Is Nursing Home Abuse A Crime In Florida?
Nursing home abuse is an unforgivable act that targets one of the most vulnerable sectors of our society. This type of abuse falls under the definition of elder abuse, which is found in the Florida Statutes. Under this section of law, elder abuse is defined as neglect, intentional abuse, aggravated abuse, or exploitation of an adult aged 60 or older.
Nursing home abuse takes many forms and it is not always obvious. Regardless of the type of abuse, it can result in physical, emotional, mental, and even financial harm to the victim. Due to the fact that this type of abuse is so serious, Florida law outlines the criminal and civil penalties a person may face.
Nursing Home Abuse is a Felony in Florida
Under Florida Statute 825.103, nursing home abuse is a felony. The penalties one will face if convicted will depend on the type of abuse they are accused of. The penalties for nursing home abuse are as follows:
- First-degree felony: If an elder sustained serious bodily harm or was permanently disfigured, a person can be sentenced to up to 30 years in prison.
- Third-degree felony: If the abuse did not result in bodily harm to the elder, or permanent disfigurement, a person can still be sentenced to up to five years in prison.
- Aggravated neglect: When a person is convicted of aggravated neglect, it is considered a second-degree felony and a person can be sentenced to up to 15 years in prison.
- Financial abuse: Financial abuse is a very serious crime that is considered either a first or second-degree felony, depending on the amount of money or property in question.
Although a person may face criminal penalties if they are found guilty of nursing home abuse, the consequences will do little for the victim and their family. To obtain financial compensation for the abuse, the elder or a loved one must file a civil claim.
Civil Penalties for Nursing Home Abuse in Florida
Once nursing home abuse has taken place, the victim or one of their family members can file a civil claim to obtain damages, or financial compensation. The most common damages in nursing home abuse lawsuits are as follows:
- General damages, including physical pain and suffering, loss of enjoyment of life, and mental anguish
- Past, current, and future medical expenses
- Hospital costs
- Financial losses
It is not always easy to value a nursing home abuse claim. A nursing home abuse lawyer in Tampa will know how to accurately evaluate a claim so families claim the full damages they are entitled to.
Our Nursing Home Abuse Lawyer in Tampa Can Advise on Your Claim
If you or someone you love has been the victim of nursing home abuse, neglect, or exploitation, call our Tampa nursing home abuse lawyer as soon as possible. At Kohn Law, our seasoned attorney can help you remove your loved one from any danger they are in, and hold the responsible caregiver or facility accountable for paying the full and fair settlement you deserve. Call us today at 813-428-8504 or contact us online to schedule a free consultation.