Resident on Resident Assaults
Nursing homes are often full to capacity. This means that there are many different types of people in one area. Unfortunately, resident on resident assaults are more common in these settings than you may think. If your loved one was assaulted in a nursing home, you may be entitled to compensation. At the Lawrence Law Group, our Jacksonville nursing home neglect attorneys can diligently explore the facts of the situation that resulted in the assault and bring a claim on your behalf.Bringing a Personal Injury Claim After a Resident on Resident Assault
Nursing home assaults may involve physical abuse, sexual abuse, or even psychological abuse. Any resident on resident assault may result in serious and long-term injuries or conditions, such as broken bones, broken ribs, changes in behavior, loss of appetite, and more. Physical assault may include choking, hitting, pushing, verbally abusing, or sexual assault.
Nursing homes have certain obligations toward their residents. Part of these obligations involves keeping residents with aggressive tendencies and psychological disorders away from one another and other frail patients who could be subjected to harm. Essentially, the nursing home’s duty is to prevent foreseeable harm. As a result, if a resident has ongoing behavioral problems, it is up to the nursing home to remove that resident from the facility or take other preventive measures for the safety of the other residents.
If your loved one has been a victim of an assault by another nursing home resident, you may be entitled to compensation through a negligence claim. A nursing home is negligent if it fails to adhere to the standard of care that another nursing home would follow under the same or similar circumstances. It is reasonable to expect that a nursing home adhering to the appropriate standard of care would make sure that a patient who has violent tendencies would be kept away from other residents.
Under Florida law, a victim has two years from the date of an assault to bring a claim against the nursing home. This makes it particularly critical to consult a knowledgeable attorney without delay so that your rights are preserved. Florida Statutes 400.023 provides the basis for a nursing home neglect or abuse claim, and it outlines the types of damages that a victim or their family may pursue. In addition to compensatory damages, punitive damages may be available in some extreme cases, as well as attorney fees when certain statutory factors are satisfied.Retain a Nursing Home Neglect Attorney in Jacksonville to Protect Your Rights
If your loved one was a victim of a resident on resident assault, you should seek legal counsel and representation. At the Lawrence Law Group, our Jacksonville nursing home neglect lawyers can determine the viability of a potential claim and explain your legal options. We can assist injured people and their families in Duval, Clay, St. Johns, Baker, Nassau, Flagler, Putnam, Brevard, Union, Columbia, Suwannee, Lafayette, Hamilton, Jefferson, Dixie, and Leon Counties. To learn more about your rights and options, feel free to call us at 904-632-0077 or contact us online to set up a free consultation with an injury attorney.