Articles Posted in Nursing Home Abuse & Negligence

It is a family’s worst nightmare: an elderly family member is placed into a nursing home or other care situation and suddenly shows signs of neglect or abuse. Unfortunately, nursing home abuse and negligence in Tamarac and other Florida communities is a very real concern and many families struggle each year to deal with the aftermath of situations like this. If you suspect that an elderly member of your family has been the victim of elder abuse in Tamarac or another Florida community, there are several things you can do:

1) Look for – and document – signs of abuse and neglect. One slip and fall accident in a Tamarac assisted living facility may be an accident but if you see multiple signs of abuse – such as fractures, weight loss, bruises, depression, poor hygiene, bed sores, and dehydration – it is important to gather evidence and information about these potential signs of abuse or negligence. If you do decide to pursue a claim, this documentation can also help your personal injury attorney in Tamarac or your community build a strong case.

2) Research the facility. You can visit the Agency for Health Care Administration website (www.fdhc.state.fl.us) to find out whether a facility has a list of previous violations. The Agency for Health Care Administration in Florida responds to complaints and conducts inspections of facilities. If you decide to file a complaint about the treatment your family member has received at a nursing home or other facility, this is the agency you would contact.

3) Remove the elderly loved one from the facility. If you believe that your loved one is in danger or is subject to abuse or negligence, seek an alternative care option. You may want to place your family member in another care facility or provide in-home care. If you decide to place your family member in another facility, research it carefully to ensure that it is a safe environment. No matter what type of care you decide to provide, make sure that you check in with your loved one to ensure that they are in a safer environment.

4) Contact a personal injury attorney in Tamarac or your community. An attorney can help you understand if you have a case and can help you review your legal options. Filing a legal claim can help you seek compensation, which can help you pay for quality care for your elderly family member.

5) Provide support and care for the victim. Elderly patients often struggle to overcome abuse and neglect. Fractures and other injuries may take longer to heal for an elderly patient, and the emotional trauma of abuse may take months or years to heal. Make sure that your elderly loved one has the support, counseling, and medical care needed to recover as fully as possible.

Continue reading →

Elder abuse and nursing home negligence is every Miramar family’s nightmare. Yet, elder abuse and neglect in Miramar occurs every year and families often struggle to bring about changes to the system while trying to keep their family members safe. If you need to report nursing home abuse and negligence in Miramar, you will want to:

1) Gather documentation and try to be specific when reporting the issue to nursing home staff and caregivers. Rather than saying that you suspect negligence, for example, take photos of unexplained bruises or injuries (with the senior’s permission, of course) and report specifics. For example, note when you visited an elderly patient and the exact conditions – such as odor, weight loss, or other symptoms – that you noticed at that time.

2) Let the victim of abuse or negligence have a say. One of the most difficult things for families is that elderly patients of care facilities will sometimes refuse services or help or will refuse to report abuse or negligence. A senior has the right to refuse help unless they no longer have the mental capacity to care for themselves. If a senior experiences abuse or negligence but refuses to seek help, you can still provide support by continuing to keep communication open and by letting the senior know about resources and alternatives. Eventually, the victim may feel that they can come forward and report the conditions they have been living in.

3) Continue to report abuse and neglect. Every report of a slip and fall accident in a Miramar care facility and every report of symptoms and abuse you see provides more documentation about the case and can make it easier for a senior to get help (even if the victim is not yet ready to come forward).

4) Get legal advice. Speaking with a personal injury attorney in Miramar or your community about elder abuse or neglect can help you understand all the options you have for helping a senior who may be suffering abuse or neglect.

5) Escalate your reports once the victim is ready to talk. In some instances of abuse and neglect, a victim is eventually willing to come forward, but the elder care facility may not respond quickly enough or appropriately in order to stop the abuse. If this is the case, you can speak with a personal injury attorney about filing a legal claim. You can also report the abuse or negligence to a state agency in order to get more attention in the matter.

Continue reading →

According to advocacy group Families for Better Care, 140 nursing homes and assisted living facilities are on Florida’s “watch list” for violating state standards or not correcting violations quickly. In fact, one in five facilities in the state are on the list. Twelve of the facilities have been on the list for over 100 days. According to Families for Better Care and other groups, the situation is especially concerning because the facilities are for profit, collectively making billions of dollars per year while patients are placed in potentially unsafe conditions in some cases. According to executive director for Families for Better Care Brian Lee and other experts, there are many things that families can do to help ensure their elderly loved ones are safe from nursing home abuse and negligence in Miami and across Florida:

1) Contact Florida’s Agency for Health Care Administration. This is the agency that inspects nursing homes and similar facilities. You can find out directly from this agency about any violations of state code. Lee feels that the Agency for Health Care Administration should send out information about nursing home violations. Currently, you need to contact the agency or visit the website to get the information, but while contacting them you can also encourage the agency to make this information more available.

2) Talk to other families. In many cases, anecdotal information can help you understand the quality of care at a facility – even if a facility has not yet been cited for violations. If a family has struggled with a facility because a loved one has suffered from drug-resistant MRSA infections, broken bones, dehydration, and other conditions, that can help indicate the level of care. If other families have loved ones who have experienced slip and fall accidents in Miami facilities or have been admitted with head injuries in Miami emergency rooms due to incidents at a nursing home, that is important information to know.

3) Go online to get more information. The website Floridahealthfinder.gov provides information from Florida’s Agency for Health Care Administration. You can find information by facility or search for nursing homes in a region by worst and best rated.

4) Visit facilities and speak with staff. Speaking with staff and visiting facilities before placing an elderly loved one in a nursing home is an important precaution and helps you determine which nursing home is best. However, once your elderly loved one is placed you should continue to visit and speak with staff in order to determine whether there are any safety concerns.

5) Keep communication open with an elderly loved one who is in care. Conditions in nursing homes can change quickly. Even if a nursing home facility has a great rating when you place your elderly loved one in it, new staff may be hired that does not provide the same level of care. Safety measures may change, as can the condition of the building. In addition, management may change hands, which can also affect the quality of care at the facility. If you keep communication open with an elderly loved one, you could be alerted when there are causes of concern.

Continue reading →

Families across Deerfield Beach and across Florida rely on nursing homes and assisted-living facilities in order to help them take care of elderly loved ones who can no longer take care of themselves. While many facilities do their best to provide safe, supportive environments, Deerfield Beach elder abuse as well as Deerfield Beach nursing home abuse and negligence are common concerns for families. Unfortunately, instances of Deerfield Beach nursing home abuse and neglect are all too common. If you suspect that an elderly loved one is affected by neglect or abuse in their assisted living facility or nursing home, there are several things you should do:

1) If you believe that a resident’s life is in danger, call 911.

2) Start by calmly speaking with the nursing home’s administration. If the situation is not immediately urgent and you do not believe that an elderly resident’s life is in danger, you should begin by speaking with the nursing home staff and administration. Most nursing homes and assisted living facilities do have policies in place in order to investigate and handle complaints as well as allegations of abuse and neglect. Where possible, present documented information about why you believe that neglect or abuse is taking place. While this is an emotional issue, attempt to stay calm and to give the administration a chance to investigate and react to the problem.

3) Contact a state agency and file a complaint. The National Council on Aging has resources about filing such a compliant. If the nursing home or assisted living facility is not adequately addressing issues about Deerfield Beach slip and fall accidents, unexplained injuries, or other signs of abuse and neglect, you may wish to file an official complaint. There are agencies in the state committed to helping the elderly avoid abuse.

4) Contact a personal injury attorney. If you are having trouble getting assistance from elderly resident you suspect may have suffered from abuse or neglect, you may wish to contact a Deerfield Beach personal injury attorney. An attorney can advise you of your rights, investigate allegations of abuse, and help you pursue compensation that can help you and your family pay for quality accommodations, medical care, and other costs related to keeping your family member safe.

5) Take notes and speak with your loved one. Where possible, gather documentation of neglect and abuse. This can help your Deerfield Beach personal injury attorney file a claim and can also make it harder for administrators to deny that any incident or abuse has occurred. As well, speak to your elderly loved one to see whether they would be willing to testify about neglect or abuse. All too often, elderly residents who have suffered neglect and abuse are reluctant to come forward, and this makes it more difficult to pursue those who target the elderly.

6) Find a new environment for your loved one. If your loved one has suffered neglect and abuse, you will of course want to remove them to a safe environment. You can do so by placing them in a new nursing home or facility, carefully researching ahead of time to ensure that the new facility seems safe and supportive. An attorney can also help you find resources that can help you find a safe place for your family member to stay.

Continue reading →

South Miami elder abuse is a serious problem for anyone who has an elderly loved one in a nursing home or assisted living facility. While these facilities are designed to help provide safe supportive environments for elderly residents who can no longer care for themselves, instances of South Miami nursing home abuse and negligence can occur. When an elderly loved one is the victim of physical, emotional, sexual, or financial abuse, the results can be devastating for the entire family. According to experts, there are ways to reduce the risk of something like this from happening to your family:

1) Research nursing homes carefully before making any decisions. If you have an elderly loved one who needs assisted living facilities, compare several nursing homes and facilities. Do your research carefully by checking to see whether there are any complaints against the facility. Speak to other residents and families about their experience and tour the facilities multiple times, checking staff and patient interaction as well as the standard of care in the facility.

2) Make sure to consider fellow residents as well as staff when evaluating the risk of abuse. Staff are not the only ones who can inflict abuse on a resident. In some cases, abusive residents can target fellow patients. Make sure that you determine what steps a facility takes to prevent this type of abuse. As well, check what the policy is for admitting patients and residents with criminal histories.

3) Make regular, unannounced visits to an elderly loved one. In many cases, keeping an eye for worrying symptoms – such as unexplained bruises or South Miami head injuries – is the best way to notice any signs of abuse. Unexpected visits are also more effective than planned visits as you can observe staff and residents at a time when a visit is not set up to make the facility look its best.

4) Find out what the policies are at the nursing home. Nursing homes should have clear, written policies to prevent abuse. These policies should include clauses to prevent injuries and abuse (for example, no-slip treads to prevent South Miami trip and fall and slip and fall accidents) as well as clauses that explain exactly what should occur if an accusation of abuse is made. Staff should be well versed in these policies so they know how to act when they see abuse take place.

5) Err on the side of wariness. No one wants to accuse nursing home staff of abuse or wrongdoing. However, if an elderly loved one is suddenly losing weight or has unexplained injuries it is your right to ask for an explanation and investigation. Willingness to dismiss troubling symptoms may allow abuse to continue.

6) Keep communication with a loved one as open as possible. In many cases, elderly residents at a nursing home are afraid to report abuse because they are embarrassed or afraid. Visiting your family member of friend at a nursing home and nursing home often and staying in touch via phone or letter can be an important way to ensure that an elderly loved one feels comfortable enough to share any concerns with you.

Continue reading →

The holidays can be a difficult time for the elderly, especially for those who are in assisted living facilities and nursing homes. For residents in these facilities, the holidays can be a lonely time, especially if friends and family do not visit. However, they can also be a vulnerable time in terms of Miramar nursing home abuse and neglect. Staff may be overworked and stressed out about the holidays, making abuse more of a risk and possibly creating escalated situations in cases where abuse is already taking place. In addition, financial stress can cause staff to take advantage of patients and can lead to financial abuse as well as neglect.

However, the holidays also present a good time for family and friends to spot possible Miramar nursing home abuse and negligence. The holidays are a great time to visit friends and loved ones in nursing homes and assisted-living facilities. There are many ways that you may be able to spot abuse and negligence at this time of year:

1) Plan a visit. Visiting friends and family in nursing homes and assisted-living facilities at this time of year can help you spot abuse, especially since abuse can escalate at this time of year due to understaffing and staff stress. Planning a visit can help you spot possible signs of abuse so that you can act on the signs before the situation escalates.

2) Plan some unannounced visits. Many nursing homes and assisted-living facilities have holiday celebrations or special arrangements for family and friends to visit. While you may wish to visit during these times, you may also wish to make some unannounced or unplanned visits to make sure that the assisted-living facility is still providing adequate staffing and adequate care even during the holidays.

3) Take the time to speak with an elderly person you love this holiday. The holidays can be a great time to catch up and to improve communication between you and a loved one. They can also be a great time to discuss things and to show that you care. Keeping lines of communication open is very important in encouraging the elderly to report any instances of abuse and neglect. All too often, the elderly are unwilling or unable to report abuse and negligence because they are frightened or ashamed.

4) Note any signs of depression or injury. When visiting an elderly loved one this holiday season, keep alert for any signs of Miramar elder abuse. Unexplained bruises and injuries are often a sign of abuse and neglect. However, depression as well as listlessness and withdrawal can also be serious signs that something is amiss. Unexplained Miramar trip and fall or slip and fall accidents as well as other injuries resulting from accident should be thoroughly investigated to your satisfaction.

5) Note and document any signs of financial distress. Financial distress may be more noticeable at this time of year, especially since abusers may be more likely to take advantage of an elderly person due to their own financial distress during the holiday season. If you notice that an elderly loved one seems to be having trouble paying for basics or cannot afford presents, this may be a good time to inquire about any possible signs of financial abuse.

Continue reading →

Carers who cater to the elderly can include friends and family who take care of the elderly as well as professional staff at nursing homes and car facilities. Carers are on the front lines, offering support for the elderly and providing a range of services, from driving the elderly to appointments to helping with feeding, cooking, washing, and everyday tasks. With the increase in awareness about Miami elder abuse and neglect, however, it is time to take a closer look at the support available for carers. Many of those who take care of the elderly put in a great deal of effort, but the job is stressful and can lead to problems that can in turn lead to Miami nursing home abuse and neglect as well as elder abuse.

According to a survey conducted by Carers Week, up to 87% of carers suffer from mental health issues as a result of their care work and 83% of carers report that they suffer from physical conditions as a result of their care work. Mental issues resulting from care work can include depression, anger management issues, and other problems. Physical issues can include back pain, injuries on the job, insomnia, and other problems caused by care work. When carers are injured or fall prey to depression and other issues, they are more at risk of unintentionally neglecting their charges. Situations of abuse are also more likely in these situations. As a result, paying attention to the carers in charge of a loved one is a vital first step in ensuring that an elderly loved one gets the care they deserve.

The first step is to consider professional care for an elderly loved one – whether that means a facility or a live-in carer. Those who have professional training usually have training that helps them deal with the pressures and demands of the job. If this is not an option, it is important to ensure that a family or friend offering care to an elderly loved one has the support needed to take care of themselves and their charge. It is important for that person to get breaks and time away from their tasks. Getting multiple friends and family members to help out can take the pressure from one carer and ensure that the primary person to care for an elderly loved one gets the time off they need. A support group or a counselor can also help a carer deal with the stress of the job.

In a care home, nursing home, or facility, it is important to ensure that carers who have day-to-day contact with patients and residents are carefully screened and have the support they need to do a good job. Overworked and stressed workers are a risk for everyone. It is therefore a good idea to ask plenty of questions, such as: What screening process do staff have to undergo? What procedures are in the place in the event of a Miami slip and fall accident or other problem? What type of resources and vacation time is available for staff? What system of checks is in place to uncover and address any instances of Miami elder abuse?

Continue reading →

Many people are aware of the risk of Miami nursing home abuse and negligence when they place a loved one in a nursing home, but a recent scandal suggests that all residents of assisted living facilities may be at risk – even those who are young but are placed in these facilities because they need additional help.

A series of newspaper investigations have uncovered neglect and abuse at Florida’s assisted living facilities and the Florida Institute for Neurologic Rehabilitation (FINR), a rehabilitation facility for head injury patients. The for-profit facility has room for 196 patients and offers care for those who are recovering from brain injuries and unable to care for themselves. A Bloomberg News investigation uncovered that abuse has been rampant at the facility, to the extent that at least one patient resorted to self-harm to be transferred to another facility.

According to Bloomberg News, the Florida Department of Children and Families has received 477 complaints about neglect or abuse at FINR since 2005. State investigators have verified 36 of the allegations, but the facility remained open. Concerned families have alleged that at least fatalities that occurred at FINR in recent years have been caused at least in part by neglect or abuse. Patients have alleged undue restrains, beatings, and other forms of abuse. Prosecutors have brought charges against three workers who used to work at FINR after videotapes appeared showing the abuse.

The cost of staying at FINR can be up to $1850 daily, according to Bloomberg News. Despite the high cost, however, families of patients say that little has been done despite numerous complaints. The Florida Department of Children and Families has stated that it looks at complaints and sends reports to law enforcement, Florida’s Agency for Health Care Administration, and the Florida Department of Health. Florida’s Agency for Health Care Administration has stated that the issues they uncovered in their own investigation were not under their jurisdiction so they referred the case to other agencies.

The Miami Herald has conducted a two-year investigation into assisted living facilities catering to the elderly and has found similar stories of neglect, abuse, preventable Miami slip and fall injuries, poor care, and other issues. The news stories highlight the importance of checking facilities and reporting any Miami personal injuries sustained at the facilities, but the cases also highlight the difficulty of making lasting changes. The elderly, the injured, and Miami head injury patients all deserve safe places to stay when they need help. There have been calls for changes and more regulation of assisted care facilities, but so far there seem to be few changes taking place. Some families have turned to Miami personal injury attorneys for help.

Continue reading →

There are over 160 000 Florida residents in long-term care facilities as of 2011, and that number is expected to increase as the population ages. Since Florida has a high number of seniors, it is not surprising that there many nursing home and care facility residents. What is surprising, however, is the number of instances of abuse and neglect in these facilities. In 2011 alone, the State of Florida received over 7500 complaints about elderly nursing home neglect and abuse.

When families decide to put their loved ones in a nursing home or car facility, they often make the difficult decision to do so because they need someone to provide excellent care for their loved one. Preventing Miami nursing home abuse and neglect, however, is about more than just placing a loved one in a nursing home. To prevent instances of abuse, families will also want to:

1) Select a nursing home carefully. Every nursing home resident has a right to live safely and comfortably. However, facilities vary widely. Take the time to visit several and ask to see official, written policies regarding employee screening, abuse compliant processes, and safety policies. Does the facility take care to help prevent Miami slip and fall accidents and other injuries? What policies will help protect your loved one? Are there gaps in the policies that make your loved one vulnerable? Ask to speak to current and past residents of the facility as well as their families.

2) Consider not just the nursing home, but everyone who individually comes into contact with your family member. Consider, for example, other residents of the nursing home or care facility. Are they safe? Are there policies in place to handle dangerous or violent nursing home residents? Each year, nursing home residents are assaulted and harmed by other residents. Find out if your loved one’s nursing home or care home has policies in place for screening residents as well as employees.

3) Become familiar with the Residents’ Bill of Rights and Florida Statute 400, both of which protect Florida nursing home residents. These will help you understand what rights you and your family member have.

4) Visit often. You should have the right to visit your loved one when you like. Take advantage of this to drop by. Get to know other residents and the specific employees who spend time with your loved one.

5) Trust your instincts. If your loved one seems unhappy or if you feel that something is amiss, ask questions until you get the answers you need. In many cases, victims of abuse are too afraid or embarrassed to come forward, so do not take assurances at face value; continue to seek answers.

6) Know the signs of Miami elder and nursing home abuse. Bruises, STDs, scratches, broken bones, weight loss, depression, poor physical condition, dehydration, and unexplained loss of money can all be signs of abuse of neglect. If you think that neglect or abuse has affected your loved one, speak to a Miami personal injury attorney about next steps and options to keep your loved one safe.

Continue reading →

If you have an elderly loved one in a nursing home or care facility, the summer poses some unique challenges. Elderly loved ones can be especially susceptible to heat stroke, dehydration, and other common summer ailments. It is important to visit loved ones in the summer and look for problems such as:

1) Inadequate time outdoors. Once the weather is pleasant, elderly loved ones should spend some time outdoors, enjoying fresh air. However, outings should be supervised to ensure no trip and fall accidents. In the summer, outings can ensure that patients do not suffer from bed sores and other types of neglect.

2) Ground maintenance issues. Care facilities may need to water lawns and gardens but any areas where patients walk should be kept free of debris, overhanging branches, and puddles. Even the puddles which form from sprinklers can increase the chances of a Florida slip and fall accidents, so it is important to ensure that the grounds are well-maintained and safe.

3) Insect bites. For bed-ridden patients and patients with decreased mobility, bed bites can be a serious problem. They can cause considerable discomfort and can even become infected if not attended to. Care facilities and nursing homes should have screens and netting in place to ensure that insects do not get into the facility too easily. Patients who go outside should not be left unattended for long periods of time. Any insect bites that do occur should be treated to ensure the patient’s comfort.

4) Heat stroke, sunburn, and dehydration. These common summer ailments can affect anyone, but elderly loved ones can be especially vulnerable if they need help with everyday tasks. Look for signs of problems, such as slurred speech, confusion, obvious signs of sunburn, and chapped lips. Patients should be given plenty to drink and should not be left outdoors in the sun for more than a few minutes. Elderly loved ones should get help applying sunscreen when they do go outside and there should be fans or air conditioning in use indoors to maintain a safe temperature.

Continue reading →

Client Reviews
★★★★★
Mr. Flaxman is highly skilled and very pleasant to work with. He communicated with me at every step in the process, and clearly presented information relating to my case. To anyone considering retaining his firm, I highly recommend him. Clara Barman
★★★★★
THE BEST. Honest, very knowledgeable, fast and easy. has helped me in numerous situations and has never failed me. Joe Gee
★★★★★
Charlie is a very skilled attorney that advocates hard for his clients. But the best part is he is an all around great guy. He cares about helping and doing what is right for people and his community. And he is not afraid to fight against those who do wrong or against threats to our world. He is fluent in Spanish as well. Do yourself a favor and call him. Andy
★★★★★
I had a lawyer on another case and I never spoke to the lawyer and I hated that I never knew what was going on in my case. Mr. Flaxman was in constant communication with me, explained everything to me, and his staff was really great too. My phone calls were always returned immediately. It was refreshing to be able to speak to my attorney personally. I would HIGHLY recommend Mr. Flaxman as an attorney to anyone who has been in an accident. Gloria
★★★★★
I found Mr. Flaxman to be an excellent attorney for my personal injury case. This is actually the second time I have used him and he really represented my interests. He explained everything thoroughly and he was very available for my questions. Carol
Contact Information