Nursing Home Negligence Lawyers Serving Coconut Creek

As a Coconut Creek resident, you should be aware of the potential for nursing home negligence in your area, as it can have a huge impact on your loved ones. Nursing home negligence cases often involve instances where the elderly and their families have been affected by nursing home staff actions that could have been avoided. When these cases occur, it is important to take action quickly so that the negligent party is held accountable.

The biggest reason to care about nursing home negligence is that it affects human lives. Negligence can lead to physical and emotional damage, medical bills, lost wages due to shortened life expectancy and decreased quality of life for those affected. Secondly, nursing home negligence can lead to legal action being taken against the negligent party and harsh penalties put in place.

Moreover, by engaging with a qualified nursing home negligence lawyer serving Coconut Creek and reading up on topics related to nursing home negligence, you will be better equipped with the knowledge of what you should do if you or your loved ones ever have the misfortune of running into this kind of situation.

The more informed you are regarding your rights as a resident and what steps you should take if you find evidence of neglect or abuse, the better protected your loved ones will be in situations like these.

What Is Nursing Home Negligence?

Nursing home negligence, also known as elder abuse, happens when a nursing staff or facility fails to provide a safe environment or medical care and treatment as promised. It also happens when a staff member intentionally or accidentally causes harm or injury while providing care to an elderly person.

The most common forms of elder abuse that are covered under nursing home negligence are:

  • Physical abuse
  • Emotional abuse
  • Financial exploitation
  • Neglect
  • Sexual assault and harassment

It's essential to know what constitutes nursing home negligence to recognize signs of negligence if you ever have reason to suspect it. A good lawyer can help you identify potential neglect cases and pursue legal action on your behalf.

Injuries That Are Typically Excluded from a Nursing Home Negligence Claim

When it comes to nursing home negligence, not all injuries are covered under the law. As a general rule, if the nursing home failed to provide reasonable care and that lack of care or negligence directly led to your injuries, you may be able to file a claim.

However, there are certain injuries that, even in cases of negligence, would not be covered. These include injuries caused by accidents, self-inflicted injuries, the natural progression of a pre-existing medical condition or injury, or an injury caused by risky behavior.

Injuries from Natural Aging

As the body ages, becoming more susceptible to developing illnesses and injuries is natural. For example, if a nursing home resident develops arthritis in their hands, which is common with age, this would not be covered by a nursing home negligence claim because the negligence of the nursing home staff did not cause it.

Injuries That Occur When You Ignore Medical Advice

If you ignore medical advice and develop any subsequent injuries, they most likely will not be covered under a negligence claim. Nursing homes are required to provide you with proper medical advice, and if you choose to ignore such advice and incur any relevant injuries. As a result, they are not liable for you neglecting their medical recommendations.

What Other Claims Can I File Against a Negligent Nursing Home?

In these cases, the range of claims depends on the specifics of the circumstances, and no two cases are exactly alike. However, some common claims include the following:

  • Medical malpractice: This claim is typically brought when a nursing home fails to provide medically appropriate treatment and neglects to meet a patient's medical needs.
  • Negligent supervision: This claim is often brought up when nursing home staff fail to properly supervise the care of a nursing home resident and do not take reasonable steps to protect them from harm.
  • Wrongful death: This claim is used when a nursing home resident has passed away as a result of negligent care or lack of supervision.
  • Emotional distress: This claim is used when an injured resident's family member or loved one has suffered emotional distress due to witnessing negligent care or other potentially harmful practices at the nursing home.

It's important to note that these are just some possible claims that can be filed against an irresponsible nursing home. A skilled lawyer with experience in handling nursing home negligence cases will be able to identify all possible claims and recommend which ones you have the best chance of obtaining compensation for.

What Are the State and Federal Nursing Home Laws in Florida?

When it comes to nursing home negligence, Florida is no exception. The state and federal laws that protect elderly residents from wrongful treatment and neglect can be complex. That's why it's important to understand the basics of these laws if you are considering pursuing legal action.

Florida Nursing Home Care Act

Under the Florida Nursing Home Care Act, nursing homes and other long-term care facilities must provide care with minimum medical supervision. This means that residents must be provided with access to appropriate medical and dental services and appropriate nutrition, hydration, and hygiene services. The facility must also provide and maintain a safe environment for its residents.

Federal Laws and Regulations

Additionally, all facilities must comply with the standards the U.S. Department of Health and Human Services Centers for Medicare and Medicaid Services (CMS) set forth. These regulations require that each facility meet minimum care standards in areas such as:

  • Residents' rights
  • Nursing services
  • Physician services
  • Pharmacy services
  • Environmental safety
  • Building safety

Finally, if you believe your loved one has been neglected or mistreated while residing in a nursing home in Coconut Creek, Florida, you should contact an experienced nursing home negligence lawyer who can help you understand your legal options.

Is There a Difference Between Burden of Proof in A Civil Lawsuit and That in A Criminal Lawsuit?

Now that you know the difference between state and federal nursing home laws, you may wonder if there is a difference in the burden of proof in a criminal and civil lawsuit. The answer is yes.

In most cases, the burden of proof is higher in criminal law than in civil law. In a criminal negligence case, the prosecutor must prove beyond a reasonable doubt that the person or persons responsible are guilty of violating the standard of care, whereas, in a civil negligence claim, the plaintiff only needs to prove by a preponderance of the evidence that the defendant was negligent or at fault.

According to the law, a preponderance of evidence means that one party's contention over another is more likely to be true or correct. This means that when filing a nursing home negligence claim, you, as the plaintiff, need to present sufficient evidence that your claim is more likely true than untrue.

How Will I Comply with The Burden of Proof in My Claim?

The burden of proof in any nursing home negligence claim will depend on the jurisdiction you're filing by. Most U.S. jurisdictions require a preponderance of the evidence, which means that you must demonstrate that it is more likely than not that the party charged is negligent.

Other jurisdictions may require clear and convincing evidence, while some may even require beyond a reasonable doubt. It's important to understand which burden of proof applies in your state or local area and how you can meet the burden before filing your claim.

The standard for a preponderance of the evidence requires that:

  • You show the opposing party more likely than not to commit an act or omission.
  • The act or omission resulted in damages.
  • The damages occurred due to their being negligent.

Clear and convincing evidence requires that:

  • You show clear, convicting, and egregious facts.
  • Facts beyond what is required for a preponderance of the evidence.
  • Show that it was highly probable their negligence caused the damages suffered.

Beyond a reasonable doubt requires that:

  • You present circumstantial or direct evidence of their negligence.
  • Show beyond any reasonable doubt their guilt (as in criminal cases).
  • Have sufficient proof for a conviction in criminal court.
Can The Resident or Resident's Power of Attorney Have Access to and/or a Copy of The Resident's Records?

Yes! You or the resident's power of attorney are entitled to access and/or a copy of the resident's records. Generally, you must request in writing. You should receive the requested information within 30 days after they receive your request.

Under most state laws, you may also be charged a reasonable fee for copies of the records. The fee cannot exceed the cost of copying and mailing. Certain documents, such as assessment plans, service plans, and critical incident reports, may be withheld in some states. Talk to an attorney to learn more about your state's disclosure process.

Compensation For Nursing Home Abuse

So, you're wondering what kind of compensation you can get if you win your nursing home negligence claim. Depending on the specifics of your case, you could be entitled to various forms of financial compensation.

Economic Damages
Economic damages are intended to cover tangible losses that have a dollar value associated with them. This includes medical bills, funeral expenses, lost wages, and other out-of-pocket expenses that occurred due to your injury or loved one's death due to nursing home negligence.

Non-Economic Damages
These damages are harder to quantify and include pain and suffering caused by the injury or death of your loved one, mental anguish, loss of enjoyment of life, and loss of consortium.

Punitive Damages
Not all states allow punitive damages in cases that involve nursing home negligence. Punitive damages are designed to punish the defendant and make an example out of them so that they don't commit such an act in the future.

What Should I Look for When Looking for A Nursing Home?

It's important to research nursing homes and consider all your options before making a decision. Here are a few things to look for:

The location of the nursing home matters. It should be close to your home so you can access your loved one when you want to visit. Transportation might be difficult or time-consuming if the nursing home is too far away.

Check out nursing home reviews online and see the opinions of other people who have used their services. Do they feel the staff is friendly, welcoming, and helpful? How do they feel about the quality of care? It's important to get an idea of what others think before deciding.

Insurance Acceptance
Make sure that you check whether or not the nursing home accepts your insurance or if they have any special deals for long-term care. Double-check before committing to a facility if you don't want any surprise charges down the line.

Facilities and Services Provided
You should also look at what the nursing home offers types of services and facilities. Does it offer physical therapy, occupational therapy, speech therapy, nutrition counseling, memory care services, etc.? Are there any activities specifically designed for seniors? Make sure each facility you consider offers all the necessary services for your loved one's health and well-being.

How to Find the Right Nursing Home Negligence Lawyer Serving Coconut Creek

Finding the right nursing home negligence lawyer to take on your case can be daunting, but it's important to do your research and make sure you're choosing someone experienced. Here are some tips for finding the right nursing home negligence lawyer for your situation:

Research Their Background
Look into the background of the lawyers you're considering, including their experience with similar cases. Make sure to read reviews from past clients and get referrals from people you know. A good lawyer should be able to show you examples of cases they've handled and a track record of successful outcomes.

Ask Questions
Once you've narrowed down your list, it's time for an in-depth conversation about the details of your case. Ask questions about the lawyer's experience with nursing home negligence cases, their previous success rate, and any other questions that come to mind. This is also a great opportunity to get a sense of their communication style and overall approach to handling cases like yours.

Consider Their Fees
When considering potential lawyers, factor in their costs so that you know what you're signing up for ahead of time. Most lawyers will offer free consultations and provide a fee agreement outlining all costs associated with your case before they begin representing you—so make sure this is part of the discussions when making your decision.

By doing some research upfront and asking the right questions, you'll be able to find an experienced nursing home negligence lawyer serving Coconut Creek who can help guide you through the legal process ahead.

How Much Will It Cost Me to Hire a Nursing Home Negligence Lawyer?

Now comes the million-dollar question: how much will hiring a nursing home negligence lawyer cost? In Coconut Creek, Florida, the answer is—it depends.

Be aware that medical bills can add up fast when seeking compensation for nursing home negligence. So, if you're dealing with a nursing home negligence case and you decide to hire a lawyer, you'll want to ensure that you get someone with experience in this law area. Hiring someone without the proper expertise could cost you a lot in terms of time and money.

When looking for an attorney, ask about their hourly rate and contingency fee (although lawyers don't always agree to contingency fees). This way, you'll have an idea of how much it will cost if your case goes all the way through trial. Also, be sure to ask about any potential additional fees or costs that may come up during the process.

Remember that when trying to get compensation for nursing home negligence, it's important to find an experienced attorney with the skill set and resources to handle your case. While cost is certainly something to consider when hiring a lawyer, don't sacrifice the quality of service to save a few bucks—it's not worth it in the long run!

Contact Frankl Kominsky Injury Lawyers, Nursing Home Negligence Lawyers Serving Coconut Creek

It's time to contact an experienced nursing negligence attorney serving in Coconut Creek and surrounding areas. At Frankl Kominsky Injury Lawyers, we prioritize helping individuals like you who negligent and irresponsible nursing home care providers have wronged.

Our experienced attorneys have years of experience handling all types of nursing home negligence cases, so they know how to present the best case for you.

We understand that filing a nursing home negligence claim can be difficult, so we ensure to provide compassionate, quality legal counsel every step of the way. Our attorneys will work hard to protect your rights, secure any compensation you are entitled to, and hold the responsible parties accountable for their actions.

Plus, we offer free consultations to get your questions answered before moving forward with your claim. Contact us at (561) 800-8000.

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