Nursing Home Abuse and Neglect
If you reach a point at which you need to place your loved one in a nursing home, the chances are that you researched the facility extensively and found recommendations to ensure that the facility would treat your loved one appropriately. There are many reports that chronicle the abusive and neglectful conditions in some of Florida’s nursing homes. After researching as much as you can, you must trust that the facility will provide your loved one with the care that they need. If you eventually learn that the facility abused or neglected your loved one, the outcome is devastating. At Donaldson & Weston, our Stuart nursing home abuse lawyers are prepared to help you fight for the justice that you deserve after you or a loved one suffers injuries at a nursing home.Taking Legal Action Following Misconduct or Negligence at a Nursing Home
Florida laws regarding nursing home conditions embrace the concept that everyone deserves a life that is safe and dignified, especially if the resident is vulnerable and reliant on others for care and assistance. To this end, Florida has adopted a series of assurances for nursing home residents, including the right to uncensored and private communications, the right to make complaints about staff or facility conditions, and the right to participate in social or communal activities. Nursing home residents are also entitled to manage their own finances, to be fully informed of their medical condition and treatments, and to receive sufficient health care in a timely fashion.
When it comes to physical abuse, Florida prohibits any and all acts of intimidation or violence against nursing home residents. Other important rules to note are the right to use personal possessions and clothing, the right to select one’s own medical doctors, and the right to challenge certain facility decisions regarding the resident’s care, discharge, or transfer. A nursing home abuse attorney at our Stuart firm can make sure that you understand each of these rights.
If you discover that your loved one was abused in a nursing home or suffered serious injuries as a result of neglect, you can bring a personal injury action against the facility to recover compensation for your injuries. The standard of care that nursing homes must provide encompasses the list of rights that Florida has provided for residents. Additionally, nursing homes have a duty to ensure that the persons whom they hire are qualified, are appropriately licensed, and pass certain background checks. If a nursing home hires an individual with a history of violence, for example, the nursing home facility may be liable for negligent hiring. Gathering as much evidence as you can about the conditions in the nursing home, any incidents of abuse, and signs of abuse or neglect will help bolster your claim. If any other witnesses or staff members are willing to testify on the plaintiff’s behalf, this can also be helpful.
After showing that the nursing home violated the resident’s rights, our Stuart nursing home abuse attorneys will try to show that this failure was the cause of the injuries that the resident sustained. In other words, you must show that your loved one would not have suffered injuries but for the abusive or neglectful conduct. This can become an issue when the plaintiff suffers from serious or long-standing pre-existing conditions that are related to the injuries that they sustained, such as when a medication overdose exacerbates a pre-existing health condition. The final aspect of the litigation will involve calculating the amount of damages that the plaintiff is entitled to receive. Damages for medical expenses can include past, present, and future medical care needs. The plaintiff may also be entitled to non-economic damages for their pain and suffering.Meet with a Dedicated Nursing Home Abuse Lawyer in Stuart
At Donaldson & Weston, our diligent attorneys have the experience and knowledge that it takes to help you ensure that you receive the full amount of compensation that your loved one and you deserve. Although no amount of money can resolve the pain that you have suffered, it can help cope with the financial impact of the event and give you a sense of justice. We proudly serve people in Stuart, Port St. Lucie, and Jupiter, as well as throughout St. Lucie, Palm Beach, and Martin Counties. Call us now at 772-266-5555 or contact us online for a free consultation.