Is Suing A Nursing Home For Negligence Possible?

A devastating reality we all have to face is that our loved ones living in nursing homes may not be receiving the care they need. In fact, many residents of Florida nursing homes are suffering because of the staff’s neglect. 

If you suspect this is happening to your closest family members, it’s completely natural to feel helpless and angry. While nothing can erase the trauma of the event, each citizen has rights and they may be entitled to financial compensation if they can prove that negligence occurred. 

Suing a nursing home for negligence is a lengthy and complicated process, but it’s worth it in the long run as it can keep your loved one safe and allow you to hold the nursing home responsible for their abhorrent actions.

Can you sue a nursing home for negligence?

When an individual suffers financial losses or physical or mental injuries due to subpar care or poor treatment in an assisted living facility, Florida law gives them the right to sue the negligent party for damages. The lawsuit is a civil case, where the goal is to receive financial compensation and is based on the nursing home’s failure to provide an adequate level of care. 

In the context of a nursing home lawsuit, it’s necessary to prove the staff (and by extension, the facility) failed to live up to accepted standards of care. Due to the sensitive position of the elderly, these standards are very high for such institutions. 

Common examples of nursing home negligence

Negligence can encompass many different things, but it generally falls into either affirmative actions that cause harm to a resident or plain old neglect. 

Some of the most frequent examples include:

• Assault or battery
• Inadequate amount of water and food
• Limited access to movement and exercise in the facility
• Sexual abuse
• Harassment and emotional abuse
• Isolation of the resident from other residents
• Monetary exploitation 
• Fall hazards
• Sanitation problems
• Medical malpractice
• Limitation of or interference with private conversations

This is by no means an extensive list, as there are plenty of other ways nursing home staff may cause harm to their residents. 

How to prove negligence occurred in a nursing home?

To recover compensation in a nursing home malpractice or neglect lawsuit, you must first assert the claim. Though there are situations where an attorney can work directly with the defendant without suing a nursing home for negligence, more often than not, you’ll have to file a formal legal claim to receive compensation. 

In the legal claim, you must provide evidence proving that neglect took place. Equally as important, your attorney must demonstrate the standard of care and how exactly the nursing home staff failed to live up to those standards. Lastly, you must prove that some sort of harm happened and that the losses are a direct result of the negligence. 

Similarly, if a medical service provided was improper and led to an injury, you can file a malpractice claim against the liable parties. Proving the claim is very similar, with the only difference being the professional standards of care. 

Laws applicable in nursing home negligence cases

There are plenty of state and federal laws that will play a crucial role in suing a nursing home for negligence. Here are just a few:

• US Nursing Home Care Standards: According to the Federal Nursing Home Reform Act, all assisted care facilities have to adhere to accepted federal standards of care. This act outlines requirements for quality assurance, assessing functionality, and setting standards for written care plans. There are severe repercussions for non-compliance with these requirements.

• Florida Nursing Home Bill Of Rights: This bill of rights outlines the rights of individuals residing in care facilities. In short, the bill provides them the right to live free of financial, physical, emotional, and mental abuse, along with the access to care services they require to maintain their health. Moreover, residents of assisted care facilities have the right to manage their financial matters with the ability to openly present grievances against the institution without fear of retaliation.

• Florida Civil Negligence Laws: These state laws allow those who suffered negligence to recover compensation, and suing a nursing home for negligence is no exception. All US citizens must act in a manner that doesn’t harm others. When an individual is tasked with caring for another person, the duty of care is even higher. Abuse and neglect fall into the category of negligence, and it applies to both individuals and institutions caring for other individuals. If neglect leads to any sort of harm, the victim has the right to demand financial compensation.

• Florida Criminal Laws: Nursing home neglect can fall into the category of criminal. If applicable, the liable individual can be subject to State Criminal Laws. This may include instances of abuse, fraud, assault, or battery. While civil laws still apply, the liable party can also be charged with committing a serious crime. 

What should you do if a nursing home was negligent?

Before filing a suit, you should first report the event to the police and contact Adult Protective Services. Doing so ensures your loved one is protected during the initial stages of the process. Only then should you file a lawsuit against the facility to recover compensation. 

Keep in mind that there’s not just one way to respond to negligence. Your attorney can clarify the applicable laws, discover new evidence, and help put together the right strategy to deal with the nursing home’s negligence.

What to do in case of nursing home malpractice?

So, suing a nursing home for negligence is possible, but what about situations where a resident of a nursing home was harmed by a medical practitioner?

You can still sue the nursing home, but you’ll have to go about it a bit differently. 

Medical malpractice cases are much more complex than regular lawsuits. An attorney will have to hire various medical experts to determine if medical negligence occurred. Because connecting the instance of malpractice to the injury is challenging, we recommend you hire a malpractice attorney if that area is at the core of the lawsuit. 

For such cases involving a nursing home, Sowell Chakour is the law firm you should hire.

Along with our deep knowledge of nursing home negligence matters, we also specialize in medical malpractice cases. One of the founders of the firm is a practicing malpractice attorney who was also a former surgeon. This fact allows us to bring an added level of expertise to the case, ultimately assisting you in achieving the best possible outcome.

Call (833) 633-6257 or fill out our contact form to set up an appointment.

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.