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Comparing Florida Nursing Home Injury And Medical Malpractice Cases

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malpractice claims. They both involve health care providers and the individuals who receive care from them, as well as some type of misconduct that causes harm. Fortunately, med mal and nursing home injury claims also allow victims to pursue the wrongdoer for compensation. Under Florida’s medical negligence statute and laws covering assisted living facilities, it is possible to recover damages for medical costs, pain and suffering, and emotional distress.

However, there are significant differences between medical malpractice nursing home claims. It can be difficult to determine which strategy suits your situation, or whether you could proceed on both. A Miami nursing home injury attorney can guide you in the right direction and assist with all essential tasks, which will vary based upon your approach. Some information on the key distinctions is also useful.

Single Event Versus Ongoing Misconduct 

Many med mal claims are based upon a single error of omission or commission. Examples include surgical mistakes, medication errors, or misdiagnosis. Nursing home injuries are often the result of a continued pattern of abuse or neglect, such as falls because the resident was not properly monitored when getting in and out of bed.

However, the lines between med mal and nursing home cases can be murky. A common scenario occurs when a resident is harmed through administration of medication: It could be a matter of nursing home negligence or medication error by a health care provider.

 Potential Parties 

Because medical malpractice is typically tied to the actions of a single person, a patient would pursue one or a limited number of parties. The treating physician is the most obvious target. With nursing home injuries, the fact that a pattern exists means there could be numerous potential parties liability for harm. Even staff, administration, and higher up management could be accountable for the assisted living facility’s policies and practices.

 Distinct Standards of Care Apply 

The standard of care refers to the duty a nursing home or health care provider must follow, and there are two that may be at issue:

  1. Florida health care providers are required to deliver treatment in accordance with what a doctor with the same training and level of skill would deliver. Any deviation from this standard could give rise to a medical malpractice claim.
  2. Federal and state law protect residents in assisted living facilities and define the standard of care. Violations of these standards and regulations could be grounds for liability if a resident suffers nursing home injuries. 

Our Florida Nursing Home Injury Lawyers Will Pursue Appropriate Remedies 

These are some of the most important differences between medical malpractice nursing home claims, but there are many other factors to note. Freidin Brown, P.A. handles both types of cases, so we are ready to assist with the most appropriate remedy. Please contact us to set up a free consultation at our offices in Miami or Fort Myers, FL. We can describe options after reviewing the details of your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0766/Sections/0766.102.html

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