Nursing Home Abuse Attorneys

When visiting a loved one in a nursing home, it is important to be aware of the signs and symptoms of neglect and abuse. This includes warning signs for potential abuse within the nursing home itself, as well as symptoms exhibited by your loved one. Conditions and symptoms that may be evidence of abuse include:

• Agitation or emotional withdrawal
• Bedsores (pressure ulcers)
• Injuries consistent with falls
• Malnutrition or dehydration
• Medications being used too slowly or too quickly
• Residents or staff members not being willing to openly discuss apparent signs of abuse
• Untreated injuries and infections
• Unexplained changes in behavior, such as mood swings or fear of being touched
• Unexplained weight loss or weight gain
• Unsanitary living conditions in the resident’s room or unclean conditions in other areas of the nursing home

The Braden Scale for Predicting Pressure Ulcer Risk is an assessment tool that medical professionals use to assess potential risk factors for bed sores for senior citizens. It focuses on six risk factors in particular:

• Sensory perception (pain sensitivity)
• Skin moisture
• Physical activity level
• Mobility
• Nutrition
• Friction and shear (breakdown of the cell membranes and capillaries connecting the bone to the skin, typically resulting from sliding in beds and chairs)

Physicians rate each risk factor on a scale of one to four (with one being the highest level of risk), and appropriate care practices will be determined based on the senior’s overall score:

• Very High Risk: total score of 9 or less
• High Risk: total score of 10 to 12
• Moderate Risk: total score of 13 to 14
• Mild Risk: total score of 15 to 18
• No-Risk: total score of 19 to 23 (“friction and shear” is only graded on a scale of one to three)

The Minimum Data Set (MDS) process is part of the U.S. Medicare and Medicaid system. In order for a nursing home to receive certification to bill Medicare or Medicaid, they must assess their residents’ health conditions based on a list of 15 criteria established by the Centers for Medicare and Medicaid Services (CMS). The categories for assessment under the MDS are:

• Cognitive patterns
• Communication and hearing patterns
• Vision patterns
• Physical functioning and structural problems
• Continence
• Psychosocial well-being
• Mood and behavior patterns
• Activity pursuit patterns
• Disease diagnoses
• Other health conditions
• Oral/nutritional status
• Oral/dental status
• Skin condition
• Medication use
• Treatments and procedures

In most cases, the statute of limitations for nursing home abuse claims is two years from the date of discovery under Florida law. However, there are some important exceptions.

Section 429.296(1) of the Florida Statutes sets a cap of four years from the date of the incident. In other words, if it has been less than two years since you discovered the abuse but more than four years since the abuse actually occurred, then the statute of limitations may have expired.

However, under Section 429.296(2), the statute of limitations can be extended in cases where the nursing home fraudulently concealed or intentionally misrepresented information in order to prevent the discovery of the abuse. In this scenario, the statute of limitations is, “2 years from the time that the injury is discovered with the exercise of due diligence, but in no event not more than 6 years from the date the incident giving rise to the injury occurred.”

If you are concerned that the statute of limitations for your claim may have expired, we encourage you to contact us promptly for a free consultation. It is important that you not make any assumptions that could jeopardize your legal rights. We can thoroughly assess the facts of your case to determine your legal options; and if necessary, we can initiate pre-suit proceedings immediately to protect you or your loved one.