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Nursing Home Abuse Tag

24 September
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Florida Nursing Home Abuse & Negligence Lawsuits Q&A

Posted by mslaw
in Nursing Home Abuse
Florida Nursing Home Abuse & Negligence Lawsuits

Establishing liability in nursing home abuse and negligence cases has changed over the past few years, particularly since the onset of COVID-19, causing additional challenges in seeking justice and fair compensation for victims. The following are commonly asked questions about Florida nursing home abuse and negligence lawsuits: What Is The Most Recent Law Passed With Regard To Florida Nursing Homes? HB1239 is the most recent law passed involving Florida nursing homes.1 It includes a reduced amount of a minimum of 2.0 hours of direct care by a certified nursing assistant per resident per day. The amount of direct care was previously 2.5 hours. Are There...

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17 September
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The 993: Is Your Loved One a Victim of Florida Nursing Home Negligence?

Posted by mslaw
in Negligence, Nursing Home Abuse
Florida Nursing Home Negligence

Nine hundred and ninety-three. That’s the number of instances in which residents at Florida nursing homes walked out the door without supervision, proper authorization, or both between 2017 and 2021, according to the Florida Agency for Health Care Administration (AHCA).1 That includes individuals with dementia or other forms of cognitive impairment. Each account is disturbing, and in many cases the situations were life threatening. It’s a harrowing scenario for family members and loved ones. The International Council of Nurses’ definition of nursing includes “promotion of a safe environment.”2 Wandering from a nursing home and being found over 5 miles away on...

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30 June
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Nursing Home Abuse And Negligence Liability

Posted by mslaw
in Nursing Home Abuse
Nursing Home Abuse And Negligence

Numerous processes related to establishing liability in nursing home abuse and negligence cases have changed since the onset of COVID-19, causing additional challenges in seeking justice and fair compensation for victims. The passing of Senate Bill 72 in the Florida House of Representatives on March 29, 2021 is one example.1 The Bill grants specific types of legal immunity to nursing homes with regard to COVID-19-related litigation. Potential Problems with Blanket Immunity Blanket lawsuit immunity for nursing homes and similar care facilities creates the potential for provable cases of abuse and/or negligence to go unchallenged. Verifiable cases of abuse and/or negligence that...

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28 February
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Florida Nursing Homes: Important Legal Update

Posted by mslaw
in Medical Negligence, Negligence, Nursing Home Abuse
Florida nursing homes

Potential changes to Florida nursing homes and staffing standards are currently being considered by the Florida House.1 Minimum staffing requirements in Florida nursing homes have been an issue of debate for more than 20 years. It's a serious concern, particularly given that Florida -- and South Florida in particular -- is a popular hub for retirement and nursing home care. Not to mention concerns about Florida's high rate of nursing home abuse and negligence. Current proposed changes include reducing the 2.5-hour minimum of time that certified nursing assistants must spend daily providing each nursing home resident with direct care down to...

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12 December
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Nursing Home Abuse & Negligence In South Florida: Part II

Posted by mslaw
in Nursing Home Abuse
Abuse & Negligence

As noted in Part I of our coverage of Nursing Home Abuse & Negligence, South Florida – including Miami and surrounding areas – has continued to grow robustly as a popular location for those seeking retirement in an area with spectacular weather, cultural diversity, and a plethora of services. This includes growth in the quantity of assisted living centers and nursing homes. The combination of a large number of care centers and insufficient resources for enforcing regulations to keep our loved ones safe has, unfortunately, created situations that have resulted in an increase in the number of cases of negligence,...

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22 November
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Nursing Home Abuse & Negligence In South Florida: Part I

Posted by mslaw
in Nursing Home Abuse
Nursing Home Abuse & Neglect

South Florida’s ever-growing popularity as a prime retirement destination has created a booming hub of assisted living centers and nursing homes set among the sun and sand. And while that may sound like an enticing part of one’s retirement plan, the actuality is that the need to improve nursing home quality of care in Florida is so substantial that the Senate Special Committee on Aging has focused considerable attention on the situation. Unfortunately, even with regulations in place, there are limited nursing and medical resources in South Florida and throughout the state to enforce them. The result has been an...

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08 November
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When Nursing Home Negligence Results in Wrongful Death

Posted by mslaw
in Medical Negligence, Negligence, Nursing Home Abuse, Wrongful Death
nursing home negligence

Learning that a loved one has experienced nursing home negligence in a care facility is one of the most disturbing events in life. When such a situation results in a loved one's death, it is nothing short of devastating, and the pain, hurt, and anger is unimaginable. Feelings including shock and misplaced guilt can make it difficult to function, let alone focus. Yet gathering the proof needed to build an effective case and finding expert legal guidance are essential. Finding answers and seeking justice become priorities for most individuals and families. When a loved one is injured or dies due to...

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31 May
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Nursing Home Surveillance Cameras Laws Continue Momentum

Posted by mslaw
in Negligence, Nursing Home Abuse
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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23 January
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Top Aspects of Nursing Home Abuse And Negligence Lawsuits

Posted by mslaw
in Negligence, Nursing Home Abuse
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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29 November
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Establishing Responsibility In COVID-19 Nursing Home Cases

Posted by mslaw
in Covid-19, Medical Negligence, Negligence, Nursing Home Abuse, Wrongful Death
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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