Carmen Gallardo
After family members reach a certain age and deserve more support, families often place them in nursing homes where their needs can be better cared for. Unfortunately, some residential care homes do not provide the best or even appropriate level of care, causing injuries to their patients. If you or a family member have experienced inadequate care in a senior care facility, contact one of our nursing home abuse attorneys at Gallardo Law Firm. We protect the health and justice of the individuals in our community.
Various forms of nursing home abuse prevail in the United States. Some of the most common are:
These are just some forms of abuse to keep an eye out for, but there are many more, such as medication errors and neglect of patients' needs. Anything that violates their basic human rights can be considered abuse and must be reported.
Nearly all of the state's laws related to assisted living facility residents use the word neglect rather than negligence. Abuse under these laws is an act or omission that causes injury. Elderly abuse in nursing homes is considered a crime under State Law. Neglect in elder care facilities is a problem that unfortunately many of our elderly face daily.
When admitted into a nursing home, patients must carefully read and sign a contract that entails all the fundamental rights they are granted. If the patient cannot do so, their family member must do it. These agreements typically grant patients basic rights such as:
These are just some of the most important basic human rights granted to nursing home residents in Florida. If violated, the patient and their family have the right to file a claim against the facility and their staff.
If the violations in a Florida Nursing Home Facility cause injuries to you or a family member, it is essential that you take note of this. You must seek justice for these injuries and file a claim for damages. Some signs that abuse is occurring in your nursing home facility are:
Each year in the United States, there are more than 2 million older people suffering from some form of abuse and millions more go unreported.
Discovering that a loved one has suffered from abuse in a facility is heartbreaking, but you must ensure you take the correct steps following the incident. As soon as you find out, you must document the event in incredible detail; you can do this by taking photos and running medical tests to confirm the injury. You must also report the abuse to the authorities so that there is a police report to support the event and acquire emergency assistance. This will facilitate the investigation process alongside a seasoned attorney from our team.
Choosing the right lawyer is crucial. Your attorney should be resourceful and experienced. Only a skilled lawyer can determine if you or your loved one has a valid case of negligence against an elder care facility.
The 2022 Florida Statutes 400.023 pertain to civil enforcement regarding nursing homes and related health care facilities. This statute outlines the rights of residents and the legal recourse available in cases of abuse, neglect, or violations of residents' rights.
An initial consultation can answer any questions and help you determine if you should pursue a civil lawsuit against the staff from your family member's assisted living facility. You are eligible for a case against the institution if there is established proof of you or your loved one being a resident in the facility and being taken care of by the staff. Additionally, you need evidence of the abuse that they have suffered from and injuries caused by that abuse.
Get the justice your elder deserves by contacting a nursing home abuse attorney with the experience and determination to better serve your needs and provide care and peace of mind during this difficult time.
Any staff member involved in abusing your family member can be liable for the injuries. The best way to determine who is liable is by studying all the evidence and interviewing witnesses. Once a party is found responsible, we will investigate thoroughly to discover the cause of the abuse or incident.
Some of the possibilities may be:
Our attorneys will assist you every step of the way. We begin by answering your questions and discussing all the details of the abuse. We then visit the facility and collect evidence that can be used to support your case, such as medical records, facility safety records, and information about the staff. Additionally, we will take photos and video footage from surveillance cameras that can be used as evidence.
Following that, our team will interview witnesses and consult experts to obtain their opinions on the facility's performance and injuries.
Finally, our attorneys will support you through the exhausting paperwork and legal procedures. We will allow you to spend time with your family and recover while we handle all of the minor details. Don't go through this alone.
Damages vary per case based on the injuries that the patient suffers from. However, some possible damages that can be recovered in a nursing home abuse case include:
These are just some of the recoverable damages. To have a more accurate estimate of what you could receive, you must meet with legal representation and evaluate the details of your case.
Many state and federal regulations have been established to protect seniors at nursing home facilities. Unfortunately, violations occur every single day, compromising the health and dignity of our elders. If you suspect your family has been a victim of nursing home neglect in Miami, you should alert the authorities and law enforcement, and contact a lawyer who has experience with negligence cases in this type of assisted living facility.
At Gallardo Law Firm, our seasoned attorneys are committed to seeking justice for the members of our community. Our first consultation is free, and we will not charge you any fees until we have won your case. Contact us at our offices today in Miami or Hialeah, or call us to schedule your free initial consultation at (305) 261-7000
