Articles Posted in Nursing Home Liability

Florida is the home to many great nursing home facilities that are designed to ensure the safety and well-being of elderly residents. However, these facilities are expected to uphold certain standards of care that may not always be met. Vulnerable residents are often neglected, abused, or taken advantage of by staff members who may be held liable. Having a licensed lawyer, who has experience working with elder abuse-and-claims, could help you hold the nursing home and its staff responsible for damages sustained by elderly residents.

If you or someone you care about was abused, injured, or neglected as a nursing home resident in Boca Raton, contact the law firm of Frankl & Kominsky today to schedule a free, initial review of your claim (by appointment only). It costs nothing to learn whether your claim qualifies for legal compensation. Depending on the details of your claim, you could recover funds to pay for damages, such as medical bills, loss of consortium, physical pain and emotional suffering, and more.

At Frankl & Kominsky, we aim to protect the rights of the elderly throughout the state of Florida by helping our clients hold negligent nursing home facilities responsible for damages incurred. Our compassionate attorneys understand the physical and emotional trauma that can occur, especially when elderly victims have nowhere to turn. Let our professional staff of legal professionals teach you your legal rights to pursue the compensation you and your family may legally deserve. 

While most nursing homes in Florida provide top-notch care for their residents, the growing number of neglect and abuse cases of the elderly continues to rise in recent years. Although many forms of neglect and abuse can go unnoticed or unreported, fractures and broken bones could be a telling sign, which means the nursing home and staff could be held liable for medical costs, pain and suffering, and other damages. Having an experienced lawyer investigate your elder abuse claim may be an important step to hold at-fault parties liable for damages sustained by your loved one. 

If you or your loved one suffered from a fracture, broken bone, or any other significant injury at a nursing home, contact the law firm of Frankl Kominsky Injury Lawyers today to schedule a no-cost, initial claim evaluation. Our firm has more than four decades of combined legal experience, which includes cases involving elder abuse-and-claims in the Jupiter area and beyond (by appointment only). Our award-winning attorneys are active members of the community and we have received more than 600 five-star reviews from our past clients. 

Below we will discuss how nursing homes are legally required to maintain certain standards of care for its residents and how they can be held liable for serious injuries such as fractures and broken bones. It is important to learn your legal rights from a licensed attorney before settling for a quick, low-ball settlement offer from the insurance company. 

The Centers for Disease Control (CDC) reports that Florida is experiencing record-breaking new daily coronavirus cases. Despite reluctance from residents and some state officials, many local government entities are imposing restrictions on social gatherings and closing down beaches during high-traffic weekends, such as the Fourth of July. However, many of the new cases are tied to Florida nursing homes and long-term care facilities.

A recent news report indicates that most outbreak clusters occur in nursing homes, prisons, and food processing plants. This is likely the result of the inability to adequately social distance at these facilities. Additionally, although many clusters occur at prisons and food plants, the deadliest cases have been in nursing homes, where the residents are particularly vulnerable to COVID-19.

Florida nursing homes should prevent, quickly diagnose, and treat coronavirus outbreaks at their facilities. The CDC advises these entities to keep COVID-19 out of their facilities by limiting visitors, educating healthcare personnel, and ensuring adherence to infection prevention and control practices. Additionally, Florida nursing homes and long-term care facilities should identify infections as soon as possible by conducting regular screens of their staff and residents. Consistently engaging in these prevention, education, and treatment practices will help slow the rate of outbreaks.

Earlier this month, an appellate court issued a written opinion in a Florida wrongful death case brought by a woman whose husband died while in the care of the defendant nursing home. The case required that the court determine whether the plaintiff’s claim involving the validity of the arbitration agreement should be determined by the named arbitrator, or whether it was properly before the court. Citing the lack of a delegation clause, the court determined that the arbitrator lacked jurisdiction to make the determination.

Arbitration in Florida Nursing Home Cases

It is common for a Florida nursing home resident to be provided with an arbitration agreement prior to admission and asked to sign. While a nursing home cannot make admission contingent upon the signing of the agreement, that fact is rarely made known to residents and their families.

The benefits of arbitration flow mostly to the nursing home. For example, the decreased cost of litigation is more important for a nursing home, which may face frequent claims. Similarly, the confidentiality of arbitration benefits the nursing home in the event that the resident’s claim is substantiated. Finally, nursing homes are able to choose the forum where the arbitration will take place, creating the potential for favoritism and bias.

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