Nursing Home Negligence Lawyers Serving Vero Beach
Most people help organize care for aging loved ones after they reach a certain age. Some elderly Floridians in the Vero Beach area require some assistance with activities of daily living. Others require 24-hour nursing care, which can be found in various long-term care and rehabilitation facilities in Florida.
Although nursing homes are not everyone's first option for caring for elderly loved ones, those who choose them expect their loved ones will be treated with respect and dignity and have access to the medical care they require.
Nursing homes in Vero Beach provide older people and their families with the attentive, supportive care that many have come to expect. Unfortunately, some Vero Beach nursing homes fail to deliver the desired level of care. Some fall short, and their negligence causes damage to residents and their families through injuries, emotional distress, and financial hardship.
Residents of nursing homes in Florida are protected by the state's no-fault insurance system, which allows them to sue for damages caused by the negligence of others.
Frankl Kominsky Injury Lawyers has a team of caring and dedicated lawyers serving clients in the Vero Beach area who are seeking legal and financial redress for injuries sustained because of negligent nursing home administration and personnel.
If you or a loved one in Vero Beach has suffered because of nursing home neglect, please contact us for a free consultation.Frankl Kominsky Injury Lawyers Are Dedicated to Seeking Justice
Frankl Kominsky Injury Lawyers have extensive expertise representing individuals who have been injured due to a nursing home or long-term care facility negligence in Florida.
We represent clients all over the Sunshine State. We have successfully recovered compensation through settlements and jury verdicts through firms' commitment to obtaining justice and compensation for Floridians hurt by the negligence of other parties.
Although we cannot promise specific results, we will use our significant expertise and resources to advocate for our clients' rights and finances and ensure that nursing home residents in the Vero Beach area receive the respect and care they deserve.Nursing Home Resident Bill of Rights in Florida
The Florida Nursing Home Resident Bill of Rights provides residents of nursing homes with fundamental rights and protections. These rights are commonly violated through the negligence of a Vero Beach nursing facility. They include the right to:
- A safe and decent living space
- Be treated with dignity and respect
- Use personal property
- Use a phone privately
- Receive guests between 9:00 a.m. and 9:00 p.m.
- Take part in any and all activities offered at the nursing home while retaining as much autonomy as possible
- Take charge of their money management
- Share a room with their partner
- Get some fresh air and exercise frequently
- Participate in religious activities
- Prompt medical attention
- Feel safe making a complaint or asking for a change in policy
We at Frankl Kominsky Injury Lawyers work to enforce Florida legislation that requires Vero Beach's nursing homes and other long-term care facilities to protect the legal rights of their patients and residents.
The statute permits courts to levy a $2,500 fine on a nursing facility, staff member, or caregiver who violates any of the abovementioned rights. This fine is awarded to the state, not the victim, and is therefore insufficient to make up for the harm caused by severe neglect or abuse.
But, residents who have suffered abuse or neglect are permitted by law to seek redress in a Florida court.What Is Nursing Home Negligence?
Nursing home negligence is any negligent act that causes damages and injury to a nursing home resident. A nursing home's staff and other caregivers, and the entire facility, can act negligently. The following are some examples of nursing home negligence that may lead to a viable legal claim:
- Verbal, psychological, and physical abuse
- Allowing another caregiver to subject a resident to mistreatment
- Poor sanitation
- Lack of assistance with, or provision of, personal hygiene
- Neglecting to monitor older adults in a care facility
- Malnutrition and dehydration due to a lack of enough nutrition
- Stealing money or valuables from older people in care
- Failing to perform employee screening and background checks
- Poor training for new caregivers
- Failing to address resident complaints about care providers or the facility
- Staffing shortages that prevent residents from receiving proper care
If an injury happens because of a nursing home's unreasonable risky decision or behavior, it could be considered negligence. Personal injury attorneys at Frankl Kominsky Injury Lawyers will pursue compensation from negligent Vero Beach nursing facilities on behalf of injured patients.Statute of Limitations for Nursing Home Abuse in Florida
There is a strict statute of limitations for filing a lawsuit in the Vero Beach area if an elderly family member was injured due to nursing home negligence. The exact time limit may vary. In most situations involving nursing home negligence in Florida, the injured person or their representative must file a lawsuit against the nursing care facility within two years.
But there are some exceptions to the time limit. For instance, some patients in nursing homes may lack the mental faculties necessary to express their pain or report accidents to staff. It may take several days, weeks, or months for loved ones and medical professionals to recognize the warning indications of neglect or abuse.
Nursing home residents or their representatives in Florida may have two years from the day the injuries were discovered to file a lawsuit or reasonably should have been discovered.
Under Florida law, a resident's family or legal representatives generally can file a wrongful death case against a Vero Beach nursing home if the resident's death was the consequence of the nursing home's negligence.
In most states, a plaintiff has two years from the date of the decedent's death to file a wrongful death complaint. Time constraints for filing lawsuits are significant to the skilled nursing home negligence lawyers at Frankl Kominsky Injury Lawyers serving in Vero Beach, Florida.
However, our team can't help until clients reach out. The statute of limitations may prevent you from recovering damages from a Vero Beach nursing home that was negligent and caused you or a loved one harm if you wait too long to get in touch with us.Signs of Nursing Home Negligence in Vero Beach
Harmful negligence in a Vero Beach nursing home or long-term care facility is not always easy to identify. When loved ones visit a loved one in a nursing home, they may mistake warning signs for the inevitable effects of aging.
Fear of retaliation from staff is another reason why nursing home residents might not report staff malpractice. Not all negative health outcomes or injuries are caused by nursing home neglect.
Friends and family members are encouraged to follow their instincts and contact Frankl Kominsky Injury Lawyers if they suspect nursing home abuse or neglect in Vero Beach. Something may be wrong with your loved one's care in a Vero Beach nursing home if you notice unusual signs like:
- Bedsores and other skin injuries
- Extreme weight loss
- Pale skin
- Pale eyes and hollow cheeks
- Unsanitary living conditions, including filthy linens and clothing
- Withdrawal from participation in nursing home life
- Unwillingness to communicate while surrounded by caretakers
- Missing valuables like money, jewels, checks, and sentimental family heirlooms
- Fraudulent activity, such as unauthorized charges or address changes, on financial accounts
The Florida Department of Health has established guidelines for nursing home employees. First and foremost, nursing homes must employ only fully trained and certified medical professionals. Nursing aides and medical professionals should take courses to prove their competence before being hired by a nursing home.
Nursing homes in Florida must always have a physician, a dietitian, and a nurse on staff. All these workers must meet the qualifications and eligibility standards set forth by Florida law. In addition, they must pass a background check that meets the requirements set forth by the state of Florida.Life Expectancy of Patients
When a person is a resident of a nursing home in Florida, they are guaranteed certain protections under the law. According to state law, nursing homes in Florida must provide their residents with a safe, clean, comfortable, and homelike atmosphere.
Patients at nursing homes in Florida must be provided with clean clothing, bedding, and living spaces per state regulations. Patients need access to potable water, hot showers, appropriate lighting, and a soothing environment. Nursing home residents in Florida are also guaranteed specific basic safety amenities, thanks to state law.Patient Privacy
Patients in nursing homes in Florida must be given privacy for medical care and other personal needs. Unless in emergencies or when it is medically inappropriate, patients may close their rooms and request that staff knock before entering. Patients in Florida nursing homes have the legal right to keep and use their own belongings safely and securely.
Patients' ability to make their own decisions is protected by law in Florida nursing homes. The nursing home staff has a duty to encourage and facilitate the patient's exercise of these rights.Florida Laws that Apply to Nursing Home Negligence Lawsuits
A case involving nursing home negligence may involve different laws, such as.
United States Nursing Home Care Standards
The United States federal government regulates nursing home care. The federal Nursing Home Reform Act mandates standards for functional evaluation, quality assurance, and written care plans. Violations and false statements will result in the indicated consequences.
The Florida Nursing Home Bill of Rights
Florida Statute 429.281 establishes protections for nursing home residents across the state. It explains in depth what privileges each nursing home inmate is entitled to.
Protecting people from mental, emotional, and financial abuse is a fundamental human right. All residents should have access to the medical attention they need to maintain their physical and psychological well-being. No one should be afraid to care for their finances or share their ideas and concerns.
Florida Civil Negligence Laws
In Florida, victims of nursing home abuse or neglect can seek compensation under the state's civil negligence laws. Everyone has a responsibility to act in a way that respects the rights of others and does not inflict unnecessary suffering on them.
When you put your safety in someone else's hands, you must hold them to a very high level. Abuse or neglect occurs when a person or group with responsibility for another person's welfare fails in that responsibility. If you've been hurt due to someone else's carelessness, you can file a lawsuit for damages.
Florida's Criminal Laws
Nursing home neglect or abuse is a criminal offense in Florida. Abuse of a senior citizen is prohibited by Florida Law 825.1024. Aggression, physical violence, and even fraud can result from disregarding the needs of the elderly.
If a civil remedy is appropriate, criminal liability for elder abuse or neglect may still exist.Reporting Vero Beach Nursing Home Negligence
Report your concerns if you or someone you care about lives in a nursing home and you feel they have been injured due to nursing home neglect. Your loved one's legal and financial rights may be affected depending on how you report your concerns and to which authorities you submit them.
Naturally, security is the top concern. Report your concerns to law enforcement immediately if you believe a Vero Beach nursing home resident is in imminent danger due to nursing home neglect, and take any other actions you deem necessary to remove the resident from harm's way.
Contact Frankl Kominsky Injury Lawyers immediately if you do not feel the situation to be an emergency and before taking any further action to report the alleged negligence.
If you suspect neglect at a nursing home, our lawyers can provide a quick assessment and advise you on whether and how to file a complaint with state regulators or the nursing home itself. An official complaint to regulators or management may significantly impact a nursing home resident's ability to seek compensation for injuries and losses.
Planning how to raise your concerns to the authorities or the nursing home's management with the advice of an experienced nursing home negligence attorney is often preferable to the danger of making a well-intentioned but costly mistake.Seeking Financial Recompense Due to Negligence at a Florida Nursing Facility
An injured resident in Vero Beach nursing home, or someone acting on the resident's behalf, can take legal action for damages under Florida law. Although every situation is unique, residents can frequently file claims for:
- Medical expenses
- Cost of mental health services
- Costs associated with mobility aids, including walkers, wheelchairs, and canes
- Projected long-term care costs due to an injury, disability, or condition caused by nursing home neglect
- Physical pain and suffering
- Mental anguish and distress
- Transfer fees to another facility, if necessary
- Punitive damages where the nursing home or its personnel acted maliciously, causing harm to a resident
A resident's family or legal representative might be able to take legal action through a wrongful death lawsuit if the resident's death was caused by the Vero Beach nursing home's negligence. This lawsuit may allow the resident's family to recover many of the categories of damages listed above, as well as funeral and burial expenses.
Frankl Kominsky Injury Lawyers represents nursing home patients who have suffered injuries due to the carelessness of others. The safety and well-being of our clients are our top priority, and we will stop at nothing to get them total compensation for any and all harm done to them.What Is the Value of Your Claim?
The value of a claim for nursing home mistreatment depends on several factors. The merits of a legal claim, the severity of the victim's injuries, and the character of the nursing home's conduct can all affect the settlement amount.
You, as the plaintiff, have the burden of meticulously gathering evidence to back up your claim in court.
The complainant has the burden of certifying that the investigation findings establish sufficient grounds for legal action against each defendant named in the complaint. The resident's family must give the alleged wrongdoer formal notice of their intent to sue, stating the claims of abuse or neglect, the injuries sustained, and the damages suffered via certified mail.Contact Experienced Nursing Home Negligence Lawyers Serving Vero Beach
We expect our elderly loved ones to receive excellent care in the hands of Vero Beach's nursing homes. People who harm the residents in their care due to negligence should be held financially and legally responsible.
Vero Beach nursing home residents and their families can count on the professional and caring attorneys at Frankl Kominsky Injury Lawyers.
If you or a loved one has been injured due to the carelessness of a Vero Beach nursing facility, please call (561) 800-8000 or reach out through our contact page to schedule a free consultation with one of our lawyers.