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Negligent Security Seminar | March 2015

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    Nursing Home Abuse: How Do You Know?

    Nursing home abuse is a serious issue across the country. Some family members and other loved ones discover the abuse of nursing home or assisted living facility residents during visitations or upon hearing details from their senior loved one.

    Several sources point to data and other evidence of increasing incidents of nursing home abuse, including at facilities in Florida. Learn about nursing home abuse, the warning signs of potential abuse or neglect, and the damage experienced by victims.

    The Florida Statutes Chapter 429.28 Resident Bill of Rights specifically states that every resident of a facility has the right to “Live in a safe environment, free from abuse and neglect” and “Be treated with consideration and respect with due recognition of personal dignity, individuality, and the need for privacy.” Yet nursing home abuse and neglect often thrive despite these legal protections.

    How do you know if nursing home abuse exists? Read about these six warning signs:

    • Patient has poor personal hygiene because nursing home staff failed to make sure each resident is properly dressed in clean clothes, bathes properly, has their teeth brushed or dentures cleaned, and has their hair combed and nails clipped.
    • Unsanitary living conditions occur when nursing home staff fails to properly provide the safe, sanitary, comfortable environment for residents that federal law requires.
    • Lack of nutrition often shows as dehydration and malnutrition. According to the National Institutes of Health, researchers discovered that approximately 20 percent of nursing home residents experience malnutrition.
    • Lack of mobility occurs when nursing home staff fails to make sure residents move around to help prevent bedsores, infections and loss of mobility.
    • Injuries occur as a direct result of nursing home abuse or neglect when staff physically abuse residents, resulting in unexplained bruises, broken bones or other injuries. Falls and other incidents account for some injuries. Sexual assaults also occur in nursing homes.
    • Psychological damage from nursing home abuse potentially causes new fears and depression in residents.

    Attorney John Leighton represents victims of nursing home abuse and their families. Examples include Mr. Leighton and Max Panoff filing the first lawsuit after the 14 deaths at Hollywood Hills nursing home following Hurricane Irma.

    Mr. Leighton has a successful record of winning recoveries for victims of abuse and neglect, and for families of loved ones who died because of nursing home abuse or neglect.

    How can I tell if my loved one is being abused in a nursing home?

    Recognizing nursing home abuse can be challenging, especially when residents are unable or unwilling to communicate their experiences. Warning signs include poor personal hygiene, unsanitary living conditions, unexplained injuries like bruises or broken bones, and sudden psychological changes such as fear or depression. Other red flags include signs of malnutrition, dehydration, or lack of mobility, which may result from staff neglect. These symptoms often point to violations of Florida residents’ legal right to live in a safe, dignified, and respectful environment.

    What are common signs of neglect in nursing homes?

    Common signs of nursing home neglect include a resident appearing unbathed, wearing soiled clothes, or having unbrushed teeth and uncombed hair. Unsanitary room conditions or persistent odors also indicate a failure to provide the safe and comfortable environment required by law. Inadequate nutrition and hydration, bedsores, and preventable infections are often signs that staff are not attending to basic resident needs, potentially amounting to serious neglect under both federal and Florida regulations.

    Is malnutrition a sign of nursing home abuse or neglect?

    Yes, malnutrition and dehydration are often indicators of neglect in nursing homes. Research from the National Institutes of Health found that approximately 20 percent of nursing home residents experience malnutrition. When staff fail to monitor food and fluid intake, or do not provide adequate support during meals, it can lead to severe health consequences. Families should pay close attention to sudden weight loss, fatigue, or weakness, as these may be signs that their loved one is not receiving the necessary care.

    What types of injuries might indicate abuse in a nursing home?

    Injuries that could signal nursing home abuse include unexplained bruises, broken bones, or signs of physical trauma. While some injuries might result from falls, repeated incidents or suspicious explanations could point to abuse. Sexual assaults have also occurred in nursing homes. Anytime a resident suffers physical harm, it’s important to investigate whether it was due to staff actions or preventable neglect, especially when residents cannot speak for themselves.

    Can psychological symptoms be a result of nursing home abuse?

    Absolutely. Psychological damage from nursing home abuse can manifest as new fears, sudden withdrawal, anxiety, or depression in residents. These emotional shifts may result from verbal abuse, neglect, isolation, or traumatic physical abuse. If a previously content or sociable resident begins acting fearful or withdrawn, families should consider the possibility of psychological harm and look further into the facility’s practices and environment.

    What legal rights do nursing home residents have in Florida?

    Under Florida Statutes Chapter 429.28, nursing home residents have the legal right to “live in a safe environment, free from abuse and neglect” and “be treated with consideration and respect.” Despite these protections, abuse and neglect can still occur. When these rights are violated, residents and their families have grounds to pursue legal action against the facility to seek justice and compensation for harm suffered.

    Why should victims of nursing home abuse contact Leighton Panoff Law?

    Leighton Panoff Law, led by attorney John Leighton, is a proven advocate for victims of nursing home abuse and neglect. Mr. Leighton has secured significant recoveries for families affected by mistreatment in care facilities, including filing the first lawsuit after the 14 tragic deaths at the Hollywood Hills nursing home following Hurricane Irma. With a deep understanding of elder abuse law and a strong record of successful outcomes, Leighton Panoff Law offers experienced, compassionate representation for those seeking accountability and justice.

    Article by:

    John Leighton

    A nationally-recognized trial lawyer who handles catastrophic injury and death cases. He manages Leighton Law, P.A. trial lawyers, with offices in Miami and Orlando, Florida. He is President of The National Crime Victim Bar Association, author of the 2-volume textbook,Litigating Premises Security Cases, and past Chairman of the Association of Trial Lawyers of America’s Motor Vehicle, Highway & Premises Liability Section. Having won some of the largest verdicts in Florida history, Mr. Leighton is listed inThe Best Lawyers in America (14 years), “Top Lawyers” in the South Florida Legal Guide (15 years), Top 100 Florida SuperLawyer™ and Florida SuperLawyers (14 years), “Orlando Legal Elite” by Orlando Style magazine, and FloridaTrend magazine “Florida Legal Elite

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