No loved one should ever have to suffer the embarrassment and pain of neglect or abuse. However, these actions could be made worse when they are committed by the people you trusted to care for your loved ones. While these actions or reprehensible, the law does provide a way for you to seek compensation from the parties responsible for these acts.
A New Port Richey nursing home abuse lawyer could help you or your loved one hold responsible parties accountable through a civil claim. While compensation cannot undo what has been done, it could ease the burden of any financial obligations you must now have to address. Medical expenses, new nursing home fees, and many other forms of recoverable losses could be claimed through a civil suit. Let an experienced attorney help you or your loved ones today.
Negligence and Nursing Home Abuse
With few exceptions, the vast majority of all nursing home civil claims stem from one of two types of wrongful actions: abuse or neglect. Any victim who has suffered physical, chemical, or mental anguish could qualify for a civil claim. In many other instances, nursing home residents also suffer from inattentive staffers, willfully slow response times, failure to treat residents with the care they need, and many other forms of neglect. In either case, a New Port Richey nursing home abuse attorney might be able to help a victim or the family of a victim pursue compensation for their economic and noneconomic losses.
Common Forms of Abuse and Neglect
There are an unfortunate number of commonly seen forms of neglect or abuse in nursing homes. Neglecting to provide food, water, personal hygiene, as well as ignoring or verbally abusing a resident, could result in harm and suffering. Other forms of neglect include:
- Falls causing injury
- Bedsores
- Pressure ulcers
- Weight loss
- Malnutrition
- Antisocial behavior
- Hazardous environment
Proving Negligence
Under Florida Statues §429.29, nursing home residents, their guardians, or their personal representatives, may bring a civil action against anyone who caused their injuries. In order to prove negligence, plaintiffs are required to prove four core elements. The first element is known as a duty. To be liable, defendants must have owed the plaintiff a duty of care in the first place. Generally, people owe others a duty to act as a reasonable person would under similar circumstances and to prevent unreasonable risk of harm. With regards to healthcare professionals and other defendants charged with the well-being of others, there is often a heightened duty of care.
The second element is called a breach. Plaintiffs must show that the defendant failed to meet their duty of care. Under the third element, the defendant’s breach must have also caused the plaintiff’s injury, death, damage, or loss. Lastly, the plaintiff must sufficiently prove that they have suffered actual harm that could be compensated by a civil claim in court.
Timely Filing for a Residential Home Abuse Claim
With the assistance of a nursing home abuse lawyer in New Port Richey, local plaintiffs could file a personal injury lawsuit against the defendant for abuse. The first, and arguably one of the most important steps to take when pursuing legal action, is to file on time.
The statute of limitation places a time limit on a plaintiff’s right to sue. If the plaintiff does not meet the deadline, they lose the right to bring their case. Florida Statutes §429.296 gives plaintiffs two years to file their lawsuit from the date of the incident or from the date their injury or illness is discovered, but no more than four years from the date of the incident.
Contact a New Port Richey Nursing Home Abuse Attorney Today
Seeking help for the abuse you or your loved one has suffered is challenging. However, you should not have to suffer the indignity of neglect or the pain of abuse. With the help of the right attorney, you could hold the parties responsible for your or your loved one’s anguish responsible. Reach out to a New Port Richey nursing home abuse lawyer for the help you need today.
