Tampa Assault & Battery Attorney
Nursing Home Abuse Attorney Serving Clients in Assault and Battery Cases
Nursing home abuse is a serious problem that is typically underreported around the country. Abuse in a nursing home can take many forms, including neglect, financial abuse, and most certainly, physical abuse. Assault and battery is one of the most troubling types of abuse that can occur. While patients can be attacked by nursing home staff members, attacks have occurred between patients, family members, or even other people who happen to come into the nursing home.
If you or a loved one have been the victim of assault and battery in a long-term care facility, it’s important to speak with an experienced Tampa nursing home abuse attorney to understand what your legal rights are.
Assault and Battery in Florida
While typically linked together, assault and battery are actually two separate actions in a legal context. They are both intentional torts, which mean the offender purposely intended to cause harm or damage to another person. However, they are distinct actions. Assault is where you threaten to inflict injury on someone else, but there is no physical contact. The person has a well-founded fear that violence will follow. Battery is an actual physical act of violence, which can include unwanted touching. The main difference in assault and battery cases versus other personal injury cases is the act is intentional. A slip and fall or car accident may be caused by someone’s negligence, whereas battery is an intentional act.
Nursing Home Examples of Assault and Battery
In a nursing home setting, there are many actions that can qualify as assault and battery. These include the threat or action of:
- Sexual assault or rape
- Improper confinement or use of restraints
What are Potential Warning Signs of Abuse?
In some cases, it can be hard to detect physical assault and battery in nursing home patients. Sometimes, the staff will go out of their way to hide the abuse, or a caregiver will blame the abuse on something else like mental deterioration, frail physicality, or another medical condition. While the signs may not always be overt and easily recognizable, there are some potential warning signs that you should be on the watch for. These include:
- Broken bones
- Unusual or sudden changes in patient’s behavior
- Unexplained cuts, bruises, or scars
- Patient’s reluctance to talk when a nursing home staff member is in the room
- Signs of being restrained
- Sprains and dislocations
- Wanting to be isolated from other residents
- Staff does not allow patient to see family members or visitors
- Unexplained death
Don’t overlook the emotional and psychological damage that physical abuse can cause. The emotional trauma a patient feels can be overwhelming, especially since they are less likely to defend themselves from an attack or get help on their own.
Retaining a Florida Nursing Home Abuse Attorney
If you suspect a loved one has been the victim of nursing home abuse, it’s important to speak with a knowledgeable and experienced attorney. At Kohn Law we have experience in nursing home abuse cases, including assault and battery. Contact our Tampa office at 813-428-8504 to schedule a consultation.