Nursing Home Negligence Lawyers Serving North Miami

As a North Miami resident, you should care about nursing home negligence to ensure that your loved ones are safe and receiving the best care possible. Nursing home negligence is a serious issue, and it is important to be aware of the laws and regulations surrounding it so that you can take the necessary steps to protect your loved ones

No one ever expects to have to think about filing a negligence claim against a nursing home. That being said, if you or someone close to you has suffered from a nursing home's negligence, it is important to recognize your rights and understand your legal options.

If you're looking to take legal action against a nursing home for negligence in North Miami, you might feel overwhelmed. After all, there's a lot to know about nursing home negligence, and it's important to understand the legal process before getting started.

What is Nursing Home Negligence?

Nursing home negligence is a type of neglect that occurs in long-term care facilities and can include everything from physical or emotional abuse to inadequate medical treatment.

Most importantly, you need to know that nursing home negligence can cause serious harm to vulnerable individuals. It's important for the families of elderly people in care facilities to be aware of potential risks of neglect and how to spot signs of mistreatment.

Neglect of basic needs in nursing homes is illegal under federal law. This includes but is not limited to failure to provide adequate care and a safe environment, failure to protect residents from abuse and financial exploitation, inadequate nutrition, unsanitary living conditions, and failure to respond promptly to healthcare needs. These types of negligence can lead to falls, bedsores, dehydration, and malnutrition.

Nursing home negligence can take many forms, including medical malpractice—the inappropriate treatment or lack thereof—medication errors made by nurses or physicians that cause injury or death; physical abuse; emotional abuse; sexual abuse; irresponsible supervision that leads to accidents or injuries; or the exploitation of residents through breach of fiduciary duty or misuse of funds.

All forms of neglect at a nursing home are illegal under state and federal laws. If you believe your loved one has been the subject of any form of neglect in a North Miami nursing home facility, it's important that you take action promptly.

Types of Nursing Home Negligence

When it comes to nursing home negligence, it's important to know your rights as an elderly person. While most nursing homes operate to provide top-quality care, unfortunately, there are some cases where a nursing home may be negligent, resulting in harm or injury to the elderly resident.

Let's take a look at the different types of nursing home negligence you should be aware of:

  • Neglect: This is when a facility fails to provide the basic care and attention that your aging loved one needs. Neglect includes failing to provide food, water, bathing or hygiene assistance, and help with medications.
  • Physical Abuse: This type includes any purposeful physical harm done by nursing home staff or visitors. Physical abuse can include pushing, hitting, kicking, and restrained use of force against elderly individuals living in the facility.
  • Sexual Abuse: Any sexual interaction between staff members or visitors and elderly residents is considered sexual abuse and is strictly prohibited by law.
  • Financial Exploitation: Financial exploitation involves any misuse of a senior's financial information without their permission or taking money without receiving services rendered in return from the facility itself.
  • Emotional Abuse: Harming an elderly individual by verbal abuse, humiliation, and fear tactics for power or control is considered emotional abuse in senior living facilities. This could include intimidation through threats, harassment, or verbal assaults on their self-esteem or character.

It's important to be aware of these forms of negligence to take appropriate measures if you ever suspect someone is being abused while living in a nursing home environment.

What is Statutory Protection of Older Persons?

Statutory protection of older persons is a law designed to protect senior citizens. This law makes it illegal for any abuse, neglect, or exploitation of a person 65 years or older who lives in a nursing home or assisted living facility.

The definition of abuse includes physical, emotional, or psychological harm, financial exploitation, and neglect. Abuse can come from family members, staff, or other facility residents. Neglect is failing to provide adequate care, including food and water, medical care, and freedom from harm.

To bring an action against the facility for nursing home negligence in Florida, you must prove that the facility violated one of the duties that Florida Statute 415.102 outlines. Some key examples are:

  • Failing to assess each resident's needs properly and developing an individual plan.
  • Failing to provide physical exercise and social activities.
  • Failing to maintain cleanliness and hygiene.
  • Failing to protect each resident from mistreatment.
  • Failing to provide appropriate staffing levels or adequately trained staff.
  • Failing to provide basic care such as adequate nourishment and hydration.
What Qualifies as "Neglect" in a Nursing Home Setting?

When it comes to nursing home negligence, it's important to understand what constitutes neglect. Neglect is defined as any action (or lack of action) resulting in an unreasonable risk of harm or injury to a resident. This includes failing to provide residents with the necessary food, clothing, shelter, and medical care for their physical and emotional well-being.

Here are some examples of neglect in a nursing home setting:

Lack of Supervision & Care

Residents may be neglected if they do not receive the proper supervision and care for their daily needs and medical conditions. This can include failing to check on them regularly, providing improper medical treatment (or no treatment at all), failing to help with activities like bathing or walking or ignoring their medical needs or requests for assistance.

Poor Living Conditions

Residents living in poor conditions due to unsanitary rooms, insufficient space, unclean linens, or bathrooms may be considered neglected. In addition, residents may be subject to emotional abuse if they're subject to verbal taunts from staff members or other residents.

Medication Mishaps

Failing to administer medications properly can also constitute neglect. For example, if a resident isn't given their medication on time or the wrong dosage is administered, this could result in unnecessary pain and suffering for the resident.

It's important that you understand what qualifies as neglect so you can promptly address your concerns about your loved one's well-being and ensure they receive the care they deserve.

Statute of Limitations for a Nursing Home Abuse Lawsuit in North Miami, Florida?

In North Miami, Florida, the Statute of Limitations is two years. That means that if you want to file a lawsuit based on nursing home negligence, you must do so within two years of the incident.

It's important to remember that in some cases, like when a minor is involved, the statute of limitations may not begin until the child turns 18 and can file the lawsuit themselves. Other cases can be even more complex—it's best to speak with an experienced attorney if you're unsure how to proceed.

What Are the Common Signs of Nursing Home Negligence?

You may be wondering what signs of nursing home negligence you should be aware of. Unfortunately, many nursing homes will not show the signs of their neglect immediately; it takes time for you to build up a case proving your loved one has been neglected. However, there are a few signs that may indicate something is wrong:

  • Unexplained physical injuries or marks - If your loved one is suddenly showing bruises or other wounds, this could be a sign that they are facing physical abuse in the care home. It's important to note any changes in skin color, marks, or sudden overwhelming fatigue if you suspect negligence or abuse.
  • Sudden behavioral changes - If your loved one was previously able to talk and interact with other people with ease but suddenly starts becoming withdrawn and disinterested in activities they previously enjoyed, this could be an indication of abuse from staff members or other residents.
  • Neglect of basic needs - If you visit the nursing home and find that the staff isn't providing adequate food, clothing, personal hygiene items (toothbrush and toothpaste), or prompt medical care--all of which are required by law--this could be an indication of nursing home negligence.
What Are the Legal Requirements to File a Nursing Home Negligence Claim?

A good understanding of the legal requirements to file a nursing home negligence claim is key to ensuring that your claim is valid and your case holds up in court. In Florida, three key requirements must be met for a nursing home negligence claim:

Duty of Care

The facility, staff, or individual must have had a duty of care to the victim. This means they had a responsibility or obligation to act in the victim's best interest and protect them from harm or injury.

Breach of Duty

The facility, staff, or individual who had the duty of care must have breached that duty by not providing the standard amount of care they should have. This means their actions were not up to their standard or what would be considered "normal" under similar circumstances.

Harm or Injury

Lastly, there must be harm or injury as a result of the breach of duty. The harm can be physical, emotional, or financial and must have been caused directly by the breach of duty for you to have a valid claim.

Below are other factors to consider when filing a claim:

  • Prima Facie Case - You must prove that there is evidence of negligence or abuse before moving forward with any legal action against a nursing home or its staff.
  • Statutory Damage Caps - In some states, including Florida, there may be limits on how much money you can recover from a successful lawsuit against a nursing home for negligence or abuse.
  • Settlement Agreements - Nursing homes may offer out-of-court settlement agreements which can offer compensation for damages and help resolve some conflicts without significant time and expense spent in court or additional legal fees associated with litigation.
How to Determine Liability in Nursing Home Negligence Cases?

If you're looking to file a nursing home negligence case in Florida, you will want to know who's responsible for the injury or harm that resulted from the negligence. Determining liability is key because this will be how you get your compensation for the losses suffered.

To determine liability, there are a few questions you'll have to answer:

Was it the Fault of the Nursing Home Staff?

If it is determined that the staff was at fault, they may be held responsible for all financial losses associated with the injury. This can include medical bills and other costs related to necessary care.

Was it Someone Else's Fault?

It's important to consider whether or not another person or entity was also at fault in contributing to the nursing home's negligence. If so, they may be held accountable as well.

Was There a Pattern of Neglect and Mistreatment?

Often, nursing home neglect is not just an isolated incident but an established pattern of mistreatment. If this can be determined in court, all parties involved may be liable for any damages resulting from the neglect.

What Damages and Expenses Can Be Recovered From a Nursing Home Negligence Lawsuit?

When you file a nursing home negligence claim in Florida, there are certain damages and expenses for which you may be entitled to seek compensation. This includes, but is not limited to:

  • Medical expenses: This includes bills for care and treatment related to the injury or illness caused by nursing home negligence.
  • Lost wages: You may be able to seek compensation for any wages lost due to time away from work or missed work as a result of the injury or illness caused by nursing home negligence.
  • Pain and suffering: You can seek compensation for physical pain, emotional distress, and mental anguish caused by the negligence of the nursing home staff.
  • Wrongful death damages: If your loved one died as a result of a nursing home's negligence, you may be able to seek compensation for funeral expenses, loss of companionship, mental anguish, and more.
  • Punitive damages: These types of damages are not intended to make up for losses or injuries suffered, but rather, they are intended as punishments for negligent behavior on behalf of the nursing home staff or facility. In some cases, depending on the severity of the acts committed, punitive damages may be awarded in addition to other types of damages mentioned above.

No matter what kind of expense or damage you have suffered due to nursing home negligence in Florida, it's important that you understand what rights you have to get adequate compensation for any losses you have experienced.

How to Build a Strong Nursing Home Negligence Case?

Now that you know what nursing home negligence looks like, you may need to build a strong legal case to get fair compensation for your losses. This is where the evidence comes in - you will need to demonstrate that the nursing home was negligent and responsible for your loved one's harm.

To build your case, you'll want to:

  • Gather evidence: Start by collecting relevant medical records and other documentation of the nursing home's neglect, such as any accident or injury reports and photos of the incident and its impacts.
  • Identify witnesses: It also helps to find witnesses who saw or experienced the same or similar negligence as yours- they can corroborate your story with their testimonies in court.
  • Contact an attorney: This is perhaps one of the most important things to do if you want a strong nursing home negligence case. An experienced attorney will be able to guide you on which pieces of evidence are admissible in court and provide professional advice throughout the entire legal process.
Frankl Kominsky Injury Lawyers, Nursing Home Negligence Lawyers Serving North Miami We Are Here for You

You already know you need to hire an experienced nursing home neglect attorney if you have a negligence case or abuse against an elderly nursing home resident in Florida. But did you know that the Frankl Kominsky Injury Lawyers law firm has experienced attorneys who are here for you and can help you get the justice your loved one deserves?

At Frankl Kominsky Injury Lawyers, our legal team provides comprehensive legal services focused on successfully representing elderly residents in nursing home negligence cases. We understand that a vulnerable loved one has been affected by the negligent actions of a healthcare provider, and we are committed to ensuring their rights are protected so they can get the compensation they rightfully deserve.

We have experience litigating against all types of nursing homes, including assisted living facilities, psychiatric hospitals, assisted living communities, and other long-term care facilities. Furthermore, our attorneys will fight aggressively for you every step of the way. We will ensure that all responsible parties are held accountable for their negligent behavior and that your loved ones receive the justice they deserve.

So, if you or someone you know is searching for experienced nursing home negligence lawyers serving North Miami, reach out to us today at Frankl Kominsky Injury Lawyers at (561) 800-8000. Our experienced attorneys will provide dedicated representation and are here for you every step of the way.

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