Information On Florida Nursing Home Abuse & Neglect Lawsuit Case Values
When you depend upon a nursing facility to care for someone you love and they suffer abuse or neglect in the hands of trained professionals, it can be a heartbreaking breach of trust. Nursing home abuse and neglect is a tragic, but unfortunately common, occurrence in the U.S. As many as 5,000,000 elderly people experience some type of abuse each year, according to the National Center on Elder Abuse.Types of Abuse & Neglect Found in Florida Nursing Homes
The Centers for Disease Control and Prevention reports that more than 1.4 million people are currently living in 15,600 nursing homes in the United States. Nearly 70% of these are operated as for-profit facilities. In Florida, there are 692 nursing homes in Florida monitored through inspections, investigations, and surveys. According to Medicare data, 159 of Florida nursing homes had serious deficiencies and violations. That means that 23% of Florida nursing homes do not always meet national standards for care. This can lead to tragic consequences, including abuse and neglect of patients.
Some of the most common types of abuse and neglect in Florida nursing homes include:
- Physical Harm : This may be an act perpetuated by nursing home staff, other residents, or visitors to a facility.
- Unknown Fractures : When staff fail to get assistance or needed lifting equipment, patients may be dropped, suffering serious injuries. However, any fracture occurring at a nursing facility is cause for concern. In addition to the underlying circumstance, many patients suffer from serious medical complications following a broken bone.
- Sexual Assaults: Facilities have a responsibility to screen staff and residents who have a history of aggressive behavior and sexual assault.
- Medication Errors : Facilities have a responsibility to provide the correct medication and dosage as prescribed by the resident’s physician. When errors are made, patients may sustain complications or even death.
- Untimely Death : A sudden, unexpected death should always be examined to determine if there are factors involving the patient’s care that contributed to the death.
How can you protect your loved one? You can stay involved in their care and watch for the signs of abuse or neglect. Some of the most common signs include:
- Pressure sores, otherwise known as bed sores
- Open wounds
- Skin irritation
- Dehydration and malnutrition
- Physical discomfort
- Silence and fear of speaking in front of caretakers
- Depression and constant anxiety
- Broken or fractured bones
- Weight loss
- Poor hygiene
If your loved one has been abused or neglected in a nursing home, you may wonder if it’s worth it to file a lawsuit once your loved one is safe. But often lawsuits motivate nursing facilities to change their policies and procedures, improving patient care for everyone. A lawsuit can also help recover medical bills and other expenses you and your loved one incurred as the result of the abuse.
Some things that may be used to determine the financial value of the case in both nursing home negligence and wrongful death are:
- Medical costs
- Pain and suffering of the patient and family
- Disfigurement or disability
- Loss of income
- Loss of normal life
- Survival damages, in the case of wrongful death
Damage awards in Florida can vary widely, of course, depending on the extent of the injury. Award amounts can also be affected by state laws that limit the amount of compensation that can be recovered, such as shared fault rules and medical malpractice damage award caps.
While Florida does not generally limit the recovery of medical expenses incurred, a Florida statute does limit non-economic damages to anywhere from $500,000 to $1.5 million depending on the injury. However, in 2017 the Florida Supreme Court ruled that these caps were arbitrary and unconstitutional. Now, Florida plaintiffs may be able to seek full and fair compensation for their injuries.
Some additional factors may affect the value of a Florida nursing home abuse and neglect case, including: the age of the patient; the ongoing conduct of the facility; whether an insurance company in engaged in negotiations; and family care and involvement. Generally, younger and healthier patients may recover more than an older patient with multiple chronic illnesses. Similarly, a family that is more involved in the care of an elderly patient will generally be better received in court.
You can also review more specific Florida nursing home abuse and neglect settlement cases on our website:
- Florida Nursing Home Abuse and Neglect Cases
- Florida Nursing Home Bed Sore Case Valuation
- Florida Nursing Home Fall Case Valuation
- Florida Nursing Home Abuse Case Valuation
If you believe your loved one has been abused or neglected in a Florida nursing facility, please contact us . We can help you determine if you and your loved one might be entitled to relief under Florida law.