Nursing Homes

The following information is being provided to assist those whose family member or loved one has suffered injuries or even death while residing at a nursing home or similar facility here in Florida.

There are numerous Florida statutes (and federal regulations) which govern nursing homes, their operation, and their responsibilities to residents. Florida Statutes (Chapter 400) requires facilities to provide safe, adequate and appropriate care and treatment to persons residing in nursing homes. Florida law requires nursing homes not only to provide appropriate treatment and health care to its residents, it also requires the facilities to respect the dignity and rights of elderly residents. The Nursing Home Resident's Rights Act (Chapter 400.002) lists almost two dozen rights to residents which nursing home facilities must recognize and provide.

A nursing home is responsible for any injury it causes to a resident, including a wrongful death claim which can be pursued by the resident's personal representative. There are a variety of potential and common types of claims against a nursing home, including various types of ulcers or open wounds (including pressure sores, bed sores, and decubitus ulcers) which result from poor care. There are other types of claims resulting from medication errors, sub-standard care, falls which occur in the facility, and claims resulting from dehydration, malnourishment, weight loss or other inadequate nutrition issues.

Florida Statutes, Chapter 400, also governs the recovery of damages from nursing homes that are found to have violated residents' rights through abuse, neglect or providing inadequate or substandard care. Nursing homes are responsible for damages caused by their negligence or from their deprivation of any of the rights of a resident. One can recover actual damages including pain and suffering and economic damages caused by a nursing home's negligence or its violation of a resident's rights. Sometimes, punitive damages may be recovered against a nursing home. Attorneys' fees are also awarded in many cases against a nursing home.

Like other medical malpractice or negligence cases, the initial determination in any nursing home abuse case is whether there was a violation of the resident's rights or a breach of the standard of care by the nursing home's medical staff. Therefore, it is important and imperative that enough time is allowed to permit a careful review of the records. The resident's chart and other treatment records need to be obtained along with other documents such as photographs, administrative records, nursing home policies and procedures. Like medical malpractice cases, an expert is required to analyze the resident's chart and treatment, and to provide an opinion detailing the breaches or errors in the care provided to the resident. There are complicated pre-trial procedures and pre-suit requirements of nursing home cases. Thus, it is important and strongly recommended that family members of someone who has suffered from abuse or neglect at a nursing home immediately contact an attorney experienced in this field to determine whether there is a basis for any type of claim.

The lawyers at Abramowitz & Pomerantz, P.A. are experienced personal injury attorneys who have handled numerous nursing home abuse cases. If you or anyone you know may have a possible nursing home claim resulting in serious injury or the death of a loved one or close family member, our firm is available to analyze the situation and discuss the issues and strategies involved in bringing the claim. These include discussing the potential liability of the facility, the amount of damages which could reasonably be claimed and the potential for successfully collecting any damages awarded from the nursing home or its insurer.

At Abramowitz & Pomerantz, P.A., we urge you to contact us regarding any questions you may have about a possible nursing home neglect case with the knowledge that you are dealing with an experienced AV Rated law firm specializing in personal injury law. Our firm handles cases on a contingency fee basis which insures that you will pay a fee only if you recover damages. We will be more than happy to provide you with a free initial consultation to enable you to discuss the merits of your possible nursing home neglect claim with one of our attorneys. Please feel free to contact us today at (954) 572-7200, by email at www.floridainjurylawyers.com or by filling out our online claim form contained in our website at www.floridainjurylawyers.com.