Nursing Home Negligence Lawyers Serving Greenacres

Nursing home abuse and negligence can have serious physical, emotional, financial, and legal consequences. Knowing your rights is essential to ensure you, or your loved one receives the best care possible.

Understanding what constitutes nursing home negligence and how to handle it can be confusing—but here's the good news: if you or a loved one has suffered due to nursing home negligence in Florida, there are options available to take legal action and receive compensation.

Whether you're looking for information on recognizing signs of poor care and potential abuse or what steps to take if you believe you have a valid claim against a nursing home facility in Greenacres, this article will provide the answers you need. Read on for an overview of possible nursing home negligence claims in Florida—and advice on filing them.

What Are Some Common Examples of Nursing Home Negligence?

When it comes to understanding the different types of nursing home negligence, it's important to remember what qualifies as "negligence." Generally, this means that a facility has neglected its duty to provide an elderly resident with a reasonable standard of care according to what is expected in the medical community.

Some common examples of nursing home negligence include:

  • Failure to provide timely medical attention.
  • Failure to protect residents from abuse or neglect.
  • Unsafe living conditions, such as bedsores or slips and falls.
  • Lack of regular meals and nutrition.
  • Medication errors.
  • Improper staff training or supervision.
  • Unsanitary conditions that can lead to infection or illness.

If any of these conditions are present in your loved one's Florida nursing home, it may be evidence of nursing home negligence and should be addressed with legal action.

What Damages Can I Recover in A Nursing Home Negligence Claim?

When filing a nursing home negligence claim, an important question to answer is: What damages can I recover?

Generally, you can seek compensation for medical bills, lost wages, pain and suffering, and punitive damages. You may also be able to recoup the cost of future medical treatments related to the injury.

Medical Bills
Medical bills are often the most obvious form of compensation sought in a nursing home negligence claim. This can include bills from ambulance rides, hospital stays, physical therapy and any other necessary medical care following an injury.

Lost Wages
If the injured party was employed during their injury, claims for lost wages will typically be included in a nursing home negligence suit. This is in addition to any incapacity payments which may be owed as part of income protection insurance due to the inability to work as a result of the injury suffered.

Pain and Suffering
Pain and suffering damages encompass physical pain and emotional distress resulting from the defendant's negligent act or omission. This includes mental anguish associated with post-traumatic stress disorder (PTSD), physical disfigurement or disability that results from the incident, or long-term physical injury that continues.

Punitive Damages
Punitive damages are not available everywhere; however, they might apply if gross negligence or intentional misconduct is proven in court. Punitive damages are generally twofold:

  • Punish wrongdoers for particularly egregious conduct.
  • Send a message that this type of conduct is not tolerated in Florida courts.
What Evidence Should I Gather to Support My Nursing Home Negligence Claim?

When it comes to filing a nursing home negligence claim in Florida, it's essential that you have evidence to support your claim. This can be difficult to come by, so the best advice is to take action as soon as possible.

Collect Information about the Facility and Medical Staff
This might include the names of any medical personnel involved in your loved one's care—specifically, those you suspect or know may have neglected or abused them. You should also collect as much information as possible about the facility, such as its policy and procedures manual, employee records, and other documentation related to your case.

Gather Medical Documents & Records
Your main focus should be on relevant medical documents, such as medical reports and records regarding your loved one's condition before and after their stay at the facility. This could include monthly assessments and activity logs if they were in a long-term care facility.

Take Photos & Videos
It's important to document what you observe during and after a visit. This can help support any allegation of neglect or abuse that you make against a nursing home or its staff members. Be sure to take any photos and videos discreetly so that you don't violate HIPAA laws or rules for visitors at the facility.

Gathering evidence is a key part of preparing for your nursing home negligence claim, so it's important that you gather whatever information is available to strengthen your case.

Can I File a Nursing Home Negligence Claim If I Signed an Arbitration Agreement?

You may be wondering if you can still file a nursing home negligence claim, even if you signed an arbitration agreement. The answer is yes, but there are some things that you need to know.

The most important point is that the arbitration agreement must be valid and enforceable. If any part of the agreement was not formed in good faith or is unclear, it may not be valid under Florida law. However, if the agreement is valid, you must take your case to arbitration instead of going to court.

At arbitration, you and the other party present evidence and witnesses are examined before an arbitrator decides your claim. This process can be more efficient than a trial because it eliminates the need for lengthy pre-trial procedures such as depositions and document exchange. Additionally, arbitration is often less expensive than litigation and can result in a quicker resolution of your claim.

Remember, before signing any agreement surrounding a nursing home negligence claim in Florida. It's important to read all documents carefully and consult an experienced lawyer who can help explain any potential consequences of signing such an agreement.

Can I File a Nursing Home Negligence Claim If My Loved One Has Preexisting Medical Conditions?

You can file a nursing home negligence claim if your loved one has preexisting medical conditions. This is because even if a patient has preexisting medical conditions, that does not mean that the nursing home should be allowed to provide negligent care. It's important to remember that all patients deserve quality care and attention regardless of their health circumstances.

To prove your claim, you must demonstrate how neglect or abuse escalated a preexisting condition and led to additional harm. If your loved one was already experiencing mobility issues, for example, you'll need to prove that the nursing home failed in its duties while caring for them – such as not providing proper support during transfers or not assisting in keeping them mobile.

It's also important to keep in mind that many nursing home negligence cases involve issues like poor hygiene practices, not providing patients with adequate nutrition or hydration, or failing to medicate or monitor patients correctly – all of which can affect the health of any patient regardless of any preexisting medical conditions they may have.

What Is the Role of The Florida Agency for Health Care Administration in Nursing Home Negligence Claims?

If you have a nursing home negligence claim in Florida, you'll likely be dealing with the Florida Agency for Health Care Administration (AHCA). The AHCA is the state agency responsible for regulating and monitoring nursing homes and investigating and enforcing laws related to patient care in these facilities.

When filing a negligence claim against a nursing home, the AHCA plays an important role. They have the power to investigate allegations of abuse and neglect, issue fines or warnings to facilities found guilty of violating regulations, revoke licenses from those repeatedly violating regulations, and suspend Medicaid payments in cases of egregious violations.

Since they're the governing body for nursing home facilities in Florida, AHCA may be your main point of contact if you're considering filing a negligence claim. They can investigate complaints on your behalf and provide information on standards that facilities must meet.

Thereby helping you better understand the situation before taking action. It's also wise to contact an attorney who specializes in nursing home negligence cases to truly understand your rights under Florida law and learn more about how nursing homes are regulated.

Can I File a Nursing Home Negligence Claim If the Nursing Home Is Owned by A Government Entity?

Yes, you can file a nursing home negligence claim even if the nursing home is owned by a government entity. However, there are some extra steps and hoops you need to jump through before filing a negligence claim against the government.

If you're considering filing a nursing home negligence claim against a government-owned facility, here are some things to keep in mind:

Statute of Limitations
Remember, there is typically a statute of limitations for any claim in Florida. In the case of negligence claims brought against the government or state, the time limit is much shorter than that for regular negligence claims.

For example, you typically have two years from the date of injury to file a negligence lawsuit against private entities—but when filing against state entities in Florida, you only have three months. It's important to talk to an attorney ASAP if you are considering entering litigation related to nursing home negligence since your timeline may be limited.

Notice of Claim
In addition to being aware of any statute of limitations that may apply, it's also important to make sure you follow proceedings required by Florida law when suing the government. That includes filing a Notice of Claim with the appropriate division within two years after the injury (or within two years after it should have been discovered).

This notice outlines your complaint and must be served on each agency before initiating litigation. Without this paperwork filed properly and with the correct documentation, your case will not move forward.

Can I File a Nursing Home Negligence Claim If My Loved One Was Injured by Another Resident?

Absolutely—but it's not always easy. Depending on the situation, several people or parties could be responsible for your loved one's injuries. A few possible scenarios include the following:

  • The nursing home may be liable if they didn't provide adequate supervision or protection to residents or if the facility is overcrowded.
  • Another resident may be at fault for any direct harm.
  • Medical professionals may be liable for failing to provide proper care and monitoring of residents prone to aggressive behavior.
  • Pharmaceutical companies could also be at fault if an incorrect prescription or medication caused adverse reactions that resulted in the injury.

No matter what happened, you will have to prove that someone acted negligently and is liable for your loved one's injury—so it's best to work with an experienced lawyer who can help you navigate the complexities of a Florida nursing home negligence claim and determine who is responsible so that you can get justice for your loved one.

Can I File a Nursing Home Negligence Claim If My Loved One Was Injured While Under the Care of a Third-Party Contractor?

Yes, it is possible to file a nursing home negligence claim if your loved one was injured while under the care of a third-party contractor. When this happens, the first thing to do is to determine who was responsible for caring for your loved one at the time of their injury.

If the contractor is responsible, you can file a claim against them. However, if the nursing home itself had ultimate responsibility for your loved one's care and safety, you may also be able to pursue a claim against them.

It's important to note that filing a claim may be more complicated if you sue both parties. This is because different laws and regulations apply to each party, and the claims process can become confusing quickly.

Your best bet is to contact an experienced attorney who can help guide you through the process and review any documents or evidence related to your loved one's case.

What Is the Nursing Home Resident's Bill of Rights?

Knowing about the Nursing Home Resident's Bill of Rights is helpful before filing a negligence claim against a Florida nursing home. Understanding these rights will give you a better idea of the type of care your loved one should receive and whether the nursing home is providing the level of care it should.

The Nursing Home Resident's Bill of Rights outlines all the rights that your loved one has, such as:

  • The right to be treated with respect and dignity.
  • The right to be free from abuse, neglect, and exploitation.
  • The right to privacy during personal care, medical treatment, and conversations.
  • The right to voice complaints or grievances without fear of discrimination or reprisal.
  • The right to be fully informed about resident rights and services.
  • The right to organize and participate in activities within and outside the facility.

If you feel that any of these rights have been violated by a Florida nursing home, then you should consider filing a negligence claim against them.

Can I File a Nursing Home Negligence Claim If My Loved One Signed a Do Not Resuscitate (DNR) Order?

Yes, you can still file a nursing home negligence claim even if your loved one signed a Do Not Resuscitate (DNR) order. DNR orders are written directives that tell medical professionals not to attempt resuscitation if breathing or the heartbeat stops.

However, the DNR order does not allow medical professionals or nursing homes to mistreat a patient. If medical professionals or nursing home staff acted negligently in treating your loved one, leading to injury or death that was against the DNR order, you may be able to pursue a claim for negligence against them.

In some cases, victims can make claims even if the care wasn't outside of what was outlined in the DNR order — if treatments were performed with gross negligence, they may be liable for damages. However, it is important to note that these cases are more difficult to prove and may require testimony from experts such as hospital physicians or nurses.

Contact Frankl Kominsky Nursing Home Negligence Lawyers

If you are considering filing a nursing home negligence claim in Florida, it's important that you have an experienced team of attorneys to guide you through the process. That's where Frankl Kominsky Nursing Home Negligence Lawyers Serving Greenacres, Florida, come in.

We are here to help families like yours who have suffered from nursing home negligence. We understand what it takes to build a strong case and will tirelessly fight for your rights and pursue maximum compensation.

Our attorneys have decades of experience specializing in nursing home negligence litigation. We provide comprehensive legal services tailored to the unique needs of our clients.

So don't hesitate—to contact us at (561) 800-8000 today for a free consultation with one of our experienced lawyers. We are here for you every step of the way and will do everything we can to ensure your success.

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