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When a nursing home is either not living up to the standard of care that it is supposed to or it is doing something that a reasonable medical provider would have not done, it is important to consult with an experienced attorney about filing a compensation claim. A lawyer can not only offer you legal guidance but can also help with building a compensation claim when trying to recover damages in Palm Beach Garden’s nursing home abuse cases.
There are a variety of damages that are recoverable in a nursing home abuse case. However, it is highly dependant upon the context of the case. If a victim were to pass away as a result of the abuse, the damages that the family would be entitled to are outlined in Florida’s wrongful death statute. These damages would be considered economic damages, which could include past and future medical expenses.
Victims can also recover non-economic damages, which include loss of enjoyment of life, pain, and suffering. If the actions of the facility are egregious enough, victims may be entitled to a punitive damage award, which damages as a form of punishment for the maltreatment that was experienced by the victim.
To prove damages in a nursing home abuse case, a person needs to investigate the claim quickly. A person should also gather all of the medical records and find out if those records are accurate. This could prove to be potentially difficult since it is uncommon for records to go missing or certain incidents not be documented, especially in the context of a nursing home case.
The Department of Children and Family or the Agency for Healthcare Administration is sometimes brought in to conduct their own investigation in order to find out if the nursing home is guilty on some criminal level for not providing the appropriate standard of care.
Contact Rafferty Domnick Cunningham & Yaffa about Your Florida Injury Claim Today
When somebody has suffered a significant injury, an attorney can consult with experts who can create a life care plan. A life care plan identifies the injury suffered, what type of care is necessary to treat those injuries, and how those injuries will manifest moving into the future. The life care plan takes into account the age and circumstances of their particular claimant and how that claimant will suffer moving forward. Only once the future medical care of the victim is mapped out can the plaintiff accurately prove damages.
A nursing home abuse lawyer can work quickly to gather medical records and to contact the appropriate agencies. If the claim has merit that the home or the facility was not providing the appropriate level of care, an attorney can have nurses on board to review those records and help to identify focal points that could be brought up in court. Lawyers can then consult with additional experts, depending on the classification of the person who was allegedly negligent. For more information on damages in Palm Beach Gardens’ nursing home abuse cases, contact an attorney today.
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