Florida Nursing Home Abuse Lawyer
When a senior enters a nursing home, they should expect to be taken care of with kindness and respect. While many seniors achieve this goal while residing in assisted living communities, the unfortunate reality is that some residents face physical, emotional, and financial abuse at the hands of their caretakers.
If your loved one has suffered abuse as a nursing home resident, the experienced personal injury attorneys at Kogan & DiSalvo will be able to review the case and may be able to assist in recovering damage for their injuries. To ensure the responsible party is held accountable, contact one of our Florida nursing home abuse lawyers as soon as possible.
Nursing Home Laws
Florida has extensive laws protecting the rights of nursing home residents. According to Florida Statute Section 400.022, residents have the right to:
- Religious worship
- Access to medical or legal counsel
- Examine the facilities’ health and safety inspection results
- Manage their finances
- Be free from abuse
- Be treated with dignity
- Adequate medical treatment and support
State law mandates that the rights afforded to all nursing home residents are made public by the nursing home staff. When a nursing home facility or their employees violate these rights, they risk the well-being of their residents. Florida nursing home abuse attorneys could review each case for potential violations when determining a nursing facilities’ liability.
Negligence in Nursing Home Lawsuit
A plaintiff in a nursing home abuse lawsuit has a viable claim for damages when they are able to show negligence on the part of the facility, according to Florida Statute Section 400.023. The elements of negligence law in a nursing home abuse case are the same as any other injury lawsuit. To prove negligence, a plaintiff must prove that four elements exist: duty of care, breach of that duty, causation, and damages. Any claim that fails to meet each of these factors may not viable. Experienced nursing home abuse lawyers in Florida could work with an injured party to help them demonstrate evidence of these four elements. Doing so could lead to a victim being compensated under Florida’s comparative negligence laws.
Duty of Care
To recover damages due to abuse, an assisted living resident must show that the defendant owed them a duty of care. In terms of these types of cases, a nursing home facility and its staff obviously owe their residents a high degree of care as it is the job of the staff to ensure well-being and health of their residents.
A survivor of nursing home abuse also must identify that the defendant breached the duty of care owed to the plaintiff. Any violation of the rights guaranteed to a nursing home resident under state law could consist of a breach of the duty of care.
Causation and Damages
The elements of causation and damages work simultaneously. To have a valid claim, a nursing home resident must show that they suffered actual damages that were directly caused by the defendant’s breach of the duty of care.
Contact a Florida Nursing Home Abuse Attorney
When your loved one shows signs of abuse while living in a nursing home, it is important to take immediate steps to secure their safety. Once you ensure the well-being of your loved one, you should seek help from Florida nursing home abuse lawyers at Kogan & DiSalvo. Our attorneys are well-equipped to work on your case and help you pursue damages related to your loved one’s abuse. Call now for a free consultation.