As the “Baby Boomer” generation ages, many people are turning to nursing homes for help providing residency and medical care that their elderly loved one needs. Nursing homes are often understaffed, and it is not uncommon for instances of neglect or outright abuse to occur within them.
If you or a loved one experience abuse in a nursing home, it may be imperative that you contact a Holiday nursing home abuse lawyer right away. A skilled personal attorney could have extensive knowledge of the laws surrounding your situation and could work with your family to get you the compensation you deserve and the care that you need to live a fulfilling life.
Some cases of abuse or neglect in a nursing home may involve staff members overstepping their bounds rather than physical harm. Florida Statutes §400.022 lists a litany of rights held by a nursing home resident, which includes normal civil and religious liberties, the right to know when a room is being changed, the right to unrestricted communication like phone calls or letters, and more.
These rights could correspond to specific duties that must be carried out by the nursing home staff or specific activities that they are barred from performing. Censoring private messages between residents and family members would be a violation of the legal rights of the resident. If a person feels that the nursing home is abusing their authority and denying the rights of a loved one, a Holiday nursing home abuse lawyer could go over the legal recourse available to the person and their family.
Nursing home abuse claims are cases that rely on alleged negligence. Whether a person decides to file a claim regarding the development of bed sores, negligent medical care, or another violation of the nursing home resident’s rights, there are some steps they must take to ensure that the claim is valid.
They must give notice to the facility and any defendant caregivers that they are filing a lawsuit against the nursing home. After this is done, the filing party and their dedicated attorney must wait 75 days before submitting their claim, in accordance with Florida Statutes §400.0233.
The injured person must also file their claim within two years of the date of the injury or the date on which the injury should have been discovered under reasonable circumstances. If more than four years have passed since the injury occurred, an injured person may be unable to pursue compensation from the nursing home. An experienced nursing home abuse attorney in Holiday could walk injured residents through the legal process and work to ensure their claim can proceed toward the compensation they deserve.
If you or a loved one were abused in a nursing home, contact a local attorney as quickly as possible. Those who turn to such facilities for medical attention and general care should not have to be afraid of their caregivers and should not have to pay for injuries they receive as a result of their caregivers’ mistakes.
While the law may be on the side of injured people in these circumstances, nursing homes and other medical care facilities often have seasoned attorneys on their team. It is inadvisable to go to court without the aid of a knowledgeable Holiday nursing home abuse lawyer who could challenge defense attorneys and present a well-rounded case for compensation on your behalf. Call today to set up an initial consultation.