Miami Nursing Home Injury Lawyer
According to the Journal Medicine, Miami-Dade County the population over the age of 65 will double from 394,328 in 2015 to 674,264 by 2040. As adults continue to age in the area, more will require long term care such as that provided in nursing home facilities. With the increase in elderly patients at nursing home facilities, there is an increased risk of understaffing or hiring the wrong caretakers to cover shifts, which can lead to neglect or abuse with the nursing home. If you have a loved one who is currently getting long term care and you suspect mistreatment, it is critical you speak up. A qualified Miami nursing home injury lawyer can help through the process.
With an aging population in Florida, nursing home neglect and abuse has become a very serious problem. As a society, we should not tolerate the mistreatment of senior citizens in facilities that are designed to care for them. If you, your parent, or an elderly loved one has experienced bed sores, fractures, fall injuries, malnutrition, dehydration, physical or sexual abuse, or neglect in a nursing home facility, please don’t hesitate to contact a Miami nursing home injury lawyer at Freidin Brown, P.A. for a free case review.
What Constitutes Nursing Home Abuse & Neglect?
In an ideal situation, the nursing home staff will inform you when there are changes to the care being provided to your loved one and update you on their health status. However, you are not likely to get a call admitting abuse or neglect, so you need to keep your eyes open for any medical changes that might be caused by poor treatment. Example of abuse and neglect include:
- Rough handling that can be evidenced by bruising;
- Yelling out of anger;
- Slapping, punching, hitting, or kicking;
- Abusive or derogatory comments about patients;
- Threats towards patients;
- Bedsores, a patient must be moved every two hours to prevent them;
- Weight loss from neglect or stress caused by abuse;
- UTIs leading to sepsis;
- Medication errors; and
Fractures, bruising, and depression are all outcomes from nursing home abuse while neglect might be detected by noticing sheets have not been changed, your loved one has not received medication on time, or other details of staff duties left undone. According to Elder Mistreatment: Abuse, Neglect, and Exploitation in an Aging America, the risk of abuse goes up for elderly living in long term care facilities if they are more dependent on staff for care and protection. For instance, a person with dementia or who is confined to a bed is more at risk of neglect or abuse than someone who is more independent. Another group of long term care residents that might be more at risk are those with behavioral symptoms, as they can agitate the staff more easily and staff may react improperly, which can lead to verbal if not physical abuse.
If you have recently lost a family member who was living in a nursing home and you suspect mistreatment, it is time to consider a wrongful death lawsuit. This will mean completing a private autopsy to provide evidence about what caused their death. An experienced nursing home attorney can help answer questions and guide you through this process.
Our Small Case Load Allows Us to Provide Client-Focused Services
At Freidin Brown, P.A., we handle a small number of nursing home injury and neglect cases at any one time and devote whatever resources are needed to help our clients receive maximum compensation for their injuries. Our limited case list allows us to give our full personal attention to every client. Each inquiry is treated with care, and every phone call is returned promptly. Our firm has won major awards and settlements for nursing home negligence victims throughout Florida over the last several years.
Here are some examples:
- $930,000.00 for the family of a victim of nursing home neglect at the Franco Nursing Home.
- $725,000.00 for a paraplegic man who developed severe bed sores at a nursing home.
If we commit to your case, Freidin Brown, P.A. will set out to prove it by thorough investigation, use of qualified experts, and extensive depositions. Nursing homes are regulated by federal law and statutes regulating Medicare and Medicaid. To be eligible for Medicare and Medicaid reimbursement, these institutions have to adhere to all federal rules. One of these rules is to be staffed according to regulations. Our Florida injury lawyers often find that neglect is the result of deliberate understaffing.
Common Nursing Home Violations
In 2008, federal investigators reported that more than 90 percent of nursing homes in the United States had been cited for violations of federal health and safety standards in the previous year. This shocking report also claims that around 17 percent of all nursing homes had deficiencies that were serious enough to cause “actual harm or immediate jeopardy” to their patients.
Some of the most common nursing home violations include:
- Infected bedsores
- Medication mix-ups
- Poor nutrition
- Neglect of patients
About two-thirds of nursing homes in the United States are owned by for-profit companies, while 27 percent are owned by non-profit organizations and 6 percent by government entities, the report said. The inspector general said 94 percent of for-profit nursing homes were cited for deficiencies last year, compared with 88 percent of non-profit homes and 91 percent of government homes.
Inspectors received 37,150 complaints about conditions in nursing homes and substantiated 39 percent of them, the report said. About one-fifth of the complaints verified by federal and state authorities involved the abuse or neglect of patients.
You Don’t Pay Unless We Win Your Case – Contact Us Today for a Free Review
We work on all personal injury cases as a team. Although one lawyer will have ultimate responsibility for your case, at least one and possibly two other lawyers will be involved in planning or strategy sessions. Our staff includes nursing and medical professionals who are available to assist us in the evaluation and preparation of each case. We also handle all nursing home abuse and neglect cases on a contingency fee basis. That means you pay nothing for our legal services unless we make a recovery for you. Find out how our Miami nursing home injury lawyers can assist you by requesting a free consultation.