Skip to Content

What Compensation Can You Receive for Nursing Home or Assisted Living Neglect or Abuse?

November 16, 2018 | Category: Nursing Home Neglect/Abuse | Share

The National Mortality Follow-back survey estimated that more than 43 percent of all persons who turned 65 in 1990 or later will enter a nursing home at some time before they die.

What Compensation Can You Receive for Nursing Home or Assisted Living Neglect or Abuse?According to the U.S. National Research Council (NRC) in their book titled Elder Mistreatment: Abuse, Neglect, and Exploitation in an Aging America approximately 1.6 million people live in approximately 17,000 licensed nursing homes, and another estimated 900,000 to 1 million live in an estimated 45,000 residential care facilities. Research shows that 2.5 million vulnerable individuals are at a much higher risk for abuse and neglect than older people living at home.  

What kind of abuse occurs in nursing homes and assisted living facilities?

Focus group interviews of certified nursing assistants (CNAs) were conducted for the NRC study. The focus group defined abusive actions whether physical, verbal or psychological, as

  • aggressiveness with a resident
  • rough handling
  • pulling too hard on a resident
  • yelling in anger
  • threats
  • punching, slapping, kicking, hitting
  • speaking in a harsh tone, cursing at a resident, or saying harsh or mean things to a resident
  • no oral/dental care
  • not doing range of motion exercises
  • not changing residents each time they are wet after an episode of incontinence
  • ignoring residents who are bedfast, particularly not offering activities to them
  • not doing prescribed wound care
  • not giving residents regular baths
  • doing a one-person transfer when the resident requires a two-person transfer
  • not providing cuing or task segmentation to residents who need that kind of assistance to maximize their independence
  • not doing scheduled toileting or helping residents when they ask
  • not keeping residents hydrated
  • turning off a call light and taking no action on the resident's request 

Compensation for victims of nursing home or assisted living abuse

Sustaining injury because of the negligence of a nursing home, or assisted living, facility is recognized by Florida law as compensable injury or neglect. The injured may be entitled to receive monetary compensation for such things as

  • Medical expenses
  • Pain and suffering
  • Disability or disfigurement
  • Aggravation of pre-existing conditions 

“Please contact our experienced team should you or a loved one suffer neglect or abuse at a nursing home or assisted living facility. We are available 24/7 to assist you in determining your rights,” said Fort Myers Nursing Home Abuse Lawyer, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

 

 

Florida Nursing Home Negligence Attorney,Randall L. Spivey is a Board Certified Civil Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%)percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at  239. 337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com  for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.

 

 

 

Contact Us

Location

Spivey Law Firm Logo Spivey Law Firm 13400 Parker Commons Blvd.
Fort Myers, Florida 33912

(239) 337-7483

Free Consultation