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Nursing Home Abuse

The Many Faces of Medical Malpractice Negligence in Florida

medical malpractice negligence

Medical malpractice negligence can involve a variety of different individuals and entities in a myriad of scenarios. Regardless of who was involved in the occurrence and the type of situation, medical malpractice negligence in Florida is defined as being based on provider or entity actions that represent a breach of the prevailing medical standard of care as defined by Florida law.1 Some of the individuals who may be involved include: Doctors Nurses Physician assistants Medical staff Specialists Lab technicians Dentists Dental assistants Dental hygienists Entities that may be involved in negligence include: Hospitals Medical offices Medical care facilities Dental offices Military medical facilities Nursing homes Outpatient facilities and centers Medical laboratories Imaging centers Medical malpractice negligence can occur at any...

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Nursing Home Surveillance Cameras Laws Continue Momentum

Nursing home surveillance cameras

Nursing home surveillance cameras have been allowed in nearly a dozen states. With Florida having more nursing homes than most other states, and South Florida in particular being a hotspot for retirement, assisted living and nursing care are highly sought after in the state. This in turn has resulted in increased nursing home abuse and negligence cases, leaving loved ones and their families searching for answers and accountability in instances of negligence, abuse, rape, and even wrongful death in nursing care facilities. One such potential solution is the installation of nursing home surveillance cameras in the rooms of nursing home residents....

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COVID-19 Variants: More On Nursing Home COVID-19 Medical Malpractice Liability

covid-19

On April 21, 2021, the CDC reported an outbreak of COVID-19 associated with a SARS-CoV-2 variant in a skilled nursing facility due to an unvaccinated healthcare worker after a vaccination program was completed.1,2 Eighteen fully vaccinated residents became ill with a COVID-19 variant according to the report. Three residents died, two of which were unvaccinated. This further demonstrates the need for diligence and responsibility on behalf of healthcare workers and nursing homes. Click Here To Read The Article If you or a loved one is currently experiencing, or has experienced, Nursing Home Abuse or Negligence, or a loved one has died due...

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Nursing Home Covid-19 Medical Malpractice Liability

Nursing Home Covid-19

Establishing Liability In Nursing Home COVID-19 Cases: The Changing Landscape Numerous nursing home COVID-19 related lawsuits have been brought as a result of injuries and deaths in nursing homes both in Florida and throughout the country. Failure to wear protective gear, a lack of testing, insufficient numbers of staff, and errors by untrained or partially trained staff are among the issues resulting in such litigation. And while establishing responsibility and securing accountability in each case is difficult, the level of difficulty will likely increase due to Senate Bill 72, which passed in the Florida House of Representatives on March 29, 20211. ...

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More Than 100 Lawsuits Filed Against South Florida Senior Care Facilities

Lawsuits

By Phil Prazan • Published March 16, 2021 Some of the most heartbreaking impacts of the pandemic came in Florida nursing homes and assisted living facilities. State data shows roughly a third of the reported coronavirus deaths in the state were related to these facilities.   Now, some state lawmakers are supporting a measure that would protect them from most COVID-related lawsuits. NBC 6 Investigators found the move could impact local lawsuits filed during the pandemic.   According to the Florida Department of Health, 74 people died after testing positive for the virus at the Hialeah Nursing and Rehabilitation Center – more than any other...

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Top Aspects of Nursing Home Abuse And Negligence Lawsuits

Nursing Home Abuse & Negligence Lawsuits

The devastation that results from experiencing nursing home abuse and negligence firsthand, or learning that a loved one is or was being abused and/or neglected, elicits a number of disturbing feelings including hurt, anger, and depression. While difficult, staying focused on stopping the abuse and/or negligence and gathering essential proof in order to achieve justice are top priorities. Taking effective legal action requires obtaining several key types of evidence. The five most important aspects in such cases are: 1. Written Documentation 2. Photographs 3. Medical Records 4. Victim and Witness Statements (Including Staff, Other Residents, Previous Employees, and Other Family Members or Friends) 5. Personal...

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Statutes of Limitations in Florida

Statutes of Limitations in Florida

Time is an important factor when it comes to Statutes of Limitations in Florida and legal cases. Unfortunately, it can become a pressing issue. While trying to gather information and coordinate legal findings quickly can be difficult to do while grieving, caring for injuries, adjusting to a new way of living, or any combination of these challenges, it is essential to do in order to achieve justice and secure maximum allowable compensation in lawsuits. An important aspect of law that relates directly to being able to take legal action in the majority of potential and provable law cases is the statute of...

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Establishing Responsibility In COVID-19 Nursing Home Cases

COVID-19 nursing home cases

A recent article in the American Bar Association Journal1 detailed widespread problems and shortcomings in nursing homes and the escalating number of COVID-19 nursing home cases and related lawsuits that are being brought as a result. Insufficient numbers of staff, failure to wear protective gear, and a lack of testing are among the most pressing problems resulting in such litigation. Injury or death of loved ones due to negligence resulting from these and other problems are the devastating and horrific consequences far too many individuals and families are currently facing. Yet establishing responsibility and securing accountability in these cases is,...

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Wrongful Death In Florida: What You Need To Know From A Legal Perspective

wrongful death in Florida

Among the civil lawsuits able to be brought to court in Florida are those involving wrongful deaths. Per Florida statutes section 768.19, when a death is caused by the wrongful act, negligence, default, or breach of contract or warranty of another person, including those occurring on navigable waters, it is considered a wrongful death.1 Overall, there are three main aspects to keep in mind with regard to Florida wrongful death claims: 1) only certain parties may bring a wrongful death claim in Florida; 2) there are specifics on damages; and 3) there are time limits for filing a claim. What Parties...

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Benefits Of Legal Representation In Nursing Home Legal Cases

Nursing Home Legal Cases

Time. Money. Justice. These are all factors in a vast array of situations in life, and nursing home legal cases are no different.  To begin with, experiencing nursing home abuse or neglect, or learning that a loved one is or was being abused or neglected, generally coincides with feelings of anger, hurt, and even guilt. Adding to the devastation is the confusion that usually follows regarding what steps to take next — and hiring a nursing home abuse and neglect lawyer is often a consideration. However, a combination of misconceptions about legal costs and time factors sometimes deters individuals from initially...

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