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Fort Myers Elder Abuse Lawyer

Florida Elder Law: Fighting Abuse

Care Worker Mistreating Elderly ManAt Garvin Injury Law, we understand that placing an elderly loved one into a nursing home is one of the most difficult decisions a family can make. Across the United States, millions of families are challenged with this decision every year. At present, in Florida alone, nursing facilities are home to more than 72,000 of our parents, grandparents, and other loved ones. Of course, we all hope that our research led us to make the best decision about who to trust with the delicate responsibility of providing the same loving care that we would. Still, our Fort Myers elder abuse lawyers know that this is not always the case. Over a recent two-year period, the Special Investigations Division of the House Government Reform Committee found that one-third of nursing homes in the U.S. were cited for almost 9,000 elder abuse instances.

With Florida’s rising elderly population and increased demands at nursing facilities, sufficient oversight of staff and quality of care is regularly neglected, making elder abuse an unfortunate, but not uncommon occurrence. Whether it be due to negligent hiring, under-staffing, inadequate training, or medication errors, we must hold nursing facilities responsible for their actions and inaction. When we recover compensation on your behalf, it may not make it right, but we will discourage other nursing homes from similar conduct. If you believe a loved one has suffered abuse at a nursing facility, contact us today for a free case review with an elder abuse lawyer in the Fort Myers area.

Florida Elder Abuse: Types
  • Physical Abuse
  • Emotional Abuse
  • Sexual Abuse
  • Neglect
  • Financial Exploitation
  • Healthcare Fraud and Abuse
Warning Signs of Elderly Abuse
  • Frequent arguments or tension with the caregiver
  • Changes in personality or behavior
  • Untreated physical problems, e.g., bedsores
  • Unexplained injuries, e.g., bruises, welts, or scars
  • Broken bones, sprains, or dislocations
  • Drug overdose or prescriptions not given regularly
  • Broken eyeglasses or frames
  • Signs of being restrained, e.g., rope marks
  • Caregiver’s refusal to allow you to see the elder alone
  • Threatening, belittling, or controlling behavior from the caregiver
  • Bruises around breasts or genitals
  • Unexplained venereal disease or genital infections
  • Unexplained vaginal or anal bleeding
  • Torn, stained, or bloody underclothing
  • Unusual weight loss, malnutrition, dehydration
  • Unsanitary living conditions: dirt, bugs, soiled bedding and clothes
  • Being left dirty or unbathed
  • Unsuitable weather appropriate clothing or covering
  • Unsafe living conditions, e.g., no heat, running water, faulty electrical wiring, fire hazards
  • Desertion
  • Significant withdrawals from the elder’s accounts
  • Sudden changes in the elder’s financial condition
  • Items or cash missing from the senior’s room
  • Suspicious changes in wills, power of attorney, titles, and policies
  • Addition of names to the senior’s signature card
  • Unpaid bills or lack of medical care, when the senior has the resources
  • Financial activity the senior could not have done
  • Unnecessary purchases on the senior’s behalf
  • Duplicate billings for the same medical service or device
  • Evidence of overmedication or under medication
  • Evidence of inadequate care when bills are paid in full
  • Problems with the care facility: poorly trained, poorly paid, insufficient staff, crowding or inadequate responses to questions about care

Only 1 in 14 incidents of elder abuse are reported to authorities. Sadly, it is common for nursing home residents that are victims of abuse to stay silent because they are too embarrassed or ashamed. Sometimes they do not come forward simply because they do not want to burden their family’s lives. Consequently, it is essential that families of Florida nursing home residents are attentive as they watch for signs of nursing home abuse.

Garvin Injury Law Can Help with Your Elder Abuse Case

If your loved one has suffered from elder abuse or neglect at the hands of their caretaker, you may be eligible to receive compensation for your claim. With more than three decades of combined Florida elder law experience, our Fort Myers elder abuse attorneys will ensure the appropriate steps are taken to file nursing home abuse reports and legal claims against the nursing facilities as well as any responsible employee(s).

Please contact Garvin Injury Law immediately so that we can assist you in reporting elderly abuse or misconduct to the proper authorities and the nursing facility. It is important to take the appropriate measures to begin protecting your rights immediately in the event an elder abuse report or past abuse report(s) are lost or altered. Call or email today for a free consultation, and we will evaluate your claim and determine the appropriate course of action. We have offices in Fort Myers, Naples, and Key West.

Feel free to browse the resources below and contact us with any questions in regards to yours or your elderly loved one’s rights. Please also see below for additional resources that the elder abuse attorneys at our Fort Myers headquarters recommend exploring.

Nursing Home Abuse Legal Resources
  • Chapter 400, Florida Statutes, Part II, Nursing Homes.

  • Chapter 59A, Florida Administrative Code, Nursing Homes.

  • Title 42 United States Codes Part 483, Subpart B.

  • Requirements for Long-Term Care Facilities (the “Watermelon Book”).

  • Patient Protection and Affordable Care Act (PPACA, Title VI, Subtitle B, Nursing Home Transparency and Improvement, Part I – Improving Transparency of Information, Section 6101, Required Disclosure of Ownership and Additional Disclosure Information.

  • Pre-Suit Procedures F.S. § 400.0233.

  • Facts About Long Term Care In Florida.

  • DOEA Publications, Reports, & Profiles.

  • Helpguide.org Website.

Client Reviews
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"This firm is absolutely exceptional. They are very professional while always being on a one to one basis with us. Our settlement was settled for much more than we ever expected. They don't advertise. They don't have to. The quality and thoroughness of their work speaks for itself. I strongly recommend that before you see any other attorney to visit Garvin Law Firm first. You won't be disappointed." D.A.
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"Jeff Garvin is an amazing attorney; a lawyer of highest integerity, great experience, tremendous talent, and mighty work ethic. He was very positively interactive with my wife and me throughout our case. We really like and appreciate him, both personally, and professionally." Patrick
★★★★★
"EXCELLENT attorney, very knowledgeable, does intense and in depth background research and investigation. Well prepared for depositions, arbitrations, hearings. Very personable and approachable. Takes necessary time with clients and provides thoughtful answers to inquiries. Always kept me informed. Completely trustworthy." Stephen
★★★★★
"Leland Garvin is a very knowledgeable, honest and compassionate lawyer. He was easy to speak with and took the time to go over details and scenarios which enabled me to make informed decisions in my difficult case. There are so many facets of a lawsuit that would have been stressful, but they handled everything, so I could focus on my recovery. I highly recommend Leland Garvin if you’re looking for a lawyer you can trust." R.H.
★★★★★
"Mr. Garvin handled my complex personal injury case and obtained a very good result. He has a strong knowledge of the law and the practical aspects of this type of litigation. I highly recommend him." Steve