Can You Sue a Nursing Home for Emotional Distress Alone in Florida?
Emotional distress in Florida nursing home abuse cases refers to the psychological trauma, mental anguish, and fear inflicted on residents through verbal or non-verbal acts. Placing a nursing home resident in emotional distress is a type of emotional abuse, which is the most common type of abuse in nursing homes. Residents experiencing emotional distress suffer serious harm such as depression, anxiety, or extreme behavioral changes.
Unlike other types of abuse, emotional abuse does not leave any physical marks. This often leads family members to question whether they can file a personal injury claim for compensation. It is possible to sue a nursing home for emotional distress alone. However, these cases are far more complex. Below, one of our Tampa emotional abuse lawyers explains further.
The Two Types of Emotional Distress Claims
The strategy used in a nursing home abuse case involving only emotional distress will depend on the type of claim that is filed. Emotional distress falls into two types of claims and they are as follows:
- Negligent infliction of emotional distress: If emotional distress was caused by negligent nursing home staff members, the Florida impact rule applies. This rule states that when filing a claim for compensation, emotional distress must be accompanied by a physical injury. However, there are exceptions that apply. If the distress physically manifests as hair loss, heart palpitations, or seizures, it is possible to file a claim. Additionally, the courts in the state have determined that any physical contact, regardless of how slight, can satisfy the impact rule.
- Intentional infliction of emotional distress: Often, emotional distress is caused intentionally. Staff members may verbally harass residents, isolate them intentionally, or belittle them. The impact rule does not apply in these cases, but the claimant must show that the harm was outrageous and extreme. This means they must prove that the behavior exceeded the bounds of decency expected by society.
The Florida Nursing Home Residents’ Rights Act
The above types of emotional distress claims apply to all personal injury cases. Nursing home residents have additional protections under the Florida Nursing Home Residents’ Rights Act.
The Act stipulates that nursing home residents must be treated with dignity and respect and be free from mental abuse. When these rights are violated, the law also allows nursing home residents and their loved ones to file a civil lawsuit for the wrongdoing. Through a lawsuit, residents can pursue compensation for non-economic damages such as emotional distress even if no physical injury is present.
Our Emotional Abuse Lawyers in Tampa Can Help Prove Your Case
Filing a claim for emotional distress only is possible, but it is also very complicated. At Kohn Law, our Tampa emotional abuse lawyers can advise on the next steps, help you collect the evidence that will strengthen your claim, and give you the best chance of a successful outcome. Call us now at 813-428-8504 or fill out our online form to schedule a consultation with one of our experienced attorneys and to get the legal help you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0400/0400.html
