The elderly population is one of the most vulnerable, and they should have health and safety protections at all costs. We often put our faith in nursing homes and long-term care facilities. When they break this trust, this often results in the abuse or neglect of a senior.
Boohoff Law P.A. does not hesitate to go up against nursing homes such as the Hawthorne Center for Rehabilitation and Healing of Brandon, the Brandon Health and Rehabilitation Center, or Raydiant Health Care of Brandon, to name a few. These facilities should not get away with hurting your loved one, and our Brandon nursing home negligence attorney will work to get the justice you deserve.
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Brandon nursing home negligence attorneys get this question often from our clients. Without consultation and thorough investigation, there is no way to know how much your case is worth. What we can say is that when you or your loved one file a claim, you are entitled to seek compensation for your damages. This includes economic and non-economic damages.
Examples of what we will try to obtain are:
We must handle each case with care, and if your loved one passes away, the negligent facility needs to be held responsible. We will seek justice for you and your loved one by filing a wrongful death claim.
Nursing home abuse and neglect can take different shapes and forms. Most often, it happens due to the nursing home staff not acting in the resident’s best interest or through deliberate abusive actions.
The most common forms of abuse and neglect our Brandon nursing home negligence attorney sees include:
There are many reasons why nursing home negligence can occur, but this doesn’t excuse the actions of those who inflict harm on nursing home residents.
When a senior resides in a nursing home, they are under the care of professionals. These parties should care for and help seniors, not abuse or neglect them. Unfortunately, this is not always the case, and neglect occurs.
Some common signs of neglect and abuse are:
While you might be reluctant to question nursing home staff, your loved one’s life may be in danger if you don’t. You need to answer why your loved one is suffering from these ailments. If the response does not suffice, you may need to move your loved one to a new facility.
If you suspect that your loved one is the victim of abuse, you must report it. If they are in immediate danger, you will need to contact 911 and have them removed from the facility, causing harm.
You should also contact Adult Protective Services and file a report. You will also need to file a statement with the Florida Long-term Care Ombudsman Program. Additionally, you will need to contact a Brandon nursing home negligence attorney to discuss your legal options.
Under the nursing home bill of rights, a personal representative must know if their loved one sustains an injury while in the facility. They should also know if a medical condition worsens. Nursing homes and long-term care facilities must do so under federal law. There are, however, also state laws regulating facilities that receive Medicare and Medicaid residents.
Depending on the factors of your case, multiple parties can be liable for nursing home negligence. If another resident inflicted an injury on your loved one, you can hold them responsible, and the nursing home staff and the facility itself, too. If nursing home staff abuse your loved one, you can hold them liable. You will need to discuss your incident with a Brandon nursing home negligence attorney to determine who can be responsible.
In Florida, reporter laws force certain parties to file a report with Florida Adult Protective Services Division if they know or suspect abuse. These parties include physicians, mental health providers, nursing home staff, and spiritual healers. An investigation should result from these reports regarding the abuse allegations.
There is a time limit in which you must file a personal injury claim for nursing home negligence. These statutes range by state, but it is two years in Florida. This means you will have two years from the date of the injury or the date you found out about the injury to file a claim. You will not have longer than four years to file a claim. Discuss your options with our Brandon nursing home negligence attorneys to determine your best legal route.
Many times, nursing homes and long-term care facilities are understaffed and overcrowded, and this problem is only worsening in recent years. This takes away from the resident’s experience and can also contribute to the rise in abuse and neglect. Through federal and state regulations, nursing homes and long-term care residents have a bill of rights that these facilities must maintain. They have the right to be free of abuse and neglect, among other rights.
If you or your loved one have sustained harm in a nursing home, you will need to discuss your case with a Brandon nursing home negligence attorney. Call Boohoff Law P.A. at (813) 321-7878 or complete our contact form for your initial consultation. We will get you and your loved one through this difficult time.
150 E. Bloomingdale Avenue
Brandon, FL 33511