Nursing Home Negligence

When our loved ones are in a nursing home, we expect the staff to treat them with dignity and to administer the care they need. However, these facilities sometimes neglect the residents placed under their care. At Frankl Kominsky, our negligence lawyers are available to provide the legal counseling and representation that may be needed by families in the West Palm Beach area. Contact our office today for assistance in trying to pursue a claim against a careless facility.

Licensed care facilities designed as homes for senior citizens are responsible for the well-being of their residents. Most Florida nursing homes provide their residents with the medical and personal care they need. Unfortunately, some licensed care facilities have been cited for incidents of neglect and abuse.

If your relative is in a nursing home, it is important to watch out for possible signs of neglect. These include unexplained sores, drastic and sudden weight changes, a heightened level of fear or anxiety, and a lack of hygiene or poor living conditions.

Nursing homes are subject to both federal and state laws. These laws are meant to give residents rights and protections against various forms of neglect and abuse. They also impose penalties on nursing homes that fail to adhere to them.

Licensed care facilities must comply with several requirements if they want to receive funding from the federal government. For example, nursing homes must develop and implement policies and procedures that prohibit staff from neglecting or mistreating residents. Federal law also forbids these facilities from hiring individuals who were previously found guilty of abuse or neglect.

Florida laws also give nursing home residents certain rights. Some examples include:

• Being free from physical and mental abuse, including physical and chemical restraints unless specifically authorized by a physician or in an emergency;
• Refusing medical treatment, and being informed of its consequences;
• Managing personal finances; and
• Receiving adequate and appropriate health care as well as protective and support services.

Incidents of neglect can lead to both civil and criminal charges. If you suspect nursing home negligence, report your suspicions to the state’s Long-Term Care Ombudsman Council. You should then consider speaking with an experienced nursing home negligence attorney about holding the facility civilly liable for its actions. Although there are several state and federal laws in place to protect residents, many still suffer from neglect. In Florida, a nursing home negligence victim can pursue a claim against the facility. The victim must prove that:

• The facility owed the resident a duty of care;
• The facility breached the duty;
• The breach is the cause of any injury to the resident; and
• The resident sustained damages as a result.

The standard of care applicable in your case will depend on the defendant. For example, a non-medical staff member has a duty to exercise reasonable care. A nurse, however, will have to exercise the care consistent with the standard that is acceptable for a typical nurse under the same circumstances.

You can recover damages for yourself or a loved one if you can prove that negligence caused the harm at issue. Reimbursement may include compensation for related medical care and treatment, pain and suffering, and possibly punitive damages in extreme cases.

The injury attorneys at Frankl Kominsky are experienced litigators who are available to try and assist fighting nursing home negligence in West Palm Beach. If you or a loved one is a victim of neglect or abuse, we can try to provide the dedicated advocacy to assist you in holding the the facility and its staff accountable for their careless actions. We serve clients in Boca Raton, Delray Beach, and Palm Beach Gardens, among other Palm Beach County areas. For a free and confidential consultation, call us at (561) 609-1948 or contact us via our online form today. We are fluent in Spanish and Creole.