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In 2008, over thirty-one percent of Florida (FL) nursing homes unlawfully used chemical restraints to restrain patients. Also, fifteen percent of FL nursing facility residents developed pressure sores because of neglect.
According to data maintained by Medicare, 692 nursing homes rated in the state regularly monitor through inspections, investigations, and surveys. Of these facilities, 159 (twenty-three) of the Florida nursing homes were deemed below average compared to national statistics after investigators identified serious deficiencies and violations.
Was your loved one injured, abused, neglected, or died unexpectedly while residing in a nursing facility?
If so, contact the Florida nursing home abuse lawyers at the Nursing Home Law Center to discuss your claim for compensation during a free case evaluation to recover your damages.
Until anything is done to improve these disturbing conditions in nursing home facilities, nursing home residents have legal grounds to pursue claims against assisted living facilities for their injuries.
A Florida nursing home abuse attorney will aggressively conduct their investigation of a nursing home facility and hold influential individuals in these facilities accountable for their disturbing and neglectful actions.
Each of our affiliated Florida nursing home abuse attorneys are committed to getting justice for your loved one. All of our nursing home negligence cases are handled on a contingency fee basis where we only receive a legal fee when we are successful in obtaining a financial recovery for you.
Family members must recognize signs of abuse when they occur in nursing home facilities.
The resident could suffer from injuries which frequently are related to nursing home negligence:
Family members and staff workers noticing a resident suffering unexplained serious injury should file a report with the appropriate authority and get in touch with a Florida nursing home abuse attorney.
The State of Florida maintains strict laws regarding caregiving center residents' rights and standards that the nursing staff must meet. The Florida law governing standards of nursing homes can be found in Chapter 59A-4.
For example, every nursing home must appoint a full-time employee to ensure patient records' confidentiality. The resident's condition might be compromised if the nursing staff left out pertinent information in their medical records.
State laws have been designed to protect against the exploitation of elderly and disabled individuals. Abuse occurs when a worker intentionally inflicts injury or willfully neglects a resident.
A worker who commits this abuse will be liable for a third-degree felony punishable by Florida Statutes s.775.082, s.775.083, or s.775.084.
Nursing home residents are also entitled to specific rights under Florida law, including the right to:
Do you suspect that your loved one's rights have been violated under state law? If so, speak with a nursing home abuse lawyer who can help you today.
If you suspect your loved one is not being properly cared for in a Florida long term care facility you can report the incident to Florida's Ombudsman's Office.
The state's Long-Term Care Ombudsman Office handles reports of abuse and fraud in nursing homes and assisted living facilities and conducts an inspection into the abuse.
Once a report is filed, investigators will review the complaint. Emergency protective services might be necessary to remove your loved one from the nursing home facility for their protection.
The state currently maintains a statewide system of seventeen district councils with a volunteer ombudsman that can be contacted at any time.
Do you suspect that your loved one is being abused in a nursing home? If so, protect their rights with help from Florida nursing home abuse attorneys.
We use our decades of experience to help families and residents throughout Florida, including in cities such as:
Florida nursing home abuse lawyers can aggressively protect your loved one by fighting for the compensation they deserve. Please schedule an initial consultation with one of our lawyers today to begin the process.
At its most basic level, neglect refers to any situation where nursing home staff members fail to provide the prescribed medical care to elderly patients. When the medical needs of patients go unmet, a patient may suffer an acute illness or a gradual decline to the point when they require outside medical care or even die.
Situations involving neglect in a nursing home include:
Call them what you like, when a facility's systemic neglectful care results in an injury or death of a patient, the family may have grounds to file a lawsuit against the facility to recover compensation for the patient injury under Florida law.
In order to determine the viability of a case against a nursing home, medical records from the facility examine the type of medical care that was prescribed versus the care that was provided.
In some circumstances, a nurse or doctor will review the patient's medical chart to evaluate the conduct of the facility to determine if there was negligence.
Once nursing home negligence has been established, the experts will need to establish that the facilities negligence caused the patient's injury or death.
These cases can be very fact dependent and require the input of a skilled personal injury or nursing home abuse attorney to fully evaluate the circumstances.
There has been a significant increase in the demand for nursing home beds throughout the state in recent years.
A survey conducted by the nonprofit Florida Center for Nursing shows that by 2015 more than 11,000 additional registered nurses will be needed in the state to accommodate the health requirements of the aging population.
One of the most common types of nursing home negligence cases involves the development of pressure sores or bed sores in residents.
A bed sore develops when staff allow residents to sit or lay in bed in one position for long periods of time. Gradually, blood flow to the tissue decreases and the tissue dies creating an open wound.
The most common areas for the development of bed sores include:
Once an open wound has developed, patients are at a heightened risk for serious illnesses and infections which can be life threatening.
Each nursing home abuse lawyer at the Nursing Home Law Center LLC is committed to holding negligent nursing facilities and caregivers accountable for their negligent health care.
Did your loved one develop a pressure sore after being admitted to a medical facility?
If so, call us for a free review of your legal options.
There are strict time constraints for pursuing a case based on the state statute of limitations. Start legal action today and begin the legal process of determining who is responsible for your loved one's developing pressure ulcer.
Cases involving abusive care are particularly troubling as there is an element of intentional conduct.
Many cases of elder abuse in Florida nursing homes are perpetuated by staff who may be poorly trained or inadequately screened to safely care for an elderly resident.
Situations involving nursing home abuse may involve:
While some episodes of nursing home abuse may be readily apparent, other cases may not be as apparent.
A nursing home abuse lawyer with experience prosecuting these cases can investigate these cases and can help get you answers about how and why an incident occurred.
Below are some frequently asked questions raised by families who suspect their loved one is a victim of abuse or neglect in a Florida nursing home. We appreciate that these questions may give rise to additional questions.
We welcome you to reach out to an affiliated nursing home abuse attorney who can address any questions you have about your situation.
We always offer a free consultation and only charge a legal fee when there is a recovery for you.
Elder home and assisted living patients are incredibly vulnerable to any form of neglect or abuse, including sexual assault, physical abuse, neglect, emotional distress, or financial exploitation.
Common indicators that someone might be a victim of elder abuse or neglect include:
Yes, any victim of nursing home abuse or neglect in a Florida nursing home neglect or abuse can file a civil lawsuit against the facility. In the case where the nursing home's care results in a patient injury, the family may file a nursing home abuse lawsuit.
Like other types of Florida personal injury cases, damages in nursing home abuse lawsuits can recover compensation for economic and non-economic damages.
Surviving family members who lost a loved one by the reckless actions of others could file a wrongful death lawsuit to receive compensation for:
If you have questions about the viability of a lawsuit against a nursing home, contact an affiliated Florida nursing home abuse lawyer for a free consultation.
There has been a significant increase in the demand for nursing home beds throughout the state in recent years. A survey conducted by the nonprofit Florida Center for Nursing shows that by 2015 more than 11,000 additional registered nurses will be needed in the state to accommodate the health requirements of the aging population.
However, the demand for highly trained nurses is already not being met, which places many nursing home residents at risk of harm while under the supervision of understaffed and overworked medical professionals.
The Florida bedsore lawyers at Nursing Home Law Center LLC are committed to holding negligent nursing homes and caregivers accountable for their negligent health care. Did your loved one develop a pressure sore after being admitted to a medical facility? If so, contact our office for a free review of your legal options.
There are strict time constraints for pursuing a lawsuit based on the state statute of limitations. Start legal action today and begin the legal process of determining who is responsible for your loved one's developing pressure ulcer.
Families are often separated from their aging loved ones who have retired in the southern state. When the time arises, families might be forced to place them in a nursing home to assist them with their health and daily activities.
Families trust that the nursing facility will provide quality medical care and necessities to their loved ones.
Unfortunately, nursing homes with no vacancies are often understaffed or fail to sufficiently train the nursing staff to handle daily care's common health issues. Understaffing often results in patients becoming victims of neglect, suffering harm like facility-acquired pressure sores.
Bedsores (pressure sores, pressure wounds, decubitus ulcers, pressure ulcers) are injuries to the patient's skin and underlying tissue. The sore begins to develop when pressure is applied to bony areas that touch the bed, chair, or other body parts.
Bedridden elderly patients and those unable to readjust their body position could quickly develop skin ulcers, even with mild pressure on an ankle, heel, buttocks, sacrum, spine, shoulder blades, shoulder, or back of the head.
Responsibly managed nursing homes create and implement monitoring protocols to ensure every patient is kept free from developing skin ulcers. The protocol usually involves assessing the patient's skin at the beginning of every nursing shift change.
Any noticeable sign of a developing sore is recorded in the patient's chart to alert the doctor to begin steps to heal the wound. Additional protocols require that the patient be turned or readjusted at least one time every two hours.
During the early stages, pressure wounds can advance to a reddening inflamed sore. Without treatment, the wound can degrade to a severe condition, where fat, muscle, tendons, and bone are exposed.
At this advanced age, the elderly patient could easily acquire a blood infection (sepsis) or bone infection (osteomyelitis). In advanced stages, the pressure sore can be tough to treat and will often cause permanent damage or lead to death.
Facility-acquired pressure wounds might be evidence of legally actionable medical malpractice.
Many families living too far away from the long-term care facility cannot regularly visit and are not always aware when their loved one develops a pressure sore.
When the family is notified of a changing health condition, the sore is often in its advancing stages where it has already caused significant harm or death.
Pressure wounds are extremely easy to avoid when trained nursing home employees follow proper protocols. Alternatively, facility-acquired sores are usually an indicator of negligence at the facility.
If your loved one developed pressure wounds, consider talking with an experienced Florida personal injury law firm to take action to stop the negligence and mistreatment.
Below is a list of reputable professionals who can assist the family in providing various legal options, including bringing in highly skilled medical professionals specialized in treating difficult pressure ulcer cases.
If you are looking for an attorney to assist with the investigation or prosecution of a nursing home abuse occurrence involving pressure sores or another severe injury, visit the pages below:
Have you noticed any signs of nursing home abuse involving a loved one and want to file a personal injury compensation lawsuit or wrongful death claim?
Time is of the essence. All documents must be submitted in the appropriate county courthouse before the state statute of limitations expires.
The Florida nursing home negligence lawyers at Nursing Home Law Center LLC can take immediate legal action to stop the harm and hold all parties responsible for the injury accountable for their action. Contact our law firm today or through the contact form to schedule a free consultation.
Our personal injury lawyers follow social distancing guidelines to prevent the spread of Covid-19 (coronavirus).
Look here for a thorough discussion of pressure wound settlements and case valuations.
Attorney Blair N. Mendes, Esq.
Licensed in Florida
Florida Nursing Home Injury Attorney Nursing Home Law Center LLC Home