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This number was actually slightly higher than the rate of nursing home neglect reported by residents or their loved ones (11.6%). Nursing home neglect is not exactly the same thing as abuse, though they share common causes such as negligent hiring practices, lack of staff training, and understaffing. Since every case of nursing home neglect is unique, your attorney can evaluate your claim and enable you to receive fair compensation.
If your situation is covered, then continue reading to learn about the benefits of suing a nursing home for negligence. If this is what you are dealing with, the best option may be to take agency action; e.g., filing a complaint with an ombudsman. Nursing home trials are usually 1-2 weeks long, and very emotional. Unless the case settles, a random group of people, the jurors, will decide how much money the victims get.
Failure to Provide Proper Care
Neglect is considered one of the many types of nursing home abuse. However, several factors make negligence cases stand out from these other types. Nursing home neglect occurs when residents are not provided with adequate care, leading to severe injuries or even death.
The nursing home was found liable for the fall, but the defendant argued that the patient was comparatively negligent. Nursing homes exist to take care of our loved ones as they age. When our relatives are in a home, we expect caregivers to provide them with the help and comforts they need. Unfortunately, neglect is all too common in Florida nursing homes. You have moved your loved one into a nursing home because they require supervision due to an illness or injury and you are unable to provide this for them at home. When a lack of supervision happens at a nursing home it can lead to dire consequences.
– Get Legal Help Suing a Nursing Home
Punitive damages can vary depending on the nature of the neglect. There is no set standard of financial compensation in these cases. Once you have the documentation you need for your complaint, take these documents to your attorney and have them file a nursing home neglect lawsuit. The attorney will likely draft the complaint to begin the lawsuit and will coordinate with you about the next steps of the case.
Nursing home lawyers typically file personal injury lawsuits when a resident has suffered from neglect. If the resident died from nursing home negligence, lawyers may be able to file a wrongful death lawsuit. The federal government requires nursing homes that receive Medicare or Medicaid to meet a basic standard of care. Adequate care standards and the legal rights of residents are also mandated by federal and state laws.
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Florida law allows families of nursing home residents to file wrongful death claims if the resident dies because of the nursing home’s negligence. Although there’s a legal distinction between nursing home neglect and abuse, both are serious cases. Nursing home abuse is intentional and wrongful, and can lead to physical injuries and even death. As a result, you can pursue a lawsuit to receive financial aid to pay for medical expenses and closure of the nursing home.
Suing a nursing home for negligence is often a vital step to help your loved ones. He suffered from kidney infections and pressure ulcers while living in a nursing home. The environment of the nursing home itself can also help families determine if neglect is occurring. It is critical to understand that while neglect may not sound as serious as abuse, the consequences can be just as severe for vulnerable seniors. You can also achieve a sense of closure knowing that the nursing home responsible has been held accountable for hurting your loved one.
Taking Legal Action Against a Nursing Facility
Contact us today to connect immediately with a member of our team. This is a consequence that should be dealt with appropriately, as the nursing home should be held accountable. It’s important to make sure you’ve gathered enough documentation to make your case strong. You can work this out with your attorneys to decide the best time to sue.
One case that was recently decided on in Massachusetts involved an elderly man who was admitted to a nursing home after suffering from a stroke. The staff had not notified the physician until 12 hours later. The patient then suffered from severe abdominal pain and eventually died. If you’re wondering “How much can you sue a nursing home,” keep reading. The amount of compensation can range anywhere from thousands of dollars to several million dollars. In the following case, an 83-year-old woman fell from a hoyer mechanical lift and suffered a skull fracture and multiple broken bones.
The right way to respond to nursing home negligence depends on the exact situation. Our attorneys for nursing home abuse can help you determine the best plan to respond. Although these are the most common types of abuse found in nursing homes, there are other ways residents may suffer due to a caretaker’s negligence.
Fortunately, it is possible to sue nursing homes when their negligence leads to the injury or death of a nursing home resident. This article will walk you through how to sue a nursing home for neglect. The nursing staff is more responsible for providing negligent behavior to the residents.
To do this successfully, they will need to be able to prove that the nursing home’s neglect led to the death of the victim. Again, this is where keeping a detailed log can be crucial as the case goes on. Whenever you visit your loved ones, talk to them openly about their likes and dislikes. Visiting the nursing home will allow you to get some hints on how they treat the residents. Look out for bed sores, hygiene, sanitary facilities, and other such settings that are evident.
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