Nursing Home Abuse

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Legal Practice Area Description

Abuse & Neglect in Miami Nursing Homes

Nursing home abuse and neglect is one of the least-reported personal injury cases reported in America today, mainly due to the dependent status of victims who are unable to care for themselves and may be unable to communicate their need for rescue in cases of abuse, mistreatment or neglect. Negligent nursing home staff often has the upper-hand with regard to protecting their secret abuse, and may take a variety of measure to ensure that they are not caught.

In some cases, nursing home staff may delay or even revoke visitation if there is visible indication of abuse. In situations where visitation is inevitable, residents may be over-medicated to the point where they cannot communicate their own distress. Nursing home abuse is a serious charge, and the sooner you enlist the services of a skilled Miami personal injury lawyer, the better your chances for success. Click the links below for more information about this issue:

  • What is nursing home neglect?
  • Causes of nursing home abuse / neglect
  • Signs of nursing home abuse / neglect

What is nursing home neglect?

Neglect is another form of abuse that might not have as obvious of outward actions as other forms of abuse such as physical abuse. It is when the patient is ignored unintentionally or intentionally. When a person is neglected, there are a number of ways it can be done:

  • Insufficient Nutrition: The patient may not be fed sufficiently or are not checked to see if they are eating enough. This can lead to malnutrition and often times, elderly individuals already have enough issue in regards to keeping a healthy weight and getting all the nutrients they need.
  • Lack of Hygienic Care: The patient’s hygiene can also be overlooked. He or she may not be helped to the shower or may not be bathed if they are unable to do so on their own. Often times they will need help getting to the shower and if they try to do this on their own, they can fall and hurt themselves.
  • Poor Healthcare: The patient’s healthcare can be ignored as well. This may be a failure to give them their daily medication or to give it on a consistent basis; the right time and the right amount. They may be suffering with a health issue and this is not looked into so the issue continues to worsen.
  • Poor Supervision: Many patients suffer from poor memory or dementia. Patients who are able to get up and walk around on their own should be supervised at all times to ensure they do not wander or “elope,” since this can result in a slip and fall or other accident.

Common Issues that May Lead to Abuse or Neglect

There are many motives for committing nursing home abuse, although none are acceptable in the eyes of the law. Nursing homes can be over-populated and under-staffed, leading to increased healthcare provider stress and loss of patience. Some nursing home staff may have a personal problem with a specific resident based on a previous relationship or contempt for a visiting relative.

Other forms of medical negligence may be less nefarious in terms of general negligence, but can have serious consequences that may lead to infection, illness and death. These and all other types of nursing home abuse and negligence must be identified and exposed, not only so the victims can begin their recoveries, but also so these establishments can be reprimanded and resolved or eliminated.

Signs of Nursing Home Abuse & Neglect

Some of the more evident signs of abuse are physical. These can include:

  • Bruising
  • Broken bones
  • Open wounds
  • Other injuries

While you should not automatically assume that these are signs of abuse, you should not hesitate to ask questions. Don’t stop just once you’ve been told how the injury happened; continue asking to see if the story seems suspicious or if you get contradicting answers, or no answers at all. Many elderly individuals will try to cover up the incident out of embarrassment, fear and for other reasons. Just because they didn’t tell you anything doesn’t mean that it didn’t happen.

Physical signs are very important indicators, but emotional signs can tell a lot as well. These can include changes in behavior that are significant and out of character, such as:

  • Aggression
  • Depression
  • Fear
  • Seclusion
  • Signs of dementia (such as rocking back and forth)

Outside factors can tell a story as well. This may be through the behavior of a worker and if they appear to yell, belittle or threaten a patient. Abuse can also be financial and the elderly person’s accounts and belongings should be looked after to make sure that no one is taking advantage of them.

There are many indicators of abuse so staying alert is key.
Know what to look for so that you can protect your loved one.

Consult a Miami-Dade Nursing Home Abuse Attorney

Attorney Maria Rubio has dedicated her career to personal injury law and understands the need for retribution in cases where the victim is the resident of a nursing home who cannot protect themselves. Our firm will stand proudly to see that the perpetrators of this type of negligence are exposed and deemed liable for any and all damages available to the victim.

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Maria L. Rubio Law Firm in Miami

When you need a law firm in Miami, contact the MLR Law Group!

The victim of an accident caused by the negligent act of another person has the legal right to pursue financial compensation in a civil court. By detailing the injury, the circumstances and the ensuing struggles related to recovery, it is possible to recuperate any lost funds and receive additional compensation for future costs as well.

The Law Offices of Maria Rubio have a strong background in health and medicine, and understand many cases both from a medical and legal perspective. With a specialty in personal injury law, our firm focuses on the important details that make up a strong case. We will work hard to build a solid and compelling argument in our pursuit of a fair settlement or a judgment for financial compensation to cover any costs associated with the injury.

Contact a Miami personal injury lawyer if you have been the victim of an accident caused by another's negligence, and would like to discuss your options.