A nursing home should be a place where your elderly loved ones feel safe. You should feel safe leaving loved ones with caretakers. When that trust is violated, you don’t have to feel helpless. It depends on the situation, and not all things that cause injuries in nursing homes are abuse or neglect. The elderly are often more prone to broken bones in routine accidents that may not have been caused by the negligence of others. Depending on their current health, they may also face mobility issues can cause issues with physical therapy. When patients are resistant to being moved, it can be less problematic for residents to allow them to stay in bed with less movement.When injuries are caused by abuse or neglect, it’s important to act quickly. It could be a problem with inexperienced or insufficiently trained staff members or those who are frustrated with their job. Personal injury lawyers in Miami are here to treat every case just as seriously. Any problems that lead to abuse and negligence in a nursing home should be addressed so we can push for change and help avoid similar injuries in the future. Some owners and managers may not be fully aware of what’s going on, which can lead to even more serious issues.
Depending on the circumstances, we may use medical records, surveillance tapes, and more to establish a negligence case. When family members suspect abuse, it’s become more common to install security cameras in their rooms. Nursing home owners are likely responsible for all the things that go on in their facilities. This includes incidents that could’ve been prevented with closer monitoring.
When Do Personal Injury Lawyers in Miami Bring Civil Suits?
Countless scenarios can lead to a civil lawsuit. Sometimes, a personal injury lawyer in Miami will file your civil suit alongside a criminal suit filed by the state. Not all injuries justify a lawsuit. It’s a personal injury lawyer’s job to look at the unique circumstances of your case and make a recommendation. Then you can make an informed decision about how to move forward. Even if you don’t file a suit, it could be worth it to talk to the management or ownership about your concerns. This way, you can ensure the safety and well-being of your loved ones and also of other residents.
Sometimes, civil lawsuits are filed due to blatant abuse. This could include things like hitting patients, ignoring fall hazards, or purposefully pushing them. It could also include behaviors that create known risks such as not having enough people to assist a patient in daily tasks. Many patient care techs and others are used to physical work. If the caretaker is 100 Lbs and the patient is 300 Lbs, it would be reasonable to expect more assistance to prevent injury. It could also include keeping the facilities clean and free of hazards that could lead to a slip and fall.
Sometimes, employers are not able to know beforehand if an employee will abuse patients, but that does not mean that situations do not arise where employers should have known. If they take reasonable steps to screen patients and act quickly when issues become discoverable or apparent, they might not be liable. Things like not running the appropriate background checks could put patients at risk.
Patients may also sue if residents aren’t provided with proper medical care. This could include things like physical therapy or the right prescriptions. It could also include any unnecessary delays in treatment for bedsores or other problems that can come up. Depending on the patient, it could even include not turning patients to prevent things like bedsores or ulcers.
A Miami Personal Injury Lawyer Can Start Early
Any case should be filed as early as possible. You may not have all the information yet. A personal injury lawyer in Miami can still explore the facts before moving forward. Deadlines can leave less time than you imagine to file your case. So it’s important to get moving early on. If there’s a criminal case being filed, always discuss your options with a personal injury lawyer immediately. You may be able to pursue a civil action at the same time as the state presents a criminal matter.
It’s the criminal court’s job to pursue abuse and neglect against the individual (assuming there is enough evidence for criminal court standards – civil matters have a lower burden of proof known as “preponderance of the evidence”). It’s a civil lawyer’s job to help injured patients pursue the facility and any negligence that could’ve contributed to the injury. Even if you’re not sure if negligence was involved, you can call personal injury lawyers to get more information. This way, you can get an opinion and make an informed decision. Then you won’t have any regrets about the things you didn’t do later on.
If you feel you might have a case of nursing home abuse or neglect, taking preventative measure to protect loved ones should be your priority. You can also call personal injury lawyers at Nunez Law, P.L. to discuss your options. This could include taking steps to gather evidence; it could also include taking the legal steps necessary to start a civil suit. To see what personal injury lawyers can do about your nursing home case, click here.