Most nursing homes, including many in Seminole County that have excellent reviews, strive to offer compassionate care, but sometimes the ability to offer proper care falls through the cracks. A facility may be short-staffed, another resident could be abusive, or your family member could fall while getting up in the night by themselves.
Whatever the reason, if your loved one is harmed because of substandard care or intentionally bad behavior, you have recourse with the aid of a respected personal injury lawyer. Government regulations and inspections, and visiting facilities yourself, offer some comfort but unearthing internal problems is more difficult. You may require help from a Lake Mary nursing home abuse lawyer.
The Orlando Sentinel occasionally reports on shocking nursing home abuse perpetrated by staff and sometimes other residents. When a vulnerable older person cannot fend for themselves, caregivers are supposed to protect them. Instances of rape, physical and emotional abuse, and theft of jewelry, money, or credit cards are crimes which should be reported to law enforcement. Our Lake Mary nursing home abuse attorneys can help you determine abuse is taking place and report it, and then hold the perpetrator and nursing home liable in a civil action for compensation.
When a nursing home and staff fail to provide a safe, healthy, positive environment for residents, they are neglectful, which is a form of abuse. If neglect results in harm to the patient, the home and possibly the caregiver may be liable financially for their injuries. Our attorneys routinely negotiate with nursing home insurers, but if settlement offers are unacceptable, we head to court to file injury lawsuits. We believe our most vulnerable citizens deserve respect and quality care when they need it, and our track record of wins proves it. Examples of negligent care injuries include:
Negligence is present if a caregiver breaches the duty to give quality care to a resident and administers care below the standard a reasonable person would provide. If the substandard acts were the cause of the injuries to the resident, the caregiver and nursing home are liable for compensating them.
Injured nursing home residents are entitled to economic and non-economic compensation. Economic damage puts a price on loss and includes medical care associated with the abuse and moving the patient to a safe facility. Non-economic damages compensate patients for their pain, suffering, emotional distress, and the cost of disfigurement, such as living with bedsores that are so deep they will not heal properly. A compassionate Lake Mary nursing home abuse attorney can discuss your loved one and how we can get justice for them.
Sometimes, a nursing home resident can contribute to their injuries. Perhaps they start a verbal altercation with another resident, who pushes back physically. The Florida Legislature substantially revised tort law in these cases. Previously, a plaintiff who caused up to 99 percent of an accident that harms them could recover a damages award. Now, the plaintiff cannot be more than 50 percent liable under the comparative negligence rule. Awards are reduced to the percentage of fault a jury assigns to the defendant.
When you suspect abuse of your senior family member, you may not know what to do. The Umansky Law Firm can help you report it through the proper channels, and fight for justice by filing a lawsuit for negligence against the facility and caregivers involved.
Florida shortened the time you have to file a lawsuit from four years to two, so let us know about your suspicions right away. Listen for complaints from your loved one or look for signs of abuse, such as weight loss, uncleanliness, bedsores, or lethargy. A Lake Mary nursing home abuse lawyer is waiting for your call.
The Umansky Law Firm Criminal Defense & Injury Attorneys
