Elderly Financial Abuse in Florida Nursing Homes

Elder abuse is a prevalent issue that isn’t talked about by many. Unfortunately, one in six people over the age of 60 years old experience some kind of elder abuse in community settings, like nursing homes. The two most common types of elder abuse are psychological abuse and financial abuse. However, other types of abuse, like physical, neglectful, and sexual abuse all occur more than we may think. Long-term care facilities and family members are often at fault for these types of abuse. People often view the elderly as vulnerable, easy targets, which is why they experience these types of abuse. People believe that they can get away with their crimes against an older person, but that’s not the case. Here at Eberst Law Firm, we’ll help ensure that they are held liable for the damages they do. What is financial abuse? Financial abuse refers to the “misuse or withholding of an older adult’s resources by another,” as stated by the National Council on Aging. This financial exploitation is possible because older adults often require some degree of caretaking, like someone keeping their finances in order. When someone acts as a fiduciary through guardianship or power of attorney, it means they are to be trusted with...

What Responsibilities Do Nursing Homes Have to Keep Seniors Safe?

Do nursing homes have a legal obligation to keep their seniors healthy? Nursing homes are typically places that care for elderly people when they begin to have trouble taking care of themselves. But what happens when the staff doesn’t take care of your elderly relative and instead neglects them? How can you be certain that your nursing home is safe for your family member? A lot of this comes with investigation and word of mouth. It’s important to know what to expect from nursing homes before a family member enters into one. What kind of care can you expect for your parent, and how can you ensure that they’re happy and healthy? As many as 5,000,000 elders are abused every year. According to the National Center for Victims of Crime, 27.4% of elder abuse cases include physical abuse while 19.4% of cases include psychological abuse of any kind. Other types of abuse include sexual abuse and medical neglect. A study in 2009 found that 50% of people with dementia experienced some kind of abuse, in and out of nursing homes. Knowing that these kinds of elder abuse cases exist, what do nursing homes do to keep their seniors safe? What is Duty of...

Sexual Abuse of Nursing Home Residents

Florida Nursing Homes and the Sexual Abuse of Residents Nursing homes are essential for many families with elderly members that have reached an age where they can no longer take care of themselves. Families can often neither afford to provide everyday care for these elderly loved ones nor do they have the time. Nursing homes are intended to provide 24/7 care for these elderly family members in a safe and secure environment. Unfortunately, many of the elderly loved ones that are entrusted into the care of nursing homes end up experiencing abuse at the hands of those that were meant to be ensuring their safety. One of the primary, and most tragic, ways that this occurs is through sexual abuse. What is Nursing Home Sexual Abuse? Nursing homes are often sites of sexual abuse against elderly residents. This sexual abuse consists of the nonconsensual sexual assault of residents, rape, and sexual harassments that can all cause significant injuries and damages. Sexual abuse is defined as one person taking advantage of another through the use of forceful sexual behavior. Nursing home sexual abuse can happen to both male and female residents regardless of their age. Sexual abuse in nursing homes can also occur to people...

Common Types of Florida Nursing Home Abuse

Elderly Loved Ones Can be Injured in Nursing Homes Nursing homes are a setting where many elderly loved ones expect to live out their golden years in peace and relative safety. These facilities are expected to provide security, peace of mind, and medical care needed by the more fragile elderly residents that call them home. Some facilities fail in their duties to provide these amenities and even basic liberties we sometimes take for granted. As a result, elderly nursing home residents suffer through abuse that is painful both physically and mentally and results in significant damage. Nursing Home Abuse Lawsuits When an elderly loved one suffers injuries because of nursing home abuse it affects all those they are close to and can leave lasting scars both physical and mental. Those that caused this damage to an elderly loved one can be held liable for their negligence through a nursing home abuse lawsuit. By proving that a liable party was negligent and that their negligence caused the injuries sustained by the plaintiff, a nursing home abuse victim can recover the compensation needed to cover things like medical expenses and therapy for mental trauma. Eberst Law is a Florida personal injury law firm that specializes in providing experienced...

Hurricanes are Brewing in Florida

The month of June usually invokes thoughts of barbeques, beach trips and fun outdoor activities, but every Floridian knows that this extremely hot, muggy weather is often a harbinger of the dreaded “H” word: Hurricanes.  Hurricane season officially begins on June 1 and spans for half the year until November 30.  This year’s hurricane season is just weeks away, and it is alarming that a large number of Florida’s nursing homes and assisted living facilities are not up to par with backup power generator requirements, according to Sun-Sentinel newspaper. When Nursing Homes are Unprepared for Hurricanes, the Consequences are Potentially Lethal The agency for Health Care Administration informed people that only 35% of the 684 nursing homes across Florida have installed the required generators.  Governor Rick Scott tried to instate requirements for backup generators after twelve residents of the Rehabilitation Center of Hollywood Hills died in 2017 from illnesses and/or conditions related to Hurricane Irma taking out the Broward County facility’s air-conditioning system.  Since these traumatic deaths in the aftermath of Irma, Florida has revoked the license from the Rehabilitation Center of Hollywood Hills, concluding that this facility created an unsafe environment and that they didn’t take the appropriate measures to save lives after the...