Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A. has an experienced team of trial attorneys, representing the victims and families of nursing home abuse or neglect. We are a statewide litigation firm committed to protecting the safety of Florida's families since 1988. Over the past 15 years we have recovered more than $100 million in verdicts and settlements for our clients, and our efforts have led to improved conditions and humane treatment for our clients.

Our attorneys are dedicated to protecting elderly nursing home residents who are unable to protect themselves. Too often, elderly victims have suffered physical, emotional or financial abuse at the hands of the very institutions and people who are paid to care for them.

Elder Abuse: The Hidden Crime

Elder abuse has been called the hidden crime because 1) it is often difficult to recognize, 2) it has been concealed by nursing home staff, or 3) the victims may be too frightened or incapacitated to communicate the abuse. An estimated 84 percent of abuse cases go unreported or unrecognized. Nursing home deaths are rarely detected by government inspectors, assessed by medical examiners, or investigated and prosecuted by law enforcement.

Federal and state laws were designed to protect nursing home residents and the abuse or neglect that occurs there and in other assisted living facilities is often referred to as "institutional abuse." Institutional abuse is evident in a recent California study that found only 23 percent of nursing homes in the state were compliant with federal regulations for quality of care. Institutional entities where abuse may occur are skilled nursing facility (SNF) or homes, foster homes, group homes, board and care facilities. Abusers may be staff members, other patients and even visitors.

The Office of the Inspector General has categorized seven types of abuse sustained by the elderly in institutional settings: 

• Physical abuse - infliction of pain or injury including sexual abuse.
  
• Misuse of restraints - chemical or physical control of resident not in accordance with accepted medical practice or orders.
  
• Verbal/emotional abuse -demeaning statements, harassment, threats, humiliation or intimidation.
  
• Physical neglect - disregard for the necessities of daily living such as food, water, bathing and basic care.
  
• Medical neglect - lack of care for existing medical problems such as ignoring a necessary medical diet, not calling a physician when necessary, being unaware of potential side effects of medication or not taking action on a medical problem.
  
• Verbal/emotional neglect - not meeting the patients' verbal/emotional needs including disregarding patients' wishes, or restricting contact with family and friends.
  
• Personal property abuse - illegal or improper use of a resident's property (funds, property, assets) by another for personal gain.
  

Responsibility for Care

To participate in federally reimbursed Medicare and Medicaid programs, nursing homes must comply with the Nursing Home Reform Act (NHRA) which specifies adherence to certain requirements for quality of care. The NHRA states that a participating nursing home "must provide services and activities to attain and maintain the highest practicable physical, mental and psychosocial well-being of each resident in accordance with a written plan of care…" 

Most states have addressed the institutional abuse issue with laws that require doctors, nurses and other health care professionals to report suspected neglect to a designated state office. Laws further require nursing homes to investigate and report any abuse incidents that occur within their facility. Physicians, hospitals, nurses, therapists, aides, orderlies and administrators must provide adequate care, medical treatment and protection to the residents and patients in their facility.

The Credentials to Help

Only an experienced nursing home abuse and malpractice attorney can help punish those responsible for perpetrating crimes against the dependent elderly. Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A. nursing home abuse attorneys know the law, the legal system and victim rights. Our firm has experience in handling a variety of personal injury cases against major defendants such as nursing homes, hospitals, insurance companies, product manufacturers, corporations and municipalities. 

We are on your side. Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A. can provide you with strategies to successfully prosecute the guilty and improve the quality of your loved one's care through financial restitution. If someone you love has been abused, injured or died in a nursing home or assisted living facility, contact us today via our online contact form, or call our Orlando office at (407) 381-4123, or our Kissimmee office at (407) 846-2240.

5. Are there criminal penalties for those who abuse the elderly?


6. Can a nursing home be held responsible for a resident's injury if negligence is found?


7. What should I do if I suspect a nursing home is stealing money from my loved one?


8. If a resident of a nursing home has no contract with the home, can he or she still sue the home for improper care?


9. What rights do residents of nursing homes have?