Do I Have a Medical Malpractice Claim in Florida?
Sometimes, the best option for an aging or ailing family member is the care, compassion, and comfort of a nursing home. For many, these institutions are a lifeline, providing the care seniors need. Like other health care facilities, a nursing home has an obligation to its residents: to meet and exceed the medical standard of care. When a nursing home does not meet its obligations, people can be hurt or become ill. If your loved one was harmed as a result of nursing home negligence or abuse, contact a skilled Indian River County medical malpractice lawyer from our firm today.
Nursing home negligence comes in many forms, not all of which are easily noticed. Though some signs of neglect are not immediately apparent, others are as clear as day. These forms of negligence or abuse can be quite devastating to the victims and their families. Unfortunately, there are too many instances when a person’s quality of life is put in jeopardy because of nursing home negligence. Below are some examples of nursing home negligence and abuse:
When a loved one is abused or neglected, a family may decide to take legal action. However, to have a successful case, you must prove that the nursing home breached its duty of care. To do so, you’ll need to preserve all evidence of neglect or abuse and create a paper trail of communication with the home and managing agencies. All allegations of nursing home abuse should be reported to the proper authorities. Tell the facility management as soon as signs of neglect become apparent. Once you have done that, it is important to report abuse to enforcement agencies, such as:
Reporting allegations of abuse or negligence can start an investigation that may uncover the evidence necessary to support a lawsuit. Though this is a good first step, it is important to preserve evidence, no matter how seemingly insignificant. If possible, take pictures of any signs of neglect as they become apparent. These can include, but are not limited to, bed sores, bruises, marks, welts, and signs of dehydration and malnourishment.
When a nursing home fails to uphold its duty of care, the harm done is not only physical, but also emotional and financial. The law allows victims and their families to pursue compensation as a way to hold negligent facilities accountable and to help restore, as much as possible, what has been lost. In a successful claim, you may be entitled to recover damages for a variety of losses, some of which are immediate and measurable, and others that are deeply personal and harder to quantify.
Compensation may include coverage for medical expenses directly related to the abuse or neglect, such as hospitalization, surgeries, physical therapy, and ongoing treatment for injuries or illnesses that developed in the nursing home. It may also extend to the costs of transferring your loved one to a safer, more suitable care facility. In cases where neglect has caused lasting harm, you may seek damages for the pain and suffering your loved one has endured, including the emotional trauma that often accompanies such experiences.
Economic damages are only part of the equation. In many cases, non-economic damages–the diminished quality of life, the loss of dignity, and the emotional distress suffered by both the victim and their family–are equally significant. Where the conduct of a nursing home is especially egregious or reckless, Florida law may allow for punitive damages, designed not just to compensate, but to punish wrongdoing and deter similar behavior in the future.
Every case is unique, and the amount of compensation available will depend on the circumstances, the extent of the harm, and the evidence gathered. Our role is to investigate fully, build a strong case, and advocate for the maximum recovery possible under the law. While no amount of money can truly erase the harm done, securing fair compensation can help provide access to better care, cover essential expenses, and bring a measure of justice and accountability to a difficult chapter in your family’s life.
It is always important to consult with an attorney when faced with such a concerning matter. Developing a case takes time, and a thorough investigation is essential to the success of a lawsuit. Ullian Trial Law is an experienced law firm comprised of seasoned trial attorneys ready to fight for the rights of neglected or abused nursing home residents. We are dedicated to every client. We know what is at stake. Contact Ullian Trial Law for a free consultation to discuss your legal matter.
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