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Tampa Nursing Home Abuse Attorney

If you suspect that a loved one is experiencing nursing home abuse, don’t wait to take action. Labovick Law Group is here to help you pursue justice and hold accountable those responsible for the abuse. Our experienced attorneys are dedicated to advocating for the rights of victims and their families, and we believe that everyone deserves to be treated with dignity and respect.

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Overview of state and federal regulations aimed at preventing nursing home abuse in Tampa

Nursing home abuse is a serious problem that affects millions of seniors across the United States, including in Tampa, Florida. To prevent abuse and protect vulnerable seniors, both state and federal governments have implemented regulations that nursing homes must comply with. 

State Regulations

In Florida, the regulations are found in the Florida Administrative Code, Chapter 58A-5. Some key provisions of the Florida regulations include:

  • Staffing requirements: Nursing homes in Florida must have a sufficient number of trained staff to meet the needs of their residents. This includes licensed nurses, certified nursing assistants, and other support staff.
  • Resident rights: Florida regulations specify that nursing home residents have a right to dignity, privacy, and the highest possible level of physical, mental, and psychosocial well-being.
  • Reporting requirements: Nursing homes in Florida must report incidents of abuse, neglect, or exploitation to the appropriate authorities, including the Florida Department of Children and Families.
  • Quality of care: Florida regulations require nursing homes to provide quality care that meets the needs of each resident. This includes appropriate nutrition, hydration, and medication management.

Federal Regulations

In addition to state regulations, nursing homes in Tampa must comply with federal regulations established by the Centers for Medicare & Medicaid Services (CMS). These regulations are found in the Code of Federal Regulations, Title 42, Chapter IV, Subchapter G, Part 483.

These regulations cover a wide range of topics, including:

  • Resident assessment: Nursing homes must conduct a thorough assessment of each resident’s physical, mental, and psychosocial needs within 14 days of admission.
  • Care planning: Nursing homes must develop a comprehensive care plan for each resident that addresses their individual needs and preferences.
  • Quality of care: Federal regulations require nursing homes to provide care that promotes the highest possible quality of life for each resident.
  • Abuse prevention: Nursing homes must take steps to prevent and investigate incidents of abuse, neglect, and exploitation of residents.
  • Staff training: Nursing home staff must receive training on a variety of topics, including abuse prevention, infection control, and resident rights.

Understanding the different types of nursing home abuse that occur in Tampa

Abuse can take many forms, and it’s important to understand the different types so that you can recognize the signs and take action to prevent them. 

Here are the different types of nursing home abuse that occur in Tampa:

  • Physical abuse involves the intentional use of force that causes physical harm, injury, pain, or impairment to a resident. This can include hitting, slapping, pushing, or restraining a resident, or denying them food, water, or medication.
  • Emotional abuse refers to the infliction of mental or emotional pain, anguish, or distress on a resident. This can include name-calling, belittling, humiliating, or isolating a resident from their family and friends.
  • Sexual abuse involves any non-consensual sexual contact, including unwanted touching, fondling, or rape. It can also include showing residents pornography or forcing them to watch sexual acts.
  • Neglect occurs when a nursing home fails to provide the necessary care and attention a resident needs to maintain their health and well-being. This can include failing to provide adequate food, water, or medication, or failing to provide proper hygiene and living conditions.
  • Financial abuse involves the misuse or theft of a resident’s money or property. This can include stealing cash or valuables, forging checks, or coercing a resident into changing their will or power of attorney.

Signs to look out for if you suspect nursing home abuse in Tampa

While some signs of abuse may be obvious, others may be more subtle, so it’s important to know what to look for. 

Here are some signs to watch out for if you suspect your elderly is suffering nursing home abuse:

  • Unexplained Injuries: Such as bruises, cuts, or broken bones. If you notice that a resident has frequent injuries or injuries that seem inconsistent with their daily routine, it may be a sign that they are being physically abused.
  • Emotional Changes: If you recognize that a resident is suddenly withdrawn, depressed, or anxious, it may be a sign that they are being emotionally abused. They may also display sudden changes in mood or behavior.
  • Poor Hygiene: Such as dirty clothing, unbrushed hair, or untreated sores, may be a sign of neglect.
  • Malnutrition or Dehydration: Nursing homes have a responsibility to provide adequate nutrition and hydration to their residents, and failing to do so can lead to serious health issues.
  • Changes in Finances: If you notice that a resident’s finances have suddenly changed, such as unexplained withdrawals or missing money, it may be a sign of financial abuse.
  • Unusual Behavior:  If you observe that a resident is fearful or seems to be avoiding a certain staff member, it may be a sign that they are being abused.
  • Medication Errors: If you detect that a resident’s medication is frequently missed, or they are given the wrong medication, it may be a sign that they are being neglected.


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Tampa Nursing Home Abuse Attorney

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How to report nursing home abuse in Tampa

Nursing home abuse is a serious issue in Tampa, Florida, and it’s important to know how to report it if you suspect that a resident is being mistreated. Here are the steps you can take to report nursing home abuse in Tampa:

  • Document the Abuse: If you suspect that a resident is being abused, it’s important to document any evidence that you have. This may include photographs of injuries or written notes about conversations you’ve had with the resident or staff.
  • Contact the Authorities: The first step in reporting nursing home abuse is to contact the appropriate authorities. In Tampa, you can report abuse to the Florida Department of Elder Affairs, the Agency for Health Care Administration, or the local police department. The Florida Abuse Hotline can also be reached at 1-800-96-ABUSE.
  • Speak with a Tampa Nursing Home Abuse Lawyer: If you suspect that a resident is being abused, it’s important to speak with a nursing home abuse advocate. They can help you navigate the legal process and ensure that the resident’s rights are protected.
  • Notify the Nursing Home: It’s important to notify the nursing home if you suspect that a resident is being abused. They have a responsibility to investigate any claims of abuse and take appropriate action to protect the resident.
  • Follow up: After you have reported nursing home abuse, it’s important to follow up to ensure that the appropriate actions have been taken. This may involve contacting the authorities or the nursing home to check on the resident’s well-being.

How Tampa nursing home abuse lawyers can hold nursing homes accountable for abuse

The responsible parties must be held accountable for their actions. This is where Tampa nursing home abuse lawyers come in. 

Here are some ways that your attorney can hold nursing homes accountable for abuse:

  1. Investigating Claims of Abuse: Nursing home malpractice attorneys can investigate claims of abuse to determine whether they are valid. They can gather evidence, interview witnesses, and consult with experts to build a strong case on your behalf.
  2. Holding Negligent Nursing Homes Accountable: They can hold negligent nursing homes accountable for their actions by filing lawsuits and seeking compensation for you. This can include compensation for medical expenses, pain and suffering, and other damages.
  3. Advocating for Victims’ Rights: Your Tampa nursing home abuse lawyer can ensure that your senior is treated with respect and dignity and that their voice is heard in the legal system.
  4. Encouraging Nursing Home Reforms: By holding nursing homes accountable for their actions, nursing home abuse advocates can encourage reforms in the industry. This can include better staff training, increased staffing levels, and other measures to prevent abuse from happening in the first place.
  5. Raising Public Awareness: Tampa nursing home abuse lawyers can raise public awareness of the issue by speaking with the media and advocating for change. By shining a light on nursing home abuse, they can help to prevent it from happening in the future.

The process of filing a lawsuit with a Tampa nursing home abuse lawyer

If you or a loved one has been the victim of nursing home abuse in Tampa, you may be entitled to compensation through a nursing home abuse lawsuit.

Here are the steps involved in filing a nursing home abuse lawsuit in Tampa:

  1. Gather Evidence: To file a nursing home abuse lawsuit, you’ll need to gather evidence to support your case. This may include medical records, photographs, witness statements, and other documentation related to the abuse.
  2. File a Complaint: Once you’ve gathered evidence, your Tampa nursing home abuse lawyer will file a complaint on your behalf. The complaint will outline the details of the abuse, the damages you’ve suffered, and the compensation you’re seeking.
  3. Discovery: After the complaint is filed, the discovery phase of the lawsuit begins. This is when both sides exchange information and evidence related to the case. Your Tampa nursing home abuse lawyer will work to uncover evidence to support your case, while the nursing home’s lawyers will do the same.
  4. Settlement or Trial: After the discovery phase is complete, the case may be resolved through a settlement or a trial. If a settlement is reached, you’ll receive compensation without going to trial. If a trial is necessary, your nursing home abuse attorney will present your case to a judge and/or jury.
  5. Judgment: If the case goes to trial, a judgment will be made based on the evidence presented. If the judgment is in your favor, you’ll be awarded compensation for your damages.

What elements do you have to prove to determine the abuse?

To determine abuse in a nursing home, certain elements must be proven. These elements typically include:

  1. Duty of care: The nursing home has a duty to provide care to the resident that meets a certain standard. This includes providing a safe environment and appropriate medical care.
  2. Breach of duty: The nursing home failed to meet the duty of care by allowing abuse to occur.
  3. Causation: The breach of duty by the nursing home was the direct cause of the abuse.
  4. Damages: The victim suffered harm or damages as a result of the abuse, such as physical injuries, emotional distress, or financial losses.

These elements must be proven by a preponderance of the evidence, meaning that it is more likely than not that the abuse occurred. It is the responsibility of the victim or their legal representative to prove each of these elements in court.

Fighting for your loved ones: Call LaBovick Law Group for nursing home abuse cases

Fighting nursing home abuse can be an overwhelming and emotional experience, but you don’t have to go through it alone. Labovick Law Group is here to help you pursue justice and hold accountable those who have caused harm to your loved one. 

Our team of experienced attorneys is dedicated to fighting for the rights of victims of nursing home abuse, and we are committed to ensuring that you and your loved one receive the compensation and justice you deserve. 

Don’t hesitate to reach out to us if you suspect your loved one has been a victim of nursing home abuse. We’re here to fight for you.

about Tampa Nursing Home Abuse Attorney

If you suspect nursing home abuse in Florida, you should report it to the Florida Department of Elder Affairs. You can call the Elder Abuse Hotline at 1-800-96-ABUSE (1-800-962-2873) to report abuse, neglect, or exploitation of a vulnerable adult. You can also contact the Florida Long-Term Care Ombudsman Program, which is a state agency that advocates for residents of long-term care facilities.

In Florida, the statute of limitations for nursing home abuse cases is typically two years from the date of the abuse.

According to the Florida Department of Elder Affairs, neglect accounted for 35% of all reported cases of elder abuse in the state. Physical abuse and financial exploitation were the second and third most common types of abuse reported in Florida.

Nursing homes in Tampa are overseen by the Florida Agency for Health Care Administration (AHCA). The AHCA is responsible for regulating and licensing healthcare facilities in the state, including nursing homes, to ensure that they meet state and federal standards for quality of care.

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