Abuse & Neglect in Nursing Homes
If a nursing home or its employees have acted negligently, they may be held liable for any resulting injuries. Damages available in a nursing home abuse case may include medical bills, pain and suffering, disfigurement and disability. Some states such as Florida also allow for punitive damages, which are intended to deter the defendant and others from engaging in similar conduct; however, these are only awarded in unusual cases.
The grounds for filing a claim against a nursing home may include but Not be limited to any one of he following.
- Negligent care
- Negligent Hiring of staff
- Inadequate Training of staff and employees
- Breach of Statutory or Regulatory Rights specified under Florida law
- Medication Errors
- Unsafe facility
- Failing to provide adequate monitoring or security
In a nursing home negligence case, your attorney will inform the nursing home of the pending allegations and give them a chance to respond to the claims in accordance with applicable law. In many cases, the nursing home will attempt to settle, typically by scheduling a meeting or pre-suit mediation to discuss a potential compromise. By settling the nursing home abuse claim, the injured party can recover compensation for their losses, while the facility saves the time and resources a jury trial requires. If a settlement cannot be achieved the law Offices of John J Diaz will aggressively work to obtain fair compensation by arbitration award for jury verdict.
It can be very important and helpful to document and photograph any injuries to the resident or unsafe conditions of which you become aware.
Never sign any document that requires the resident to waive or forego their right to trial by jury.
If you or a loved one has been injured, abused or neglected as a result of nursing home neglect or abuse, call the offices of John J. Diaz, Jr. to schedule a consultation to discuss the legal rights, options and alternatives that are available to you. Your initial consultation is free.