Nursing Home Negligence Lawyers Serving Tamarac
Nursing home negligence can be a heartbreaking situation. When someone you know is at the mercy of a nursing home, you want to ensure they are safe from abuse or neglect. Unfortunately, this isn't always the case.
When you entrust the care of your loved one to a nursing home, you expect them to receive safe and adequate care. Unfortunately, this isn't always the case. Nursing homes are required to provide safe and appropriate care for their residents. If they fail to do so, it is considered negligence, and your family may be able to file a claim for damages.
If you have any reason to suspect that your loved one is being neglected in their nursing home, it is important that you take action immediately.What Is Nursing Home Negligence?
When you have an elderly loved one in a nursing home, you want to ensure they get the best care possible. Nursing home negligence occurs when a facility or staff member fails to provide the standard of care expected by the law and puts your elderly loved one's health at risk.
This negligence can come in many forms, including:
- Not providing adequate supervision leading to falls and other dangerous situations.
- Not providing enough food or necessary nutrition.
- Unsanitary conditions like mold, bacteria, and vermin.
- Not responding quickly when medical attention is needed.
- Over-medication or administering the wrong medications.
- Denying basic rights such as privacy or allowing visitors.
- Mental abuse, such as belittling and ignoring the resident.
If your loved one has experienced any of these situations, it's important that you understand how to file a nursing home negligence claim.How Do I Know if a Nursing Home Is Negligent?
If you're concerned that your loved one is being mistreated at a nursing home, it's important to understand the signs of negligence before filing a claim. Negligence can take many forms, from providing substandard care to not monitoring residents properly.
Here are some common signs of nursing home negligence:
- Unsanitary living conditions include stains on walls and floors or strong odors.
- Lack of individualized attention to the needs of each resident.
- Improperly administered medications.
- Residents are left in beds or wheelchairs for too long without moving.
- Pressure sores and skin breakdown due to inadequate medical care.
- Inadequate staffing levels or failure to hire credentialed staff members.
- Unsafe behavior by staff members towards residents.
- Failure to address medical conditions promptly.
These are all common signs that negligence may be taking place at a nursing home. If you notice any of these issues with your loved one, it's important to take action quickly.How Do I File a Nursing Home Negligence Claim?
You may have a valid claim if you or a loved one have become ill, injured, or otherwise suffered harm due to the negligence of nursing home staff members in Florida. The first step is to consult an attorney with experience in Florida nursing home negligence claims.
Your attorney will recommend steps for filing a claim, such as drafting and submitting a complaint to the relevant court and providing evidence of your damages. Additionally, your lawyer will help you to understand the process of filing a claim, the applicable laws and deadlines, and any potential challenges that may arise throughout the proceedings. An experienced attorney can help you obtain compensation for any resulting losses and damages.What Is the Statute of Limitations for Florida Nursing Home Abuse Claims?
The statute of limitations for filing a nursing home abuse or negligence claim in Florida is two years from the date of the act or omission or from the date that the injury was discovered.
This deadline varies from state to state, so if the claim involves an out-of-state facility or provider, be sure to consult your attorney about any separate deadlines that may apply.
If you are filing a claim against a government agency such as a county, municipality, or hospital organization, you only have three months to file a notice of your claim. It's important to speak with an experienced Florida personal injury attorney immediately if you're considering filing this lawsuit.
Your attorney can provide more detailed information regarding filing deadlines and statutes of limitations. Failure to comply with these deadlines could lead to the dismissal of your case.How Can I Prove Negligence in a Nursing Home Claim?
If you believe that your elderly loved one was the victim of nursing home negligence or abuse, you'll need to be able to prove that in court. To do this, you'll have to collect evidence and build a case against the person or organization responsible.
The evidence needed to prove a case of nursing home negligence will include the following:
- Medical records and care logs.
- Documentation of the injury or illness caused by the negligence.
- Records showing how much money was spent on medical treatment related to the issue.
- Eye-witness reports from family members, friends, and other residents.
- Photographs of any physical injuries.
- Videos showing any mistreatment that occurred.
- Expert testimony from registered medical professionals and qualified experts.
All this evidence can help show that an elderly loved one experienced negligence either by an employee or staff member of a nursing home or because of inadequate, improper, or negligent care on behalf of professional administrators. Those responsible can then be held accountable for their actions.What Types of Evidence Can Help a Nursing Home Negligence Claim?
You may need to gather evidence that supports your case, depending on the nursing home negligence claim you are making. This could include the following items:
This is the most important evidence in any nursing home negligence claim. This can help prove that a resident's care did not meet the standard accepted by medical professionals or that there was a lapse in care or poor management on behalf of the staff or nursing home administrator.
If any family members, friends, or other facility residents witnessed any neglect or mistreatment at the nursing home, they could provide statements to support your case.
Pictures and videos may be taken to document any neglect or injury at the facility.
A medical expert may be called to testify and explain how medical standards were violated, which can help your case.
When filing a nursing home negligence claim, you may be wondering how you'll find all the resources you need to help support your claim. It isn't easy, but there are several things that you can do to help prepare for your case.
Talk to a lawyer
You'll want to talk to a lawyer experienced in nursing home negligence cases. They can provide you with the knowledge and advice that will be invaluable as you navigate the complicated legal system. Lawyers will also be able to guide you through each step of the process and help protect your rights as the plaintiff.
Take Pictures of Anything Suspicious
If anything in the facility looks suspicious, it can help your claim if you take pictures and document everything thoroughly. This might include bruises on a resident or broken medical equipment. Any evidence like this could offer valuable insights into what happened and can also help support your claim down the road.
Collect Relevant Paperwork and Documents
Keep an organized record of all paperwork related to the incident, such as medical records, bills, or witness statements. These documents will provide an accurate timeline of events leading up to the incident and can prove that negligence was at play. Keeping them in one place will make it easier when it comes time to build your case.
The damages you can be awarded in a Florida nursing home negligence claim include economic and non-economic damages. Economic damages are losses that can be calculated through documentation and receipts, like medical bills and loss of wages. Non-economic damages address the emotional, physical, and psychological distress caused by negligence that cannot be measured with a receipt.
Economic damages you should consider when filing a nursing home negligence claim include the following:
- Hospital bills
- Ambulance fees
- Nursing home staff fees
- Home health care costs
- Cost of additional medical care or equipment
- Lost wages from missed work
- Loss of earning potential due to an injury or illness caused by nursing home negligence
- Property damages resulting from neglect
Non-Economic Damages will cover damages like:
- Pain and suffering due to suffering an injury or illness through no fault of your own
- Mental or emotional anguish due to neglect
- Loss of enjoyment of life caused by an injury or illness
One of the most important things to consider when filing a nursing home negligence claim is communication with your lawyer. You should discuss at the outset how often you'd like to be updated or contacted and ensure that your lawyer understands the desired level of communication.
This could mean anything from a weekly update call or email to ask to be notified of any changes in the status of your case. This helps keep you in the loop and informed on how it is progressing so that you can make decisions quickly if necessary.
Be sure to ask your lawyer questions such as:
- In what format will they communicate (phone, text, email, other)?
- How quickly should you expect a response if you reach out?
- What process do they have for communicating updates?
- Will another attorney in the firm work on the claim? If so, when may you expect contact from that attorney?
Having this information beforehand will help both sides move forward with confidence and clarity.What Response Should I Expect from The Nursing Home or Their Insurance Company?
Once you've contacted the nursing home and their insurance company about your potential claim, what kind of response should you expect?
Although it depends on the individual situation, generally speaking, there are a few possibilities:
- The nursing home or its insurance company may deny any negligence.
- They may agree to negotiate with you directly.
- They may refuse to negotiate with you and force you to court.
In the case of a denial, stay calm and remember that this is a common legal tactic. Gather evidence, build a strong case, and be prepared to speak to an attorney if needed. If they offer to negotiate with you directly, it's important to remember that they'll likely try to give you as little money as possible—so don't be afraid of going through the courts if needed. If they offer no negotiations, then it's probably time for you to explore litigation options and ensure justice is served in your case.What Are the Alternative Dispute Resolution Methods Available?
When it comes time to file a nursing home negligence claim, you'll have to decide which dispute resolution is best for you. While going to court is always an option, some alternative dispute resolution (ADR) methods are available that can be easier and cheaper than a lawsuit.
Arbitration is the most common form of ADR in matters concerning nursing home negligence. Arbitration offers the same level of due process as litigation and other legal proceedings without the potential delays and costs normally associated with court cases.
During the arbitration, a neutral third party, called an arbitrator, hears both sides of the case and makes an unbiased ruling based on the evidence presented. This can help you resolve your case quickly without taking it to court.
You may also want to consider mediation as another viable option for nursing home negligence claims. Mediation involves both parties meeting with a neutral mediator who helps them reach a mutually beneficial agreement outside the courtroom. This can be a great way to avoid costly litigation and resolve your case quickly and efficiently.
No matter which routes you choose, it's important that you understand all the possible legal remedies available for nursing home negligence claims before making any decisions about your case.Should I Sign an Arbitration Agreement if Asked by the Nursing Home?
This is a tricky situation, and you should consider signing an arbitration agreement cautiously. An arbitration agreement requires you to use non-judicial methods of settling disputes, like mediation, as opposed to going through the court system.
The main benefit of arbitration agreements is that they can resolve your claim quicker since trial dates won't be set unless both sides agree. However, the downside is that there's no guarantee of a fair course of trial since you could be stuck with an arbitrator handpicked by the healthcare center.
Another element of caution when dealing with an arbitration agreement is that "the American Arbitration Association...requires parties to keep their arbitration confidential." So if you want to make your claim public—in the case of seeking out government funding or applying pressure on the nursing home staff—you may be unable to do so.
In light of this, here are some points for consideration:
- Before signing any arbitration agreement, read through it carefully and ensure you understand what's in it.
- Get a free consultation from an experienced nursing home abuse lawyer who can show you any downsides and potential risks associated with signing such an agreement.
- Ask your attorney if there's any way for the signed agreement to be waived or modified to better favor you and your family before proceeding with it.
If you suspect nursing home neglect or abuse in Florida, it's important to contact the state health department so that an investigation can be launched. You can report any suspected incidents of nursing home abuse by calling the Florida Abuse Hotline toll-free at 1-800-962-2873.
When you call, you will have to provide certain information that may include:
- The name or location of the nursing home.
- The type of abuse or neglect you suspect.
- The name of the person responsible for neglecting or abusing.
- Any witnesses to the event.
You are not required to provide your name, but it is beneficial if you choose. Once a complaint is made and submitted, it will be investigated by an inspector who will follow up with the facility and take corrective action, if any.Contact Frankl Kominsky Injury Lawyers, Nursing Home Negligence Lawyers Serving Tamarac
When filing a nursing home negligence claim, the first and most important thing you need to do is contact an experienced and skilled nursing home negligence attorney. Frankl Kominsky Injury Lawyers is one option for you for a law firm serving Tamarac, Florida. Our experienced attorneys can help you evaluate your case and understand your legal options.
At Frankl Kominsky Injury Lawyers, our attorneys are dedicated to ensuring that the elderly receive the quality of care they deserve. We fight hard on behalf of our clients and their families who have been victims of negligence in a nursing facility. We will help you navigate the complicated legal process and maximize your compensation for any damages that have been suffered.
Our lawyers have a strong reputation for getting results for families and individuals victimized by nursing home negligence. We understand that filing a nursing home negligence claim can be challenging, so we strive to provide compassionate representation and aggressive legal advocacy throughout the process. Contact us today at (561) 800-8000.