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Nursing Home Abuse PDF Print E-mail
Written by karl   
Monday, 25 October 2010 03:06

Nursing Abuse in Miami

Nursing abuse could take in several forms. If an act will cause, emotional disturbance, physical difficulty or financial stress, it could be considered nursing abuse. A Miami Home Abuse lawyers should be able to identify a given situation if an act qualifies for a nursing abuse against an elderly. The Nursing Home Reform Act, provide some guidelines required for nursing home care providers. An elderly generally, needs companionship care, physical assistance to undertake some tasks particularly doing personal tasks and hygience, privacy and medical care particularly understanding the maladies of Alzheimer, Dementia and Parkinson’s disease.

What are considered Nursing Home Abuse?

Miami Home Abuse lawyers must see to it that the elderly are properly represented in court.

· Neglect of the Elderly. There can be no apparent proof of nursing home neglect. It can only be determined when the acts or services are performed contrary to the said guidelines causing injury or damage to the elderly.

· Abuse of the Elderly. Abuse can also be considered when there is neglect which is being done with intent to cause damage or injure an elderly. The act or services should be totally in disregard of the respect due for the elderly and taking advantage of their weakness and vulnerability.

Signs of Nursing Home Abuse

In order to assess whether or not there can be neglect or abuse of the elderly, let us discuss the needs of the elderly under the Nursing Home Reform Act:

(1) Respect to the elderly. An elderly has the right to be treated with dignity and respect.

(2) Financial assistance. Services and Fees is the nursing home must be taken cared of in writing before an elderly is committed to the nursing home.

(3) Handling of Money. An elderly person has the right to manage his property or to freely choose someone he can trust to manage his financial affairs.

(4) The right to privacy and use of property. It is a right of the elderly to keep his privacy and to make use of his personal belongings and property for as long as it does not interfere with the rights of others, health, or well being of other persons.

Filing a lawsuit

If the nursing home failed to abide by their obligation, in this instance, Miami Nursing Home Abuse lawyers may press charges against the nursery home management or personnel who cause neglect or abuse against an elderly. While criminal charges may be initiated by the prosecution in behalf of the victim or injured party. In this instance, monetary and damages are recoverable as compensation for the damage done.

Statute of limitations

Any discovey of neglect or abuse against an elderly should be acted upon immediately. The statute of limitations provides a limited period of time to file an action againts nursing home abuse. If no claims or charges are filed within such period, recovery of any claim shall be barred forever and the right to sue is terminated.

Seek assistance with Miami Nursing Home Abuse Lawyers

Nursing home lawsuits involved sensitive elderly people who are fragile and sensitive to any situation due to their advance age and physical ad mental condition. For positive results, nursing abuse cases should only be handled by expert lawyers who are familiar with nursing home laws and regulations. Our Miami Nursing Home Abuse lawyers are trained professionals to defend an elderly in a nursing home abuse suit. Visit MiamiEsq.com for more information or call (888) 338-3643 for free consultation with our Miami Attorneys today.


Last Updated on Wednesday, 28 December 2011 18:33

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