Tampa Nursing Home Abuse Attorney

Tampa nursing home abuse attorney Kim Kohn has vast and unique experience in zealously representing her clients and have had tremendous successes.

What is Nursing Home Abuse Under Florida Law?

The NCOA makes clear that nursing home abuse can take many forms, including “physical abuse, emotional abuse, sexual abuse, exploitation, neglect, and abandonment.”

Elder abuse under Florida law (Fla. Stat. § 825.102), which the statute describes as “abuse of an elderly person or disabled adult,” is defined as one of the following:

Inflicting injury upon an elderly person or disabled adult;
An intentional act that could result in injury to an elderly person or disabled adult; or
Active encouragement of any person to commit an act that could result in injury to an elderly person or disabled adult.

Florida takes nursing home abuse extremely seriously, and a person who is found to have committed abuse of an elderly person faces criminal penalties for a third-degree felony. The penalties become more serious when a person knowingly or willfully commits elder abuse and it results in great bodily harm or permanent injury to an elderly adult.

It is important for families in Tampa to understand that, even though the Florida statute makes clear that there are criminal penalties for elder abuse, seniors and their families also may be eligible to file a personal injury lawsuit to seek compensation for injuries. A nursing home abuse lawsuit is one particular type of personal injury claim, which is a civil lawsuit through which the plaintiff can seek financial compensation for losses. Contact our experienced Tampa nursing home abuse attorney today, we can help.

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DIFFERENT TYPES OF NURSING HOME ABUSE CASES WE HANDLE IN TAMPA

Kohn Law, we regularly assist plaintiffs with a wide variety of nursing home abuse cases for elderly residents and their families. The following are examples of the types of nursing home abuse claims we handle:

· Nursing home neglect: Nursing home neglect can occur when a nursing home or assisted-living facility fails to provide adequate care for patients. This type of abuse does not necessarily signal that the staff member willingly or knowingly engaged in nursing home abuse, but rather that by neglecting to provide proper care, the patient suffered injuries. At the same time, neglect can be intentional if a staff member purposefully avoid providing adequate care to patients.

· Bed sores: Bed sores are also known as pressure ulcers, according to the Mayo Clinic. These are a particular type of injury to the skin that results from “prolonged pressure on the skin.” In many cases, bed sores develop on areas of the skin that bony, such as a person’s hips or tailbone. This type of injury is commonly associated with a patient who spends a substantial amount of time in a bed or chair. Bed sores can result from nursing home neglect.

· Broken bones: Broken bones in a nursing home can result from physical abuse, as well as from neglect. In some situations, a patient does not know that he or she has a broken bone, and injuries can worsen without proper care. For example, a patient may develop an infection that requires hospitalization, and in some cases a serious infection can lead to the patient’s death.

· Physical abuse: The National Council on Aging (NCOA) emphasizes that physical abuse frequently occurs at the hands of an elderly person’s caregiver. Providing care for a senior can be stressful, and many staff members at facilities are not properly trained. At the same time, nursing homes have a duty to provide proper training and to ensure that employees do not have backgrounds that could more likely result in physical abuse against a patient. Physical abuse can involve hitting, striking, restraining, or otherwise harming a patient.

· Dehydration: All nursing home patients require enough fluids to stay hydrated. This is particularly important for nursing home residents who need assistance maintaining a proper diet. Dehydration often results from nursing home neglect, or the failure to monitor a patient’s day-to-day health needs.

· Malnutrition abuse: Malnutrition afflicts nursing home patients much too often. While it can be difficult to determine whether a nursing home patient is eating his or her food and is eating nutritiously, nursing homes have a duty to make sure that the nutrition needs of all patients are met. Malnutrition often occurs in cases of nursing home neglect, and particularly in facilities that are understaffed.

· Falling incidents: Falls in nursing homes typically occur when a patient is not properly monitored by staff. In most cases, falls are tied to nursing home neglect. Falls can happen in almost any situation, including out of a bed, out of a chair, in the shower, in the bathroom, and even in the hallway of a facility.

· Emotional abuse: Emotional abuse can be more difficult to identify given that it does not often have any physical signs or symptoms. However, emotional and psychological abuse are serious problems in nursing homes, and they often accompany physical abuse. When a senior seems withdrawn or shows shifts in behavior, it is important to consider whether that elderly nursing home resident is suffering emotional abuse.