerous ways a nursing home resident might be mistreated to such an extent that a personal injury or wrongful death claim would be warranted. Below are a few common examples of nursing home abuse and neglect in Florida:

  • Neglect of Basic Needs: Every person has certain basic needs including food, water, reasonable shelter, hygiene, and the freedom to socialize. When nursing homes deprive residents of these essential needs, they may be held liable for any resulting damages.
  • Negligent Hiring or Training: When nursing home administrators fail to perform reasonable background checks or to train their caregivers adequately, the residents are usually the ones who pay the price.
  • Negligent Property Maintenance: If your loved one was hurt in a slip and fall, it is possible that negligent property maintenance or a lack of necessary mobility aids played a role.
  • Inadequate Security: Even if the caregivers were not the ones directly involved in the abuse, it may still be possible to hold the facility liable if the incident would have been prevented had there been adequate security.
  • Financial Exploitation: If your loved one makes undiscussed changes to his or her will or if you notice any missing possessions or ATM cards, forged signatures on documents, or money missing from your family member’s bank account, it is possible that he or she has been a victim of financial exploitation. You should immediately contact one of the Florida nursing home abuse lawyers at Donaldson & Weston.
  • Physical Abuse: Restraint marks, unexplained bruises, and various injuries that are on different stages of healing may all indicate physical abuse.
  • Sexual Abuse: It is incomprehensible that a nursing home caregiver would sexually abuse a resident, but this does happen. If your family member was diagnosed with any STIs, you should file a report immediately and contact one of the Florida nursing home abuse lawyers at Donaldson & Weston.
  • Medical Negligence: Nursing home residents rely on their medical providers to keep them vital and healthy. One drug error, misdiagnosis, or late diagnosis could be the difference between life and death. Our nursing home neglect attorneys can perform an investigation to find out if medical negligence might have contributed to your family member’s condition or death.
  • Defective Equipment: Nursing homes are like any other business in that they need to keep costs as low as possible in order to generate the maximum profits. This, unfortunately, may translate into defective or unsafe equipment being used in day to day operations. In some cases, a device that should be safe has a manufacturing defect that renders it dangerous, and the manufacturer may be held strictly liable for any resulting injuries or losses.