Personal Injury Attorney Serving the Elderly and their Families in Sunrise, Ft. Lauderdale, and West Palm Beach Areas

Elderly GentlemanOver 90 percent of nursing homes were cited for federal health and safety violations in 2007, according to the United States Department of Health and Human Services.Given the extraordinary number of violations, it should come as no surprise that outright abuse is widespread as well, although precise statistics are hard to come by. Why? Victims of abuse are often unable or afraid to make complaints about their treatment. Many victims will not even tell family members that they are being abused because they are afraid of being punished by the perpetrators for “blowing the whistle.” Furthermore, it can be hard to determine if a loved one is being abused unless you know the signs and symptoms to look for, which are not always obvious.

Signs of nursing home abuse.

Here are some indications that a person you love is being abused or neglected:

  • Bruises, scratches, scabs, and/or burns that cannot be accounted for
  • Cracked or dry lips
  • Extreme drowsiness, drooling or a vacant stare, all of which can indicate being over medicated or the administering of improper medications
  • The presence of restraints on beds or wheelchairs when the use of restraints has not been required or requested in the past
  • Rapid weight loss
  • Poor hygiene, such as dirty or uncut fingernails, knotted hair, dirty or stained clothing
  • Bedsores (often located on the back, buttocks, elbows and/or heels)
  • Extreme fear, agitation, anxiousness or anger
  • Depression and/or withdrawal
  • Confusion and disorientation
  • An unwillingness to discuss how one is being cared for or even what life is like at the nursing home
  • Genital bleeding or pain, bruising of the inner thighs, sudden difficulty sitting or walking, torn or bloody underclothing and/or a sexually transmitted disease. All of these can be symptoms of sexual abuse
  • Suddenly falling into a coma or dying without adequate explanation

Florida nursing home abuse lawyer David Benenfeld is committed to helping victims of abuse. He can put an immediate end to the abuse and obtain compensation for physical, emotional and/or financial injuries suffered by the victim.

Steps to Resolving a Nursing Home Abuse Claim

  • Notify the nursing home of the abuse using its standard grievance procedure. Nursing homes that accept Medicare and Medicaid are required to institute such procedures. If there is no formal grievance procedure, send a carefully drafted letter to the nursing home. Take whatever actions you need to remove your loved one from harm’s way.
  • Contact Florida Adult Protective Services. The caseworker will decide whether to begin an investigation. An investigation could yield evidence that might be useful in a civil claim.
  • Work with your lawyer to gather evidence to support your claim. Your lawyer will need to be familiar with nursing home regulations and medical malpractice law. He will also need to examine the contract with the nursing home.
  • Negotiate with the nursing home to resolve the issue. Two issues are paramount – (i) steps that need to be taken to ensure the proper care of your loved one, and (ii) compensation for any abuse.
  • Take your claim to court if the nursing home refuses to satisfactorily resolve the issue. The lawsuit complaint will need to be carefully drafted. And keep in mind that even after you file a lawsuit, negotiations can continue and a private settlement can still be reached.

You Probably Won’t Have to Go to Court

Most nursing home claims are resolved out of court. Sometimes, however, it is necessary to file a formal lawsuit complaint to get the nursing home to take your claim seriously. Once in a while, however, it will be necessary to take a claim all the way to trial. When this happens, rest assured that I am ready to fight and win – as I have done many times before.

Testimonial

“I hired David Benenfeld in November 2013 and he finished my case very fast. I was really happy with the results. I couldn’t be happier. He always kept us informed and always returned my calls and answered any questions that I had. Me and my family thank him and his staff.”
Sergio

Some of My Other Practice Areas

In addition to nursing home abuse cases, I also frequently take the following kinds of personal injury cases:

Peer and Client Recognition of David M. Benenfeld

David M. Benenfeld has enjoyed extraordinary success during his career as a personal injury and workers’ compensation lawyer, and the world has noticed:

Get the Process Started Right Away

The longer you wait to get the ball rolling on your concerns, the longer your loved one might be at risk. The time to act is now. If you suspect nursing home abuse, of if your loved one died in a nursing home under suspicious circumstances, call David M. Benenfeld at 954-677-0155, or complete the online contact form so that we can schedule a free consultation.

Nursing Home Abuse FAQ

  • If my mother fell and suffered permanent mental trauma, can we hold the nursing home liable for her accident?
  • Are rail beds really a threat to nursing home patients? If so, why do nursing homes in Florida still use them?
  • I keep hearing about understaffing at nursing homes and to be aware of this factor when deciding on a home for my elderly father. How will understaffing affect the care he gets?
  • Who should be held responsible when a nursing home resident is abused by another resident?
  • How common of a problem is sexual abuse in Florida nursing homes?
  • My dad went into a coma because the nursing home worker didn’t give him his insulin. Can we collect for his damages and pursue a negligence claim against the nursing home?
  • My grandmother has been acting differently lately. Is there a way to know if nursing home is giving my grandmother the right medications and in the correct way?
  • My elderly mother was sexually abused by another resident at her nursing home. Do I have a legal claim against the nursing home or just the other resident?
  • I’m not sure if I have a legal case. What exactly is considered elder abuse?
  • How can a nursing home abuse attorney help my mother after she has been physically restrained against her will?
  • What should I ask a lawyer before hiring him for my wife’s nursing home abuse case?
  • I Want To Talk With My Dad Who Is Living In A Nursing Home. I Think He Is Being Mistreated. Are There Things I Should Avoid Saying To Him?
  • I Think Something Is Wrong With The Care My Mom Is Receiving At Her Nursing Home And Am Not Sure How To Bring It Up And Ask Her About It. Do You Have Recommendations?
  • I’ve Read That Financial Exploitation Of Residents In Broward County Nursing Homes Is On The Rise. What Kind Of Person Does That To An Innocent Senior Citizen?
  • What Happens If I Am Overcharged For My Mom’s Nursing Home Healthcare?
  • What Should I Do If I Suspect That My Mom Who Has Alzheimer’s Is Being Abused By Her Broward County Nursing Home?
  • Are Nursing Home Residents At Risk For Becoming Victims Of Tax Fraud?
  • I Live In Florida And Suspect There Is Elder Abuse Going On In A Nursing Home In South Florida Where My Mother Is Staying. I Have Noticed A Sudden Weight Loss And Bruises On Her Body. Could This Be Elder Abuse? What Can I Do?
  • My Elderly Mother Falls A Lot At Her Florida Nursing Home. What Can I Do To Help Her?
  • Why Do People Put Their Loved Ones In A Nursing Home Anyhow?
  • Why Do Fatal Medication Errors In Nursing Homes Happen?
  • When A Resident Of A Nursing Home Dies, What Benefits Is The Family Entitled To?
  • What Should I Do If I Suspect My Mother Is Not Being Given The Correct Medications Within Her Broward County Nursing Home?
  • What Qualities Should I Look For In A Broward County Nursing Home?
  • What Is The Difference Between A Nursing Home And Assisted Living?
  • What Can I Do To Make Sure My Aging Parent Isn’t Financially Exploited In A Broward County Nursing Home?
  • When Should My Siblings And I Consider Putting Our Elderly Parent In A Nursing Home?
  • What Rights Do Nursing Home Residents Have In Florida?
  • Is The Use Of Restraints On Florida Nursing Home Residents Illegal?
  • My Relative Told Me That She Is Being Abused In Her Nursing Home. What Should I Do Now?
  • I Believe My Mother Is Being Abused At Her Nursing Home, But How Can I Get Her To Tell Me?
  • What Does It Mean When An Elderly Nursing Home Resident Is A Victim Of Financial Exploitation?
  • How Will I Know If My Loved One Is Being Abused By Restraints In A Nursing Home? What Should I Look For?
  • Do I Have A Legal Case If My Husband Died As A Result Of Pneumonia In A Nursing Home?
  • How Do I Know If A Nursing Home Has Previous Violations?
  • How Do I Know If There Is Nursing Home Abuse Going On In The South Florida Nursing Home Facility My Mother Is Staying In?
  • I’ve Heard There Was A Recall On Bed Rails, But The Nursing Home My Father Is In Still Uses Them. What Should I Do?
  • I’ve Heard Bed Rails Can Be Dangerous. What Are The Risks Of Bed Rails In Nursing Homes?
  • Is It True That Broward County Nursing Homes Are Considered A Dangerous Place To Work?
  • How Do You Know If Sexual Abuse Is Happening In A Broward County Nursing Home?
  • How Do I Choose A Good Nursing Home In Florida For My Parent?
  • Florida Elder Abuse And In Other States Seem To Be On The Rise. What Do I Look For When Evaluating A Facility For My Relative?
  • How Do I Find Out If A Nursing Home Has Bad Ratings?
  • What Is The Best Way To Find A Good Nursing Home?
  • Are nursing homes in Florida regulated? If so, How?
  • What happens to a Florida nursing home if it breaks the rules?
  • What damages can be obtained from Florida nursing homes?
  • How much money is typically awarded for damages?
  • How long does a case usually take?
  • If a nursing home’s risk manager or lawyer contacts me about an injury, what should I do?