When we place our loved ones in the care of a nursing home, we expect that they will be well taken care of. Sometimes, however, our elder family members may suffer harm as the result of mistreatment, neglect, or carelessness.
Our elder abuse attorneys represent individuals and families in cases involving nursing home negligence. We work closely with our clients and strive to hold licensed care facilities responsible for their actions.
Proving Nursing Home Negligence
General negligence principles apply in nursing home cases. This means that to recover damages for injuries sustained because of fault by a facility, you must show that it breached its duty of care. As licensed care facilities, all nursing homes have standards by which they must operate. If they violate these standards, with a result of injury or death, they may be held liable for their actions.
Additionally, Florida has enacted statutes specifically concerning nursing homes that also provide a manner in which damages can be sought. These laws were enacted by the Florida legislature in order to set forth basic guidelines for the care of nursing home residents and to ensure that aspects concerning health and treatment are safe and appropriate.
The nursing home legislation gives patients a cause of action when there has been negligent behavior or a violation of rights on the part of a facility or its employees. The patient rights set out in these laws include the right to receive adequate health care and services, the right to be treated with dignity, and the right to be informed regarding medical treatment. Moreover, nursing home residents have the right to be free from any type of physical abuse, seclusion, or restraint.
It is important to understand that the specific nursing home laws do not prevent you from also bringing an action based on negligence. In situations where the nursing home neglect or wrongdoing has caused the death of a patient, the patient’s family may proceed in a wrongful death claim against the facility.
Statute of Limitations
There is a time limitation on filing suit for nursing home negligence. Injured nursing home residents and their families have only 2 years in which to file a claim against the facility. The time begins to run from the date on which the injury occurred.
Under certain situations, the deadline for filing may be extended. This may be possible if a nursing home facility concealed its behavior or misrepresented information to the patient’s family. Regardless, it is crucial to obtain legal representation as soon as you have discovered a nursing home’s malfeasance. If you fail to file a timely claim, you may be completely barred from any recovery whatsoever.
Our injury lawyers have extensive experience bringing claims under all theories of nursing home negligence. In some cases, it may be possible to seek punitive damages for the resulting injuries. The purpose of punitive damages is to punish a nursing home for its conduct. As such, it is necessary to show that a facility’s behavior has been particularly egregious, demonstrating willful, wanton, or intentional misconduct.
Our Legal Team
If you suspect delinquent behavior by a nursing home, you should consider contacting the negligence lawyers at Lusk, Drasites, & Tolisano. Our elder abuse lawyers bring suit on behalf of families in order to improve conditions at these facilities. We serve residents near Cape Coral, Fort Myers, and Naples. To speak with a Florida elder abuse attorney about your case, call (800) 283-7442.