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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.
In 2019, a family of a 92-year-old woman received $2.2 million through a nursing home neglect lawsuit that went to trial. The jury found that the nursing home failed to properly care for the woman, which contributed to her death. ActionNursing home neglect is often passive or, in some cases, unintentional. However, it still can cause nursing home residents to suffer severe injuries or even wrongful death. Nursing home abuse occurs when a staff member intentionally mistreats an elderly resident.
When Can You Sue a Nursing Home for Neglect?
When it comes to nursing home neglect, most states require you file the lawsuit within one year of the incident. Those limits are based on the fact that nursing home lawsuits are medical malpractice cases, and other limits are placed on how much you can get for pain and suffering. Report incidents to the nursing facility – If there is any concern about your loved one’s safety, you must talk to the supervisor quickly. However, if the problem continues or if the violation is severe you may have to file a legal claim. When nursing homes fail to provide an acceptable standard of care to their residents, you may hold the facilities legally and financially accountable. A nursing home resident that has suffered neglect can file a lawsuit to seek justice and compensation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Past outcomes mentioned on this site do not guarantee future results. This entry was posted in Medical Malpractice and tagged general negligence, wrongful death, Coronavirus, COVID-19, Nursing Homes. It is the duty of the nursing home to take proper care of their residents throughout their stay. Since 1983, we have been helping families protect their loved ones, hold wrongdoers accountable and get the maximum compensation possible for their cases.
Improper Supervision of Elderly/Residents
Hiring an experienced attorney can help you navigate the legal process. If you’re wondering how much can you sue a nursing home for negligence, this article will provide some information that you should consider. An experienced nursing home abuse lawyer can help loved ones report neglect and offer legal advice on how to handle the situation.
Our mission is to educate and empower victims of abuse and their families to take a stand against this unlawful mistreatment. We work to return dignity back to those who have been broken down by nursing home abuse and neglect. Nursing home residents who have been neglected can file a lawsuit against a nursing home. Immediate family, relatives, and others may also be able to sue for nursing home neglect in some cases. While nothing can undo the harm caused by negligent nursing homes, a successful lawsuit can provide victims and their loved ones closure knowing that justice was served.
What Is Nursing Home Neglect?
When the staff at a nursing home does not follow the standard of patient care, it can be considered nursing home neglect. When a nursing home resident suffers neglect, it can affect their physical and mental health and cause lasting pain and suffering. Since nursing homes accept Medicare, they are legally obligated to abide by42 CFR § 483.25, which governs care provision. The regulations state the facility must maintain services to provide the highest practicable physical, mental, and psychosocial care to all residents. When a facility breaks this rule, it creates the grounds for a lawsuit.
Temporary nursing home immunity laws have made it more difficult to successfully pursue many non-COVID-19 negligence cases against these facilities. The legal changes apply to all cases, and not just COVID-19 illness or death. If the staff failed to provide adequate care in any situation, the nursing home immunity laws protect them from lawsuits. Aside from the actual care of the residents, nursing homes are also responsible for ensuring that their building is safe and free of any potential hazards. This is so important when working with elderly people because some of them have mobility restrictions and have trouble getting around.
Neglecting Basic Needs
A nursing home negligence lawsuit will typically result in monetary compensation for the victims. While the process can be lengthy and challenging, your attorney can help you get the compensation you deserve. The compensation awarded in these cases is known as damages, and you can recover these by hiring a personal injury attorney.
Once you have gathered enough evidence, you must file a complaint with the state licensing board. The board will investigate your claim and decide whether the nursing home should be disciplined. If the board finds that the nursing home neglected its residents, it can impose fines or revoke its license. Of course, financial compensation will vary from case to case. In wrongful death cases, there will likely be higher compensation.
It’s up to the facilities to follow state and federal standards and to hire and train qualified individuals to deliver the best care possible. It’s also up to the facility to provide a clean, adequately staffed, and safe setting as free of accident hazards as possible for residents. Sometimes, a nursing home resident's poor health will make it harder to prove that the facility breached its duty to them. That’s why it’s important for family members to be aware of the signs of neglect. Examples include poor hygiene, unexplained injuries, worsening medical conditions, weight loss and sudden changes in mental or physical condition.
It is a civil case for monetary compensation based on the failure on the part of the nursing home to provide adequate care. Finally, you will need to file a lawsuit against the nursing home. You can sue for damages such as medical expenses, pain and suffering, and lost wages.
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