Nursing Home Negligence Lawyers Serving Fort Pierce
You may be wondering why you should even bother with a nursing home negligence claim. After all, the legal process can be intimidating, and the rules in Florida may not be the same as those in other states.
The simple answer is—negligence matters. Negligence of any kind can lead to serious consequences, both for your family and for other people in similar situations. Nursing homes are places of trust; if negligence is found, it can damage that trust and put many vulnerable people at risk.
Filing a nursing home negligence claim is about more than just seeking compensation for an injury or loss—it's about holding those who have been negligent accountable so that these incidents don't happen again in the future. By taking action, you're helping to protect other families from similar situations down the line.Can A Nursing Home Be Held Liable for The Actions of Its Employees?
The answer is yes. In Florida, nursing homes can be held liable for any negligent act or omission their employees commit. This is true regardless of whether the action aligned with the nursing home's policies. To hold a nursing home liable, however, it must be shown that the injury sustained by a resident was caused directly due to the employee's negligence.
A nursing home can also be vicariously liable for its employee's actions. That means that if an employee commits a negligent action, their employer (the nursing home) may be held responsible for any damages resulting from that action.
Finally, another way for a nursing home to be held liable is if it fails to properly supervise its employees or implement proper training procedures to ensure all staff members uphold safety standards.What Is the Role of The Florida Department of Elder Affairs in Nursing Home Negligence Cases?
If you're considering filing a nursing home negligence claim in Florida, it's important to understand the state's Department of Elder Affairs (DOEA) role. The DOEA is tasked with providing services and support to Florida's elderly population, and they are actively involved in any claims of nursing home negligence.
The DOEA works with the Agency for Health Care Administration (AHCA) to oversee and regulate long-term care facilities across the state. They also serve as a resource for families who suspect their loved ones may have been victims of nursing home negligence.
The DOEA will often investigate claims and can help residents or family members file a complaint against an inadequate facility. In extreme cases, they will recommend that the facility be shut down.Can I Hire an Attorney to Help Me with A Nursing Home Negligence Claim?
Yes, you can hire an attorney to help you with a nursing home negligence claim in Florida. It's probably a good idea to hire a lawyer—you'll be going up against a powerful opponent, and having legal guidance will help ensure all the paperwork is done properly and you get maximum compensation.
Here are some of the benefits of hiring an attorney for your case:
- Knowledge and experience. An experienced lawyer specializing in nursing home negligence cases will have the experience and expertise to ensure everything is handled properly, legally, and ethically.
- Access to resources. A lawyer will have access to resources such as expert witnesses, medical professionals, accident reconstructionist, investigative teams, and more—all of which can be crucial to getting fair compensation for your injuries or suffering.
- Navigating complex paperwork and legal issues. Filing a negligence claim against a nursing home isn't easy—many legal procedures must be followed for the claim to go through. An experienced attorney who understands those procedures will ensure everything is done correctly and move the case along faster.
- High-quality representation in court proceedings. If your nursing home negligence claim goes to trial, having an experienced lawyer is essential to ensure you have the best chance of success in court.
When choosing the right attorney for your nursing home negligence case, there are a few things you should consider. It's essential to find an attorney with experience dealing with medical negligence cases and one with a track record of successful nursing home negligence cases in Florida.
Here are some tips that you can use to choose the best attorney for your case:
Extensive Experience in Nursing Home Abuse Cases
You want an attorney who understands how the system works and can hit the ground running. Ask them about their experience in handling cases similar to yours.
Strong Knowledge of Florida State and Federal Laws
Your attorney should have a thorough understanding of relevant state and federal laws when it comes to nursing home abuse claims. Make sure they have expertise in this field — research their qualifications and see if they have any specialized training or education related to nursing home negligence laws.
Good Track Record
Researching your lawyer's track record is important—you want someone with a good reputation earned through successful cases. Ask them what kinds of settlements they've achieved in similar cases, and look up online reviews from previous clients, too.
The answer depends on whether you're suing for economic damages (like the cost of medical bills, lost wages, and disability) or non-economic damages (like pain and suffering). A lawyer will likely take your case on contingency, meaning they'll be paid a percentage of your award.
Most attorneys who take on nursing home negligence cases in Florida charge 33.3% of any economic damages won and 40% of non-economic damages. It's important to research before hiring an attorney because some lawyers may have additional costs like administrative or filing fees that may not be clear upfront.
Asking for references from other families who have undergone a similar process can help you find the right lawyer for your case. Additionally, many lawyers provide free consultations to give families a better idea of what to expect throughout the legal process.What If I Can't Afford to Hire an Attorney for A Nursing Home Negligence Case?
One of the most common questions asked when filing a nursing home negligence claim in Florida is: what if I can't afford to hire an attorney? The answer is - don't worry, you don't need one. Many lawyers specializing in nursing home negligence cases will offer a free consultation and allow you to proceed without charging any fee up front.
It's important to understand, though, that if you decide to move forward with a claim, their fees will usually need to be paid out of any compensation award at the end of the case.
Additionally, some organizations may be able to help you if you cannot afford an attorney, such as the non-profit Legal Services Corporation or your local bar association's Lawyer Referral Service.
To locate legal services in your area, contact your county bar association or visit the Florida State Bar Association website to find a list of legal aid organizations and contact information for individual attorneys specializing in nursing home negligence cases.
It's also important to keep in mind that many law firms will take on nursing home negligence cases on a contingency basis, meaning they receive payment only if they win the case. This can be a good option if you have limited financial resources and can provide you with access to quality representation without having upfront costs.Can I Sue a Nursing Home for The Wrongful Death of a Loved One?
Yes, you can sue a nursing home for wrongful death in Florida. However, there are certain requirements that you must meet before you can do so. First and foremost, the death must have been caused directly by the nursing home's negligence or failure to provide appropriate care.
This means that you will need to prove that the death was a direct result of the nursing home's actions or inactions. In addition, you will need to show that the nursing home was aware of its responsibility to provide appropriate care and failed to do so.
To prove negligence on the part of the nursing home, you will need evidence of any failures, including:
- Failing to properly monitor and manage medical conditions.
- Failing to ensure that medical equipment is functioning properly.
- Failing to provide adequate nutrition or hydration.
- Failing to offer prompt medical attention and/or diagnosis.
- Failing to adhere to safety protocols.
- Failing to prevent falls, infections, and illnesses.
- Any other negligent behavior on behalf of the staff.
Additionally, it is important for survivors or family members filing a wrongful death claim against a nursing home in Florida to be aware of the statute of limitations provided by individual states. In Florida, personal injury claims have a two-year statute of limitations, while wrongful death claims must be filed within two years from the date of death.What Damages Can I Recover in A Wrongful Death Lawsuit Against a Nursing Home?
Even if you find the courage it takes to file a negligent nursing home claim against a facility in Florida, you might wonder what kind of damages you can recover. Here's the lowdown:
- You can seek compensation for medical bills, pain and suffering, future wages and education costs, mental anguish, burial and funeral expenses, loss of love or companionship, and other possible losses.
- In most cases, family members are entitled to punitive damages as well. Punitive damages are intended to punish the parties who acted unlawfully and to deter them from engaging in similar behavior in the future.
- Unfortunately, medical malpractice claims against nursing homes can be costly and emotionally draining for a family already dealing with a great deal of loss.
- That's why many people fear legal help from an experienced attorney knowledgeable about Florida state law. An attorney can help ensure that family members are treated fairly and receive justice for their loved one's death.
In short, a successful wrongful death suit against a nursing home may eventually lead to financial compensation for the losses caused by negligence or neglect but will never replace your loved one—so you must proceed with caution and seek legal counsel before taking any steps forward.What Can I Do If My Loved One Is Being Neglected or Abused in A Nursing Home?
If your loved one is being neglected or abused in a nursing home, it's important that you take action right away. Depending on the type and severity of the situation, there are several steps you can take:
- Report the incident to authorities – The first thing you should do is call your local police department or make a report to Adult Protective Services (APS). When making the report, be sure to provide as much information as possible such as the facility's location, the name of the abuse or neglecting party, the type of abuse, and any other relevant information.
- Take photos and document what happened – Document all signs of abuse and neglect, including photographs and witnesses' statements if applicable. This information can help support your case when filing a claim for nursing home negligence.
- Ask for an investigation – Ask for an internal investigation by the nursing home itself if you feel uncomfortable talking to authorities or if the nursing home is uncooperative with outside investigations. In some cases, nursing homes may be willing to cooperate to protect their reputation and avoid fines or penalties from state regulators.
- Consider filing a civil lawsuit – You may want to consider filing a civil lawsuit against the facility if they don't take serious disciplinary action against staff members responsible for neglecting or abusing your loved one. This will not only encourage them to make changes to protect other residents in their care but will also help you recover financial compensation for medical bills, pain and suffering, emotional distress, and any other damages suffered by your loved one due to negligent care from the facility or staff members.
Another thing you need to know before filing a nursing home negligence claim in Florida is how to monitor the care your loved one is receiving. You should be able to visit regularly and speak with the staff about any questions or concerns. If your loved one can't communicate, it's even more important that you stay on top of their situation by visiting regularly and doing some extra detective work.
There are several ways you can monitor the care your loved one is receiving:
- Get to know the staff responsible for your loved one's care, including nurses, aides, and therapists. Check-in with them frequently and ask questions.
- Observe the facility at different times during the day - make sure that it is clean and properly staffed.
- Keep track of medications - be aware of what medications your loved one is taking and if they have any side effects.
- Look for signs of abuse or neglect, including bruises, cuts, or abrasions on your loved one's skin that don't have an appropriate explanation.
Signs of nursing home negligence can often be difficult to recognize or notice when you're not there often enough, so staying informed about the care provided will help ensure that any problems can be identified quickly before it escalates into something more serious.Can I Request to See My Loved One's Medical Records in A Nursing Home?
Most facilities have to provide a patient's medical records when requested. It is important to remember that your loved one's medical records are only available for review if you are legally authorized to do so. As the patient's legal guardian or the person listed on their healthcare power of attorney form, you can typically make such requests.
It is also important to note that you may be billed for the cost of obtaining these records. Generally, the charges are limited to the reasonable cost of copying or mailing them. In some instances, nursing home facilities may require payment in advance before releasing records.
If you believe that something is amiss with your loved one's care in a nursing home and want access to their medical records as part of your research into what happened, you'll need this information ahead of time to ensure you can get them when requested.Contact Frankl Kominsky Nursing Home Negligence Lawyers Serving Fort Pierce
If you or someone you love has been affected by neglect in a nursing home in Fort Pierce, the time to act is now. At Frankl Kominsky, we specialize in personal injury cases related to nursing home negligence and have the experience necessary to help you and your family get the compensation you deserve.
You should contact us as soon as possible. Our legal team will help guide you through the process of filing a claim and answer any questions you may have. We will begin by:
- Gaining an understanding of your situation and how it has impacted your life.
- Determining if there is a basis for filing a nursing home negligence claim.
- Gathering evidence such as medical records, witness statements, and other relevant documents.
- Working with experts who can provide additional insights into your case.
- Negotiating on your behalf with insurance companies.
- Advocating for any monetary compensation that you may be entitled to.
Our team at Frankl Kominsky is here for you during your time of need and will work hard to ensure justice is served in your nursing home negligence case. Contact us today at (561) 800-8000, and let's get started on this journey together!