Nursing Home Negligence
The news is full of stories of nursing home residents suffering from inexcusable negligence or abuse at the hands of the people who maintain nursing homes in Florida. For many elderly people, nursing homes provide valuable services, such as around-the-clock medical care and personal assistance, as well as a sense of community with peers. When a facility fails to use appropriate care in treating and supervising its residents, however, the consequences can be devastating and even fatal. At The Grife Law Firm, our compassionate Boca Raton nursing home negligence lawyers have fought on behalf of victims who have suffered unnecessary harm as a result of a facility’s negligence or misconduct. If you need a bed sore lawyer or representation in another type of nursing home case, we are ready to assert your rights.Pursuing a Nursing Home Negligence Claim in Florida
Florida has provided nursing home residents with substantial protections from abusive and negligent treatment in nursing homes. According to Florida Statute 400.022, nursing home residents have a specific set of basic rights, and in many cases, a violation of these rights serves as the basis for a lawsuit against the nursing home. Common examples of these rights include the right to receive dignified, respectful, and fair treatment, the right to be free from abuse of any kind (whether physical, emotional, mental, or financial), and the right to receive assistance and services that will support the resident’s health and well-being.
These rights also include many provisions regarding medical care and social activities. For example, residents have the right to receive written and oral communications regarding their medical care, to select a physician and pharmacy of their reasonable choice, and to make reasonable refusals regarding their medical plan. Additionally, nursing homes must allow residents to make private communications, to engage in unsupervised phone calls, and to participate in social, religious, or community-related activities and functions of their choosing.
If a nursing home facility fails to respect these rights and engages in negligent or reckless conduct toward a resident, a nursing home negligence attorney at our Boca Raton firm can help you hold the facility accountable. Florida Statute 400.023 provides a resident with a private right of action against a nursing home. In the unfortunate event that the negligence resulted in the resident’s death, the statute allows the victim’s family members to bring a wrongful death claim to seek damages for the needless loss of their loved one. In the lawsuit, the plaintiff must show that the nursing home owed a duty of care to the resident but failed to act according to that standard of care, and the resident suffered harm or died as a result.
Gathering evidence to prove that the nursing home engaged in negligent behavior can be complicated, especially if the nursing home or certain personnel are taking steps to cover up their behavior or to prevent the resident from having access to documents or contact with the outside world. A skilled attorney can assist you with ensuring that you obtain the evidence that you need to substantiate your claim.
Also, nursing home residents considering bringing legal action should be aware that Florida Statutes 429.296 provides a statute of limitations for claims brought pursuant to the resident bill of rights, requiring residents to bring a claim within two years of the alleged abuse. Calculating a statute of limitations usually requires the assistance of a knowledgeable attorney, since the date that the injury occurred may not be obvious in some cases.Consult an Experienced Nursing Home Negligence Lawyer in Boca Raton or Beyond
At The Grife Law Firm, we take our role as legal advocates seriously, particularly when the alleged wrongdoing involves harm to elderly people. Not only is elder abuse damaging for a victim, but also it causes serious stress and shock to the victim’s family members. Our injury lawyers proudly serve victims of nursing home negligence or abuse and their families throughout South Florida, including in West Palm Beach, Fort Lauderdale, and Miami. To set up a free consultation with a Boca Raton nursing home negligence attorney, call us now at 1-855-998-0770 or contact us online.