Are you worried about the care your loved one is receiving in a nursing home? Finding out that someone you care about is being abused, neglected, or mistreated is overwhelming and distressing, but a nursing home abuse lawyer in Miami can advocate for your best interests.
At Jenner Law, our lawyers have 70 years of combined experience. Founded in 2017, our law firm has recovered millions of dollars for our clients. The sooner you contact us, the sooner a personal injury lawyer in Miami can review your circumstances and get started on your case.
Florida Nursing Home Residents Have Legal Rights
Placing a family member in a nursing home does not mean that person gives up their basic rights. Florida law specifically protects nursing home residents and requires facilities to provide residents with certain rights and protections.
Florida Statutes § 400.022 requires nursing home facilities to adopt and make public a statement of residents’ rights and responsibilities. Here’s what those rights include:
- Civil and religious liberties
- Private communication
- Participation in social and community activities
- Privacy
- The right to be treated with dignity
The statute also addresses residents’ rights concerning medical care, personal possessions, visitors, grievances, and protection from abuse and neglect. These protections give families an important legal framework when something goes wrong.
A nursing home resident does not lose their right to dignity simply because they need help bathing, eating, taking medication, getting dressed, moving around, or managing a medical condition.
A person who needs substantial assistance is still entitled to appropriate care and treatment. When those rights are violated and the resident suffers harm, Florida law provides a path for pursuing a civil claim in appropriate circumstances.
For a free legal consultation with a nursing home abuse lawyer call,
(888) 585-2188
The Types of Conduct That Could Support Your Claim
Nursing home abuse is not limited to an obvious physical attack. Mistreatment can involve physical abuse, emotional abuse, sexual abuse, neglect, exploitation, or other conduct that violates a resident’s rights.
These are examples of situations that deserve careful investigation:
- Unexplained bruises, cuts, burns, fractures, or other injuries
- Repeated falls or injuries that are not adequately explained
- Medication errors or unexplained medication changes
- Dehydration, malnutrition, or unexplained weight loss
- Poor hygiene or untreated medical conditions
- Bedsores or other injuries associated with inadequate care
- Sudden changes in behavior, mood, or communication
- Missing money, property, or other belongings
- Sexual contact or behavior that violates appropriate boundaries
- Failure to provide care identified in the resident’s care plan
- Ignoring complaints made by the resident or family
- Unsafe conditions that contribute to injury
One sign alone does not automatically establish legal liability. For example, a resident could have an underlying medical condition that explains an injury or change in behavior. That is one reason a thorough investigation matters.
A nursing home abuse attorney in Miami can review the circumstances alongside medical records, care documentation, facility records, witness accounts, and other evidence to determine whether the available information supports a legal claim.
Nursing Home Neglect Can Lead to a Civil Claim
Neglect can be difficult for families to recognize because it does not always involve a single dramatic event. Sometimes the concern is a pattern of inadequate care that gradually causes a resident’s condition to deteriorate.
Florida law provides a civil cause of action for negligence or violations of residents’ rights that result in personal injury or death. A claimant generally must establish these details:
- The defendant owed a duty of care to the resident.
- The defendant breached their duty of care.
- The breach legally caused the resident’s injuries, death, or other losses.
Florida’s nursing home law does not create strict liability. A violation of a resident’s statutory rights or applicable standards can serve as evidence of negligence, but the claimant still has to establish the required elements of the claim.
This distinction matters when evaluating a case. It is not enough to point to a rule or regulation and assume compensation automatically follows. The evidence needs to establish how the conduct affected the resident.
A Miami nursing home abuse lawyer can investigate that connection and build the claim around the evidence.
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Who Can Be Held Responsible Under Florida Law?
A family might initially focus on the caregiver who directly caused an injury. That person could be responsible, but Florida’s nursing home statute identifies several categories of defendants who can be subject to a civil action.
Florida Statutes § 400.023 identifies the following as parties who can be defendants in a lawsuit:
- Nursing home licensee
- The licensee’s management or consulting company
- Managing employees
- Direct caregivers
The law also contains requirements for bringing claims against certain other individuals or entities. A claimant must establish a reasonable showing concerning the duty owed, breach of duty, and causation before a claim can proceed under the statute.
This is one reason it can be important to look beyond the individual employee involved in an incident. An investigation could involve questions about the facility’s management, supervision, staffing, policies, training, or response to previous complaints.
The appropriate defendants depend on the evidence and the particular circumstances of the case.
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Call Jenner Law for Legal Representation From Our Miami Nursing Home Abuse Attorneys
At Jenner Law, our attorneys represent clients in cases involving nursing home abuse and neglect. Our Miami nursing home abuse attorneys understand that nursing home abuse cases require compassion and careful legal work.
Our lawyers and paralegals have received both trauma and cognitive interview training through the Center for Hope. This background equips our legal team for conversations involving traumatic experiences.
With us by your side, you will get the personalized attention you deserve. We dig deeper and fight harder to get our clients fairly compensated.
As a nursing home abuse law firm, we have the resources and experience to fight the biggest corporate wrongdoers. Call today.
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