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Nursing Home Abuse

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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Elder Abuse Lawyers Discuss Staying Alert To Nursing Home Abuse And Neglect

elder abuse lawyers

Before the Covid-19 pandemic, elder abuse lawyers saw many cases of nursing home abuse and neglect. This has been a growing concern among the elderly and their families. This includes such cases in nursing homes and assisted living facilities in heavily populated retirement areas including Miami and South Florida. Unfortunately, with the advent of the pandemic, the lines between detecting if a loved one is being abused (or neglected) or not have become substantially blurred.  This is due in part to the fact that during the pandemic, family members have been generally restricted from physically visiting their loved ones who are...

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Nursing Malpractice: Another Form of Medical Negligence

Nursing Home Abuse Lawyer

Nursing Malpractice can happen in doctors’ offices, hospitals and even with at-home care. Unfortunately, while many patients’ nurse-related experiences are rooted in exceptional care, a percentage involve negligence, malpractice, or both. The potential for the prevalence of substandard care to be higher is found in areas where medical offices, care centers, and hospitals are abundant—including South Florida.  At-home nursing care, which is often provided for the elderly and those who are handicapped or severely injured, may be overlooked with regard to potential for nursing malpractice. Family members and friends should stay alert to any concerns voiced by those receiving such care.  Potential...

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CoVid-19 Nursing Home Lawyers Assess Liability & Lawsuits

CoVid-19 Nursing Home lawyers

As the Covid-19 pandemic continues, the unknowns about the virus correspond with the types of new legal scenarios that are emerging. Sadly, nursing homes and assisted living centers are the sites of exceptional devastation due to the disease. CoVid-19 Nursing Home lawyers nationally are being contacted regarding illness and death of loved ones who are or were in nursing homes or assisted living centers and contracted the virus. And while many viable laws are already in place that address nursing home neglect and abuse, other situations are arising that may blur or void the use of current laws (or portions...

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Covid-19 Nursing Home Liability Attorneys Discuss Legal Action

covid-19 nursing home liability attorneys

As the number of nursing homes and assisted living facilities (ALFs) hit with Covid-19 outbreaks continues to escalate, so does the number of individuals looking for Covid-19 Nursing Home Liability Attorneys to take legal action against them and their employees due to the deaths of loved ones.  Legal issues involving the Covid-19 pandemic as it relates to nursing home care and other related care services include, but are not limited to, improper testing, insufficient number of caregivers, and lack of personal protective equipment (PPE).  Improper TestingNursing homes, ALFs, and other care facilities who do not acquire test materials, do not properly administer...

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