Establishing Liability in Florida Nursing Home Abuse Cases

The purpose of nursing homes is to provide an environment in which the elderly are cared for and respected, which is why it can be devastating to find that a loved one is being subjected to abuse in their nursing home. Enduring abuse can result in severe psychological conditions like post-traumatic stress disorder. It can also have lasting physical consequences, depending on the severity of injuries that the person sustains. However, this abuse does not need to be endured silently, and individuals can pursue a case. Establishing liability in West Palm Beach nursing home abuse cases is vital to achieving a positive outcome in the case. If a loved one has been abused in their nursing home, speak with local West Palm Beach nursing home abuse lawyer who can build a strong case.

Duty of Care

Chapter 400 of the Florida statute and federal law identify liability in nursing home abuse cases. The questions to determine are whether somebody violated the law, and did that violation of the federal and state law cause harm to the resident.

The duty of care in a nursing home is extremely high because the residents are among the most vulnerable in our society. The duty is to protect the resident, use all reasonable means to make sure they are free from mental and physical abuse, and they receive adequate and appropriate care and support services.

In nursing home abuse cases, the responsible party is held liable for the harm caused to the resident by the person’s violation of the law. When there is a pressure sore, the person is responsible for the medical bills and treating the pressure sore, and for the pain and suffering the resident suffered as a result of the development of the pressure sore.

Evidence in Nursing Home Abuse Cases

When establishing liability in West Palm Beach nursing abuse cases, a lawyer will talk to the family members to find out their story. If the resident is able to talk, the lawyer finds out from the resident what took place. They gather the relevant documents, take appropriate depositions, and hire expert witnesses to put the case together.

In cases like these, the clients can help by giving the attorney all of the information in their possession. That includes pertinent documents, all medical bills, and a written account of what took place so they do not forget all of the details. The most important thing is to call the lawyer as soon as possible and let the lawyer take over the investigation.

Once it is determined that the nursing home did something wrong and caused harm, damages can include medical bills related to the care for the harm that was caused and damages for pain and suffering related to the harm.

Contacting a Lawyer

Incidents of nursing home abuse can feel like a great betrayal, especially because of the trust involved in leaving a loved one in the care of others. In this situation, pursuing legal action is the best option. When establishing liability in West Palm Beach nursing home abuse cases, a nursing home abuse victim should call a seasoned and experienced nursing home abuse lawyer. These cases can be complicated and expensive. It is rare for the nursing home to voluntarily own up to the wrong doing they committed, so a nursing home abuse victim needs a good lawyer. A good attorney can help you pursue the justice you deserve.