Florida Nursing Home and Assisted Living Malpractice Attorney

The patient population perhaps most vulnerable to medical malpractice is that of elderly loved ones in a nursing home or assisted living facility where their families believe they will be healthy and safe.

The media is full of horror stories about mistreatment of older people living in these institutions, each report more terrifying than the next.  Residents unable to care for themselves are sometimes at the mercy of poorly trained or unsupervised staff instead of the qualified doctors and nurses they need.

Nursing Home Medical Malpractice Happens Despite Regulations

Licensed nursing homes are subject to federal and state regulations that require them to meet standards of competence and care. Federal law, for example, requires them to have sufficient nursing staff, develop a comprehensive plan for each patient’s care, maintain acceptable parameters of nutritional status, ensure that significant medication errors are not made, keep accurate clinical records, and generally promote each resident’s quality of life.

Nursing homes that receive Medicare or Medicaid funding must comply with federal regulations; others are subject only to state regulation. Chapter 59A-4 of the Florida Administrative Code, for example, provides specific rules for licensing nursing homes and for physician and nursing services, medical director criteria, dietary and pharmacy services, and regular evaluation of the quality of care.

Despite regulations, malpractice and negligence in nursing homes is all too common and can lead to a patient’s death or permanent injury from:

• Medication errors violating the “right patient, right drug, right route, right dose, right time” rule for those who administer them;
• Insufficient or poorly trained staff who fail to monitor patients, fail to intervene on a patient’s behalf, or fail to safeguard a patient from injury;
• Unqualified caregivers who may even have a history of violent behavior;
• Improper use of or failure to maintain medical devices or other equipment essential to caring for a patient.

Rules for Assisted Living Facilities Differ from State to State

Although some health care advocates are lobbying for federal regulation of assisted living, right now each state enacts its own licensing procedures and rules. Assisted living residences are not medical care facilities. In fact, many states specifically prohibit assisted living facilities from providing continuous skilled nursing care. Unfortunately, some assisted living companies skirt the rules by employing unqualified staff to perform medical functions or contracting with off-site healthcare providers that do not provide continual on-site care and monitoring. Regardless, a standard of care applies to assisted living facilities as well.

Florida Nursing Home Abuse Lawyers for Cases of Abandonment

Nursing homes are supposed to be safe and nurturing places for aging individuals to live meaningful lives. Due to various obligations, sons, daughters, and other loved ones often simply do not have the time to devote to personally meeting their family members’ needs, and in many cases, seniors need the constant access to professional care that only exists in the nursing home setting. As a result, more than a million families in Florida and nationwide trust nursing home administrators, nurses and staff members to be there for their elderly loved ones in their times of need.

Tragically, despite the explicit purpose of nursing home care, abandonment of nursing home residents is a major problem. Going beyond isolated instances of neglect, abandonment involves discontinuing care without a resident’s consent, and often without his or her (or his or her family’s) knowledge. Abandonment of a nursing home resident is not appropriate under any circumstances, and those who suffer harm as a result of being abandoned deserve to receive quality treatment and just compensation.

Experienced Attorneys for Claims Against Florida Nursing Homes

The nursing home abuse lawyers at Searcy Denney provide skilled legal representation for senior citizens and their families in cases of abandonment. We have significant experience pursuing cases against nursing homes and other long-term care providers, and we believe strongly in fighting for aging individuals who are unable to protect their rights independently. Dealing with a neglectful or abusive nursing home can be challenging (to say the least), and we help make sure our clients have access to the care and support they need while we fight to recover the compensation they deserve.

Evidence of Nursing Home Abandonment

While abandonment can involve leaving a nursing home resident in isolation for an extended period of time, it can also involve failing to be there for a resident in his or her time of need. Like other forms of nursing home neglect and abuse, abandonment can take many forms, and any warning signs indicating possible abandonment need to be taken seriously. Evidence of abandonment may include:

• Inability to obtain information about a resident from nursing home administrators or staff
• Lack of hygiene for residents who are unable to care for themselves
• Limited mobility or access to activities outside of the resident’s room
• Medications not being taken as prescribed
• Symptoms of malnutrition or dehydration
• Untreated physical injuries, including pressure ulcers (bed sores) and injuries consistent with falls
• Withdrawal or other changes in a resident’s emotional state

If you have concerns about a loved one’s care in a nursing home, it is important that you seek professional help. We can help you understand your options, and we can get to the bottom of any apparent issues with your loved one’s care. To get started with a free and confidential consultation, contact us today.

Medical Malpractice Lawyers Can Hold Wrongdoers Accountable

If you suspect that medical malpractice was a factor in the death or injury of elderly loved ones in a nursing home or assisted living residence, the Florida medical malpractice attorneys at Searcy Denney can help you investigate the situation and pursue the justice that your family deserves.

Our legal teams draw upon more than 45 years’ experience handling medical malpractice cases in which we have recovered millions of dollars for our clients and their loved ones. In just one recent example, Searcy Denney medical malpractice attorney Karen Terry settled a case in mediation for $618,500 on behalf of a nursing home patient who died from a fall when nursing home staff failed to supervise him and failed to take preventive measures.

If you wish to schedule a free confidential consultation with one of our medical malpractice lawyers, please contact us online or call us at 1-800-780-8607 for an appointment.