Nursing home negligence and abuse statistics are on the rise throughout the United States, including in the state of Florida. Current statistics show that more than half of all Florida nursing home abuse cases involve some kind of neglect.
If you or a loved one has been injured as a result of nursing home abuse or negligence in the state of Florida, you may be entitled to monetary compensation for the injuries and damages you sustained. Our experienced nursing home abuse and neglect lawyers have the medical and legal knowledge and expertise to represent you throughout your case.
In nursing home abuse and neglect cases, insurance companies often try to limit their liability exposure or deny liability altogether. Our experienced attorneys will be able to negotiate with the insurance company and its adjusters on your behalf. If the insurance company does not make a fair and reasonable settlement offer, our attorneys are not afraid to litigate your case or take it to trial if necessary.
Common Types of Clearwater, Florida, Nursing Home Abuse Cases
- Nursing assistants
- Physical therapists
- Nurse practitioners
- Nursing home administrators
In addition to the negligent nursing home health care provider, the health care provider’s supervisor may also be deemed negligent for a patient’s resulting injuries and damages.
Some of the most common examples of nursing home negligence include the following:
- Errors in dispensing or administering medication to patients
- Failing to adequately supervise or treat patients
- Mishandling patients
- Failing to keep, record, or maintain accurate and complete records on patients (including patient medication records)
- Failing to call a doctor or specialist when the situation warrants
- Failing to properly monitor the patient’s vital statistics
- Failing to be aware of a patient’s medical history and pre-existing medical conditions
- Failing to heed and consider medication warnings and potential drug interactions
- Failing to provide proper patient care and support under the circumstances
- Failing to report a serious patient complaint or finding to a doctor or nurse who is on duty
- Failing to adequately and appropriately respond to a patient’s needs (including signs or symptoms of injury, stroke, or heart attack)
When nursing home health care providers behave in a negligent manner, serious injuries and damages can result. Some of the most common types of injuries and damages suffered by Florida nursing home patients include the following:
- Cuts, bumps, bruises, abrasions, and scarring
- Slip and fall injuries
- Permanent impairment or disfigurement
- Fractures and broken bones
- Soft tissue injuries
- Traumatic brain injuries (TBIs) and other closed-head injuries
- Internal bleeding
Legal Basis for Recovery in Florida Nursing Home Negligence Cases
Nursing home abuse and negligence cases in Clearwater typically fall under the umbrella of Florida medical malpractice. Under the State’s medical malpractice statute, an injured patient must employ the services of at least one medical expert who will file a sworn affidavit with the court. This affidavit must indicate that the medical expert reviewed the injured patient’s medical records and that he or she is prepared to testify that the patient’s standard of care fell below that of a reasonable health care provider, thereby constituting medical negligence.
A healthcare provider working for a nursing home is held to the standard of care of a reasonably prudent health care provider acting under the same or similar circumstances.
An injured patient may also have a cause of action directly against the nursing home for negligent hiring, negligent supervision, and/or negligent retention of the negligent or abusive health care provider charged with committing the medical malpractice or negligence.
In order for a nursing home patient to obtain monetary recovery for the injuries and damages sustained, the injured patient must prove that the nursing home health care provider or administrator breached the applicable standard of care – and that this breach factually and legally resulted in the patient’s injuries and damages. An injured patient may be able to recover some or all of the following types of damages in a Florida nursing home abuse or negligence case:
- Payment of medical bills
- Payment of lost wages (if applicable)
- Pain and suffering damages
- Emotional distress and mental anguish damages
- Damages for permanent impairment
- Punitive damages (in cases where egregious conduct was involved)
Contact a Florida Nursing Home Negligence Lawyer Today to Discuss Your Case
Nursing home abuse and negligence occur in Florida on a daily basis. It is important to note that in addition to having a cause of action against the negligent or abusive nursing home health care provider, an injured patient may also have a cause of action against the nursing home itself based upon the principles negligent hiring, negligent retention, and/or negligent supervision theories of recovery.
If you or someone you love has sustained injuries and damages as a result of a healthcare provider or nursing facility’s negligence, you may be entitled to monetary recovery under Florida law. It is important to realize that in personal injury and medical malpractice cases, the insurance company usually controls the purse strings. No matter whose insurance company is involved, insurance companies, generally speaking, are not on your side, and they do not have your best interests at heart.
Insurance companies often try to settle medical malpractice claims and lawsuits for as cheaply as possible in order to wash their hands of them quickly. Moreover, insurance companies are not interested in compensating you for your injuries, damages, and inconvenience – all of which resulted from someone else’s carelessness and negligence. Rather, they are most interested in keeping their own money in-house to distribute to their shareholders.
A skilled Clearwater nursing home negligence attorney will be able to negotiate with the insurance company on your behalf and assist you with obtaining the maximum value for your case. To schedule a free consultation or case evaluation with our nursing home negligence attorneys, please call us at 727-451-6900 or contact us online.