The Doral nursing home abuse lawyers at Dolman Law Group realize that it can be difficult to prove nursing home abuse or neglect on your own. We have the resources and experience necessary to handle matters on behalf of Doral nursing home residents and their families, helping them receive the treatment and compensation they deserve.
As a local law firm with experience representing clients in nursing home abuse matters in the Doral, Florida area, we have the tools and expertise required to handle your nursing home abuse claims. Our record of success with nursing home abuse cases is a testament to our commitment to protecting the health and dignity of senior citizens.
Why Choose Our Doral Nursing Home Abuse Lawyer?
We Have a Proven Track Record of Success Aiding Doral Nursing Home Residents
When comparing nursing home abuse lawyers in Doral, look for firms with a proven track record of success representing abused nursing home residents. At Dolman Law Group, we have helped nursing home residents in the Doral, Florida area secure the medical benefits and compensation they deserve. While past success does not guarantee future results, you can rest easier knowing that you have a team of aggressive and skilled nursing home abuse attorneys ready to fight for you and your loved one.
We know that protecting your loved one from future abuse is your primary concern. We can help you do that and hold negligent and abusive caregivers and institutions accountable. Our law firm has what it takes to succeed, and we are not afraid to take abusive and neglectful nursing homes and staff to trial if necessary.
We are a nationally recognized, award-winning Doral injury law firm that provides big law firm results with a small firm feel. Our nursing home abuse attorneys offer personalized and compassionate support every step of the way.
We are a local law firm first with strong ties to Doral and surrounding communities. We know the nursing homes, assisted living facilities, and institutions in Doral where abuse and neglect occur frequently. If you have concerns about abuse or neglect, our lawyers can be there quickly wherever you need us. To make things even easier, we offer FREE initial consultations and reviews, so you can seek justice no matter who you are.
Our law firm is located at 8400 NW 36th Street in Doral, Florida. We are close to the Miami International Airport and CityPlace Doral shopping mall.
To schedule a free case evaluation with one of our lawyers, call Dolman Law Group today at (305) 930-7688.
Common Types of Doral Nursing Home Abuse
“Elder abuse can have several physical and emotional effects on an older adult. Many victims suffer physical injuries. Some are minor, like cuts, scratches, bruises, and welts. Others are more serious and can cause lasting disabilities. These include head injuries, broken bones, constant physical pain, and soreness.” – The Centers for Disease Control and Prevention (CDC)
The CDC highlights the primary types of elder abuse that occur: physical, sexual, emotional, neglect, or financial. Here are the ways that each type of abuse may lead to injury among nursing home residents:
- Physical: The resident suffers injury or pain due to the intentional use of physical force by a caregiver.
- Sexual: The resident is the victim of unwanted sexual contact or penetration with a caregiver.
- Emotional or psychological: The resident experiences mental distress as the result of verbal or nonverbal treatment by staff.
- Neglect: The resident's well-being suffers as a result of the nursing home's failure to meet their needs for nourishment and medical care.
- Financial: The resident's money or property is used for the benefit of someone other than the resident.
Who Could Be at Fault in a Doral Nursing Home Abuse Case?
Nursing home abuse can result from the negligence or maltreatment of multiple individuals or the nursing home itself. Residents are exposed to many caregivers and medical providers throughout the course of each day. Sometimes it can be difficult to pinpoint exactly who is responsible for resident injuries, especially if neglect is involved. In most cases, nursing home abuse or neglect is caused by one or more of the following:
- The nursing home itself for failing to provide proper nourishment or medical care, or for failing to monitor staff
- Nursing home staff who abuse residents or who fail to perform their jobs properly
- Manufacturers of defective medical equipment that results in resident injuries
These are only a few of the parties who may share liability for the nursing home abuse your loved one endured. Your attorney's in-depth investigation into the abuse will reveal all liable parties so you can be sure that you have the opportunity to bring all culpable parties to justice for their wrongdoing or negligence.
What Types of Damages Can Abused Doral Nursing Home Residents Recover?
Nursing home abuse or neglect can be emotionally and physically traumatic for Doral residents. And because the health of many residents is already in a delicate state, recovery from physical injuries can take weeks or months. Some Doral seniors and elders may never enjoy a full recovery.
Victims of nursing home abuse may be entitled to compensation for a number of damages such as:
- Medical bills for treatment provided for abuse-related injuries
- Compensation for partial or permanent disabilities
- Pain and emotional suffering
- Fees for mental health services provided to treat victims of neglect, emotional abuse, or post-traumatic stress
- Costs of relocating to a new nursing home or assisted living facility
- Loss of companionship and love
- Loss of society and support
- Loss of guidance and advice
- Skin scarring and disfigurement
- Property damage
- Financial losses relating to theft and financial abuse
These are only a few of the different types of economic and non-economic damages your loved one and your family may be able to recover as part of your Doral nursing home abuse lawsuit. Find out more about how much your claim could be worth when you contact our office to discuss the details of your case further.
Common Ploys Responsible Parties Use to Avoid Payment
Malevolent tactics are often used by nursing home owners and their lawyers in an effort to avoid their financial responsibilities. Some of the most common ploys used by responsible parties to avoid paying their fair share include:
- Ignoring your claims or dismissing them as unsubstantiated
- Urging you or your loved one to sign a release to absolve them of liability
- Trying to convince you to agree to an unreasonably low settlement
- Suggesting that your loved one's injuries were self-inflicted or the result of a fall
- Using scare tactics in an effort to intimidate you or frighten you
If a lawyer or nursing home representative uses any of these tactics, it can be helpful to seek legal support right away. By seeking the guidance of an accomplished Doral injury attorney, you may ensure the protection of your rights.
How Much Can You Expect to Pay for a Nursing Home Abuse Lawyer?
At Dolman Law Group, we realize that many nursing home residents and their families cannot afford to pay out-of-pocket for legal representation—particularly since the majority of income is often dedicated to the payment of their nursing home care. For this reason, in appropriate cases, we may agree to represent clients on a contingency fee basis.
Under these arrangements, our clients typically pay nothing up front and we only receive a percentage of any settlement or verdict awarded. We also offer free case evaluations to review suspected abuse claims. When we agree to take a case, our attorneys work tirelessly to help clients receive the compensation they deserve.
Doral Nursing Home Negligence FAQ
Doral, Florida, is a beautiful city just 13 miles away from downtown Miami. Doral is a bustling city home to many Miami workers who enjoy its rich culture and beautiful outdoor settings. Many Floridians work in Doral's transportation and retail trade. Doral is only a few short miles from Miami International Airport, making it a hub for travelers and others who work with the airport.
Unfortunately, despite its beauty, strong economy, and other benefits, Doral is still a site for many accidents. In addition, with a population that includes 7 percent of citizens over 65 years old, many live in nursing homes. In Florida as a whole, over 70,000 people live in nursing homes, and there are about 20 nursing homes near Doral.
In any nursing home, patients are subject to potential negligence. Nursing homes are often short-staffed, which can lead to serious negligence in some situations. Below, we have done our best to answer all of the most frequently asked questions regarding nursing home negligence in Doral.
How Long Do I Have to File My Claim?
Under Florida Statute § 95.11, the statute of limitations will generally only allow for personal injury claims to be filed a maximum of four years after the nursing home abuse has been discovered. However, if you are pursuing a medical malpractice lawsuit or a wrongful death claim, the statute of limitations may be different.
You may have as few as two years to get your claim filed. Since the statute of limitations expiration date may not always be clear, it is important to get a knowledgeable nursing home abuse attorney on your side who can help you protect your loved one's injury settlement.
What Is Nursing Home Negligence?
Nursing home negligence is a failure of staff and supervisors to adequately care for nursing home residents. This leaves nursing home residents without proper medical care, food, or other support. About 15 percent of all complaints of nursing home abuse are complaints about neglect.
You might run into four main kinds of nursing home negligence:
- Medical Neglect. This occurs when staff members at nursing homes fail to provide adequate medical care. They may forget some medications, allow infections or bedsores to develop, or cause other similar issues.
- Basic Needs Neglect. In this situation, a nursing home will not provide a resident with enough food, water, shelter, or protection.
- Personal Hygiene Neglect. Many nursing home residents need help to brush their teeth, use the restroom, do laundry, take showers, etc. Sometimes, staff neglects to provide adequate hygiene care for residents.
- Social or Emotional Neglect. This occurs when a nursing home resident is left alone, ignored, or otherwise harmed emotionally and socially.
Any of these types of neglect could occur at any time. In some cases, you may see more than one type of neglect in the same patient.
Why does Nursing Home Negligence Usually Happen?
There are many causes of nursing home neglect. A few of the most common causes include:
- Staff shortages. Staff shortages are rampant in nursing homes across the United States. In many nursing homes, residents far outnumber the staff, making it challenging for nursing home staff to provide every resident with the care they need.
- Staff training. In some facilities, staff training does not cover all appropriate care. Because nursing homes are so desperate for staff, they may not take the time and money necessary to appropriately train staff on how to care for residents. Some residents may be aggressive towards the staff, leading the staff to respond in kind.
- Negligent hiring. Many nursing homes have poor hiring processes. They may fail to perform appropriate background checks or provide staff with the medical knowledge they need.
Under-trained and under-supported staff cause neglect. Because this is so common in nursing homes, it is not unusual to see nursing home neglect even from staff members who truly care about their patients.
What Are Some Signs of Nursing Home Negligence?
Nursing home neglect can be difficult to diagnose, especially if you aren't in the nursing home regularly. However, there are several common signs that you should be aware of if you visit a loved one in a nursing home.
The most common signs of nursing home neglect that you might see in your loved ones include:
- Falls or bruising. If you notice that your loved one has weird bruises and has been falling more than they should, you may be seeing signs of neglect. It could be that staff is not carefully watching your loved one or supporting them when they need it.
- Pressure sores. Pressure sores or bedsores are one of the most common complications of nursing home neglect. When staff members fail to move their immobile patients regularly, the patients can develop serious and painful blistering where their body puts a lot of pressure on the bed. These sores are most common on bony areas like hips that constantly press against a bed.
- Medication problems. If you notice your loved one is acting strange or doesn't seem to be getting enough medication, you may be seeing neglect. Many nursing home residents need medication to function properly, and they may struggle to interact if they have received an improper dosage.
- Poor living conditions. If you notice that your loved one's room is dirty or unsafe, it may demonstrate that the staff is neglecting to care for them.
- Poor personal hygiene. If your loved one seems to be missing showers, clean teeth, or other hygiene support, it may be because the staff is neglecting their duties.
- Malnutrition or dehydration. Though many elderly patients struggle with malnutrition or dehydration, nursing home staff should be doing what they can to support their patients through regular meals and IVs if necessary.
- Emotional distress. If your loved one is acting angrier or more depressed than usual, they may be suffering from emotional and social neglect. Make sure you know how often they get to see others and whether the staff is meeting their needs.
If you notice any of the above signs of neglect, make sure you talk to your loved ones and do what you can to seek help and support for them.
How do I Report Nursing Home Negligence?
There are a few places you can report nursing home negligence once you notice it in your loved one. If you suspect they are in an emergency and need immediate care, call 911 to speak to the police and find medical care.
However, if the neglect does not pose an immediate danger to your loved one, here are some things you should do:
- Visit Eldercare to view available eldercare resources in your area. You can call an Eldercare representative at any time at 1-800-677-1116 to get personal help reporting suspected neglect.
- Contact a local long-term care ombudsman for support. Ombudsmen support elders and their families. Ombudsmen educate people on the responsibilities of nursing home facilities, deal with problems that come up, and help elders understand and fight for their rights. Each state has its own ombudsman program.
- Report the nursing home to the Adult Protective Services (APS) in your state. APS will then investigate to determine if neglect is occurring and how to solve the issue for your loved one.
Once you have reported suspected neglect to the above agencies and received the help you need, you may want to discuss your case with us. Our nursing home neglect lawyers can help you recover compensation for losses in a neglect situation and hold the nursing home staff in question responsible for their actions.
How do I File a Nursing Home Negligence Claim?
You can file a legal claim in a nursing home negligence situation. However, you must follow a few important guidelines to get the support you need. You can file a few different claims depending on the specific laws in your state and the circumstances of your case.
You'll want to file a claim as soon as possible. If you live in Doral, for example, you only have two years to make a claim. Most states have a similar statute of limitations.
You might file a claim for:
- Negligence and personal injury
- Medical malpractice
- Wrongful death
In any situation, you will have to prove four main things:
- The defendant (the nursing home staff members and/or operators) owed you or your loved one a duty of care.
- The defendant breached their duty of care.
- That breach of duty by the defendant caused a loss, injury, death, etc.
- The resident (you or your loved one) sustained damage from the breach of care.
The first thing you'll want to do when pursuing a claim is get in touch with a lawyer familiar with nursing home negligence. A lawyer can support you as you go through the legal process. They will help you by gathering evidence and filing a complaint against the defendant.
After you file the initial complaint, the defendant has 75 days to respond. During this time, a governing agency and lawyers on both sides will investigate the case to determine its validity. At the end of that time, the defendant must either reject the claim or make a settlement offer.
Following this initial complaint process, your lawyers will negotiate to attempt a favorable settlement for all parties. If you can't settle, the case may go to court, where a judge and jury can try it.
What Kinds of Damages Can I Collect in a Nursing Home Negligence Claim?
In a nursing home negligence claim, there are several main types of damages you can recover from the defendants. You can seek compensation for:
- Medical expenses, specifically if the neglect of your loved one led to serious medical issues
- Pain and suffering, both physical and mental
- Emotional distress
If your case involves a wrongful death because of the nursing home's injurious actions, you may recover other kinds of compensation. The total amount of compensation you can recover will depend on the circumstances of your case and can vary widely. It's best to discuss your claim with a lawyer to determine how much you might be able to recover in your particular circumstances.
Can I Be Awarded Punitive Damages for Nursing Home Abuse?
Many injury victims and their families wonder whether they have the right to recover punitive damages in their case. Unfortunately, punitive damages are awarded very rarely. In fact, the Doral civil court system will only award punitive damages when they find the actions of the defense to be grossly negligent or reprehensible in some way.
They may find it necessary to punish the defendant beyond the compensatory damages you are entitled to recover. Awarding punitive damages is also a way of sending a message to the public that actions like those of the defendant will not be tolerated by the Doral civil courts.
How do I Get Medical Records from a Nursing Home?
To appropriately argue your case, you will need a lot of evidence. You should take notes and, if possible, photos of any signs of neglect that you see in a nursing home. You will also need to gather medical bills and records to prove your claim. However, it can be challenging to get records from the nursing home, especially if they are the defendants in the case.
Thankfully, the law requires every nursing facility involved to release all pertinent records. A nursing home that fails to provide you with the necessary records may break the law. All you need to obtain records is a HIPAA release form signed by the resident or their legal representative.
Do I Need a Lawyer to Help Me with My Nursing Home Negligence Claim?
Yes. The legalities surrounding a nursing home negligence case, a medical malpractice case, or a wrongful death case are often varied and complicated. You need legal support to make sure you follow all the rules and proper procedures for obtaining records and other evidence.
If a nursing home neglected or abused you or your loved one, you are likely suffering from stress and concern. That's where we come in. Our Doral nursing home negligence lawyers can help relieve some of your stress by gathering evidence for you, taking down your statements so you don't forget anything, and pressing your claim on your behalf.
Negligence lawyers want to see justice done for each of their clients. If you or your loved one recently suffered from nursing home neglect, reach out to our nursing home neglect lawyers as soon as you can for a free consultation and get started on your claim.
Will I Have to Go to Court?
It is difficult to say whether you will need to bring your case before a judge to recover total compensation for your loved one's suffering. In many cases, the abuser and other liable parties privy to nursing home abuse will be protected by some type of insurance policy.
If you file a claim with the insurance company, you may be able to recover certain types and amounts of damages. But if the insurance company is unable or unwilling to compensate you for each and every loss, you may need to be prepared to bring your case to court if you hope to get the most out of your claim.
What Is the Most Important Thing to do If You Suspect Nursing Home Abuse in Doral?
After ensuring that your loved one receives medical or behavioral healthcare for any injuries or trauma, you may find it valuable to contact a Doral nursing home abuse attorney at Dolman Law Group. We have proven success in helping abused nursing home residents, and we will listen to your story and determine whether legal representation is necessary.
We invite you to contact us for a free consultation with one of our seasoned nursing home abuse lawyers. Reach us by phone at (305) 930-7688. We look forward to providing you with a complimentary legal consultation.
Dolman Law Group Accident Injury Lawyers, PA
8400 NW 36th St Suite 450
Doral, FL 33166
What Our Clients Have to Say:
“My experience with this law firm has been extremely pleasant. After being involved in an accident where I was injured, I was able to seek treatment from the best doctors in the area. I was lucky to have a team that assisted in scheduling my appointments that worked around both my full time work schedule and my demanding grad school schedule. Even with a move out of state to New York, I was able to remain with this law firm and continue treatment in south Florida while remaining under the care of the doctors that I felt most comfortable with. Even though I suffered injuries and experienced difficulties in that aspect, the team here was able to make sure that I was able to continue work and stay on track with grad school all while I moved to a new state.”
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