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Elder Abuse Lawyers in Tampa, FLelder law attorney

Entrusting your loved ones to a senior care facility is never an easy choice. This is compounded with the worry that they are receiving the best possible care. If you or a loved one has been the victim of nursing home abuse or neglect you should act. Contact our nursing home abuse attorney specializing in nursing home abuse and neglect for help.

Rights of Nursing Home residents

Florida statutes guarantee rights to all nursing home residents. These rights include the right to civil and religious liberties and the right of independent personal decisions. Adults in care have the right to be fully informed of the process of their careFlorida elder law also requires the staff of any facility to assist its residents in exercising and enjoying their rights to the fullest possible degree. 

Perhaps the most important right nursing home residents have is the right to receive adequate and appropriate health care.  This care must provide protective and supportive services, including social services and mental health services.  These include the right to be treated courteously, fairly, and with the fullest measure of dignity possible. 

Per Florida Statute 415.1111, a vulnerable adult has the right to take action against a caretaker or facility responsible for abuse, neglect, or exploitation. The victim has a right to seek compensation or punitive action against those responsible. If they are unable to file this action themselves, it can be filed by a guardian, family member, or representative of the estate with the consent of the person in question. Contacting an experienced elder abuse attorney will ensure that violence or neglect against a senior in care will not go unanswered. 

Signs of Elder Abuse

Elder abuse cases found in assisted living facilities are most often due to problems within the staff—understaffing, insufficient training, and burnout. The mistreatment of your loved one may not be immediately recognizable without a trained eye, as abuse most often happens while the patient’s family is absent. Keep watch for the following signs of elder abuse:

  • Foul smells, dirty linens, or frequent infections
  • Change in demeanor or general mood
  • Showing fear or discomfort around nursing home staff
  • Refusal to eat or take medications
  • Sudden weight loss
  • Cuts or bruises

Types of Nursing Home Abuse

Whether intentional or through neglect, harm that comes to your loved ones should not be taken lightly. As these elders are partially or fully dependent on the competence of their caretakers, they are vulnerable to several forms of abuse or exploitation. All of the following warrant legal action represented by an experienced elder care attorney:

Physical Abuse

A verbal or physical threat of assault or actual physical battery of an elder is unacceptable, regardless of the circumstances. 


Inadequate care of elders in these settings can be life threatening. Improper medication administration, malnutrition or dehydration, bedsores, and poor hygiene are all risks born out of improper care. 

Emotional or Sexual Abuse

Elder abuse surrounding patients with cognitive disorders or dementia are uniquely insidious, as caretakers and staff may take advantage of or enact aggression against patients unable to defend themselves. 

Exploitation of Finances or Knowledge

Those fully dependent or lacking lucidity may be at risk of their personal information being taken advantage of. A caretaker with access to an elder’s financial information who misuses it, or one who manipulates knowledge from a disadvantaged patient for personal gain is engaging in elder abuse. 

There simply is no excuse for negligent behavior by the very people we entrust to care for our disadvantaged family members. And as such, they must be held accountable. The goal of our elder law attorney is to care for the victims of nursing home abuse and elder neglect victims, and to prevent further abuse from ever happening again.

Our elder law attorney & nursing home abuse lawyers can help with:

  • Failing to adequately staff nursing homes
  • Failing to screen the staff that are hired
  • Falsely claiming to provide superior care, while cutting costs
  • Keeping budgets so tight that care is inadequate
  • Abusive verbal communications
  • Abusive physical handling on the elderly
  • Negligent Security

The Nursing Home Reform Act

Elder Law is generally governed by the 1987 Nursing Home Reform Act.  This set of laws establishes the standards of care for elder nursing homes and assisted living facilities. The Nursing Home Reform Act commands that all facilities provide:

  • Individual care plans for each resident
  • Nursing services
  • Social services
  • Pharmaceutical and medication services
  • Nutritional and dietary services
  • In facilities with more than 120 beds, a full-time social worker
  • Rehabilitative services

The Residents’ Bill of Rights

The Nursing Home Reform Act guarantees the following rights to nursing home residents:

  • The right to freedom from abuse, mistreatment, and neglect;
  • The right to freedom from physical restraints;
  • The right to privacy;
  • The right to accommodation of medical, physical, psychological, and social needs;
  • The right to participate in resident and family groups;
  • The right to be treated with dignity;
  • The right to exercise self-determination;
  • The right to communicate freely;
  • The right to participate in the review of one’s care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility;
  • The right to voice grievances without discrimination or reprisal.

The Tampa elder law attorney at Kinney, Fernandez, And Boire, PA., knows what it takes to protect important members of your family. Our elder law attorney and nursing home abuse lawyers will aggressively defend the rights of the injured & abused. If you or a loved one has been injured or neglected in a nursing home or hospital, an experienced elder abuse attorney will help you take action.  The initial meeting with your personal injury lawyer is free. Additionally, we work on a contingency fee which means we only collect a percentage of what we recover for you.

Click Here: Important information regarding elder abuse & neglect in nursing homes and hospitals

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