Nursing Home Negligence Lawyers Serving Wellington

When your loved one's health and well-being are at stake, you want to ensure their care is in the hands of responsible, capable professionals. Unfortunately, nursing home negligence is all too common in Florida. To ensure that you can hold those responsible for your loved one's care accountable, it's important to know your rights as the aggrieved party.

For starters, it's important to understand the basics of negligence law in Florida. When it comes to medical care, there are two types of negligence: actual and constructive. Actual negligence occurs when a professional takes action or fails to take an action that causes harm.

Constructive negligence occurs when a professional fails to meet a standard of care; this may be implied by state or federal law or by a voluntary code of practice within the field.

Since nursing homes have specific standards for providing quality care for residents, if these standards are not met, and an injury or illness occurs as a result of this failure, it may be considered neglect or malpractice.

Does Financial and Emotional Abuse Equate to Negligence?

Yes, financial and emotional abuse can count as negligence in the eyes of the court. This type of abuse is hard to monitor, so if you suspect it is happening in a nursing home facility, it's important to put your worries into words and document your concerns as soon as possible.

Financial Abuse
Financial abuse is any misuse of a nursing home resident's finances. This can range from an unauthorized use of a resident's bank account to an illegal sale of their possessions without their permission. Knowing the signs of financial abuse is key: look out for sudden changes in bank account activity or if the residents don't have access to their funds.

Emotional Abuse
Emotional abuse can be just as damaging and difficult to determine, but some warning signs include fear of staff members present at the facility, sudden changes in behavior (such as withdrawal) or unexplained bruises or injuries. Unfortunately, many cases like these go undetected until you take it upon yourself to investigate further.

If you find evidence that suggests your loved one has been financially or emotionally abused at their nursing home facility, you should consider filing a legal claim for negligence. A lawyer with experience in nursing home negligence claims can advise you on how best to proceed with this process and help get justice for your loved one.

How Much Does It Cost to Pursue a Nursing Home Abuse or Neglect Claim?

Understandably, you're hesitant to pursue a nursing home negligence claim, especially when there's a cost factor. Fortunately, the reality is that it doesn't have to cost you anything upfront. Nursing home negligence attorneys typically work on a contingency basis, meaning they're only paid if your case is successful.

When filing a nursing home abuse or neglect claim, you'll work with an attorney who believes in your case and will fight aggressively to ensure you get the compensation you deserve. Your lawyer's fees are a percentage of your overall award, regardless of whether your case goes to court or settles out of court.

For more information on the cost of filing a nursing home abuse or neglect lawsuit, consult an experienced attorney who can advise you on what to expect.

What Are the Legal Requirements for Filing a Nursing Home Negligence Claim?

Once you've gathered the evidence and reported the situation, you'll be ready to file a claim. But before you get to that point, it's important to understand the legal requirements for nursing home negligence claims.

Negligence Claim Process
The negligence claim process typically involves the following steps:

  • Show how someone was negligent in their care and how this led to harm or injury.
  • Establish that the negligent person owed you or your loved one a duty of care.
  • Demonstrate how this person breached that duty of care by failing to provide the required standards of care.
  • Demonstrate how this breach resulted in harm or injury, such as emotional suffering, physical injuries, and/or financial costs.
  • Finally, prove that these damages are directly tied to the breach in duty of care and can be recovered through compensation from the person who was negligent in their care.

Negligence claims have very specific requirements and require proof of a breach in duty of care as outlined by state or federal law as well as proof of damages that are directly related to this breach in duty of care resulting in harm or injury to an individual or group of individuals due to poor nursing home care.

It's important to understand these requirements before filing any claim against a nursing home facility for negligence, so consult with a knowledgeable attorney if you decide to pursue legal action.

How can I Report Nursing Home Neglect to the State of Florida

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 following helplines 1-800-962-2873 and 1-800-453-5145.

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 to do so. 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.

What Is the Statute of Limitations for Filing a Nursing Home Negligence Claim in Florida?

When filing a nursing home negligence claim in Florida, you need to be aware of the statute of limitations. This time limit is put in place to ensure that claims are filed at a specific time after the incident has occurred; it's a legal process that dictates how long you have to file a claim and take the nursing home to court.

In Florida, the statute of limitations for filing your nursing home negligence case is two years after the incident occurred or two years after you discovered or should have discovered that your loved one was injured as a result of malpractice. If you don't file within this timeframe, any malpractice lawsuit initiated will be thrown out in court, leaving you with no recourse.

It's important to note that some exceptions may apply, so it's best to chat with an experienced attorney well-versed in nursing home negligence laws or seek legal advice from an organization such as the Elder Law Advocacy Group for more information.

How Long Does It Take to Resolve a Nursing Home Negligence Claim in Florida?

When determining how long it will take to resolve a nursing home negligence claim in Florida, several factors must be considered. The first step is to file a complaint with the nursing home and/or the state's Department of Health.

This complaint is usually referred for investigation and resolution, which can take several months. Additionally, if both parties cannot agree on a settlement, the case may go to court and last for years.

Factors Affecting the Time It Takes
Here are some of the factors that may affect the time it takes for a nursing home negligence claim in Florida to be resolved:

  • Type of injury: Some injuries, such as broken bones or burns, may require extensive medical care and lengthy recoveries that complicate the case significantly.
  • The complexity of the case: A dispute over who was at fault or culpable parties will likely lengthen resolution time.
  • The number of parties involved: More parties involved mean additional evidence needs to be investigated and can add considerable time.
  • Court backlogs: If a case goes to court, a delay should always be expected due to a large number of cases backlogged in Florida courts.

If you want your claim resolved sooner than later, you should contact an experienced nursing home negligence attorney in Florida who can work with you quickly and efficiently throughout every step of your case.

Can I File a Claim Against a Nursing Home Without a Lawyer?

It is possible to file a claim against a nursing home without a lawyer. However, there are several reasons why it can be beneficial to hire an attorney experienced in nursing home negligence cases.

Building a Strong Claim
Hiring an attorney ensures that your claim is built correctly and that you present all the necessary documents and evidence to succeed. Nursing homes are businesses and often have a team of lawyers who will work hard to deny or minimize your claim. To even the playing field, hiring an attorney who can navigate the legal system confidently is important.

Assistance with Settlement Negotiations
In most cases, the nursing home's insurance company will offer a settlement amount for your claim. In some cases, this amount may be fair and generous—but in most cases, it could be much less than what you deserve. A lawyer is well-versed in dealing with insurance companies and will help negotiate a better settlement if needed.

Knowledge of State Laws
State laws vary when it comes to filing nursing home negligence claims, so having someone familiar with Florida laws on your side can make all the difference in getting the compensation you deserve. An attorney will review the relevant statutes related to your case to ensure that all applicable laws are considered when pursuing or settling a claim against a nursing home or any other party responsible for negligence.

Apart From a Lawsuit, What Other Legal Actions Can Be Taken Against a Negligent Nursing Home?

Before filing a lawsuit against your nursing home, you can take a few other legal steps. In addition to litigation, here are some of the other legal options available to you:

Filing a Complaint with the State Agency for Health Care Administration
Florida has an agency responsible for monitoring nursing homes called the State Agency for Health Care Administration (AHCA). AHCA oversees all complaints against nursing homes. You can file a complaint with AHCA, and they could investigate, impose administrative fines on the home, and make them provide additional training to their staff.

Negotiating with the Nursing Home
You might also be able to negotiate directly with the nursing home and come to an agreement that works for both parties. Before going down this route, it is important to consult an experienced lawyer in senior living negligence who can help you assess your damages and push for reasonable compensation.

Mediation is another alternative way of settling nursing home negligence claims without filing litigation. This option requires both parties to meet with a neutral third-party mediator, where discussions are conducted in good faith until an agreement is reached. If successful, this can avoid drawn-out court proceedings and get you faster resolution and compensation for your losses.

How Many Lawyers Do I Need When Filing a Nursing Home Negligence Claim?

When filing a nursing home negligence claim, the amount of lawyers you'll need will depend on the complexity of your case. To get the best results and highest compensation for your claim, you may need a team of multiple attorneys, including an elder law attorney, for any legal complexities and specific knowledge about nursing home law.

You may also want to enlist other specialists, including:

  • A doctor or medical specialist who can explain why a particular action (or lack thereof) taken by the nursing home caused harm to your loved one.
  • An accountant or financial planner can calculate the cost of medical care and any other financial losses.
  • A life care planner who can map out long-term medical and financial needs following an injury or death.
  • A psychologist to assess any emotional trauma, depression or anxiety related to the incident.

Having such professionals on board will provide invaluable insight during the claims process – ensuring that all necessary evidence is collected and presented correctly throughout the case.

What Rights Do Nursing Home Residents Have?

You may have heard that nursing home residents have certain rights, but do you know what they are? Nursing home residents have the right to be treated with respect and receive care and services appropriate to their needs.

They also have the right to privacy, autonomy and self-determination in decision-making, access to necessary services, and protection from abuse and neglect. Furthermore, nursing home residents can voice grievances without fear of retribution or discrimination.

Understanding your rights is important before filing a nursing home negligence claim in Florida. Here are some of the specific rights you should know:

  • The right to be informed of all rules and regulations that apply to living in a nursing home or assisted living facility
  • The right to be free from abuse and/or exploitation
  • The right to non-discriminatory access to services
  • The right to have access to medical records
  • The right to voice grievances or complaints about the care and services provided by the facility
Steps To Take When Filing a Nursing Home Negligence Claim

Once you've decided to move forward with a claim, there are a few steps you'll need to take. These are:

  • Consult an attorney – To file a nursing home negligence claim in Florida. You must have legal representation. An attorney experienced in elder law will be able to advise you on the best course of action, so it's important to speak with one before doing anything else.
  • Gather evidence – Your attorney will help you build a strong case for compensation by obtaining medical records and other documents pertaining to your claim. They may also need witness testimonies from family members and medical professionals who are familiar with your situation.
  • File the complaint – The complaint, which is a formal legal document outlining your allegations and requested compensation, is filed against the nursing home or physician responsible for the negligence and their insurance companies. Your attorney will take care of this step for you.
  • Negotiate a settlement – Next, your attorney will negotiate with the responsible parties on your behalf to reach an out-of-court settlement agreement that provides appropriate compensation for damages incurred due to the negligent care provided by the nursing home or doctor in question. If an agreement cannot be reached, then litigation may be necessary.

By taking these steps when filing a nursing home negligence claim in Florida, you can significantly increase your chances of being fairly compensated for medical expenses and emotional trauma related to elder abuse or neglect in a long-term care facility.

Hire Frankl Kominsky Injury Lawyers Nursing Home Negligence Lawyers Serving Wellington

If you think you might have a nursing home negligence claim, hiring a lawyer experienced in this kind of lawsuit is important. If you live in the Wellington area, Frankl Kominsky Injury Lawyers can help. Our team has decades of experience working on nursing home negligence cases and can represent you or a loved one if you think negligence has occurred.

At Frankl Kominsky Injury Lawyers, we have a variety of services we offer related to nursing home negligence:

  • Free initial consultations to evaluate your case and determine if filing a claim is the best option for you.
  • Representation throughout the litigation process includes filing forms, gathering documents and arguing your case in court.
  • Compensation for past medical bills, pain and suffering, and other damages related to the incident.
  • Advise on protecting yourself or your loved one in the future from similar situations.

Our team at Frankl Kominsky Injury Lawyers knows how complicated these types of cases can be, so our goal is to make sure that we handle them with care and diligence so that you can get the justice and compensation you deserve. Contact us today at (561) 800-8000.

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