Legal Rights of Nursing Home Residents in Florida in Cases of Pressure Sore Development

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Legal Rights of Nursing Home Residents in Florida in Cases of Pressure Sore Development

Date: 31 July, 2023 | Blog | Nursing Home Neglect | Bedsores | By: Sanga Turnbull

It's a tragic irony, isn't it? Nursing homes are supposed to be places of care and sanctuary for our elders, but sometimes they become the very settings where neglect and harm occur. If you or a loved one is residing in a nursing home in Florida and is suffering from pressure sores, it's crucial to know your legal rights. These are not just trivial matters; we're talking about justice, dignity, and oftentimes, saving a life.

What Florida Says About Nursing Homes

Florida has stringent regulations governing the operation of nursing homes, embodied in Chapter 400 of the Florida Statutes. These laws aim to ensure residents live in a safe environment and receive the standard of care they deserve.

Your Right to Sue: Grounds for Legal Action

In Florida, you have the right to sue a nursing home for negligence if they failed to provide the level of care that a reasonably prudent person would expect under similar circumstances. This could include failure to prevent or treat pressure sores.

Evidence Matters: Building Your Case

To win a case, you'll need to gather substantial evidence that the nursing home was negligent. Medical records showing the progression of the pressure sores, testimonies from caregivers, and even photographic evidence can be instrumental. Our law firm has handled claims across the state and taken several to trial. If you have questions call us for your free consultation.

Know Your Time Limits: Statute of Limitations

In Florida, you generally have two years from the time you discovered the injury (in this case, pressure sores) to file a lawsuit. However, this can be complicated by various factors, so it's essential to consult with a lawyer promptly.

Common Defenses: What the Nursing Home Might Say

Be prepared. Nursing homes often have their own battery of attorneys who may claim that the pressure sores were unavoidable due to the resident's health condition, or that they occurred before the resident was admitted to the facility.

Financial Compensation: What You Could Win

If your case is successful, you could receive financial compensation for medical bills, pain and suffering, and even punitive damages in cases of extreme neglect or abuse.

Consult a Specialist: Why You Need a Lawyer

Navigating the legal labyrinth is not something you want to do alone. An experienced lawyer can guide you through the process, helping to secure the best outcome possible.

Report to the Authorities: Your Civic Duty

Apart from pursuing legal action, it's also essential to report the negligence to relevant Florida state agencies. This not only aids your case but also helps prevent future neglect of other residents.

The Time to Act is Now

If you or a loved one is suffering from pressure sores due to nursing home neglect in Florida, the time to act is now. Knowing your legal rights and taking prompt action can not only bring justice but also enforce accountability and pave the way for improved care standards in these critical institutions.

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Call 407.612.6464 • 863.324.3500 today to speak with an experienced Nursing Home Abuse and Neglect Lawyer who proudly serves Lakeland, Orlando, and throughout the State of Florida.