Who is Liable for Hypoglycemia Neglect in Florida Nursing Homes?

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Who is Liable for Hypoglycemia Neglect in Florida Nursing Homes?

Date: 28 August, 2023 | Blog | Nursing Home Neglect | Hypoglycemia | By: Sanga Turnbull

As the population of Florida ages, the number of individuals residing in nursing homes increases. Hypoglycemia is a common condition among nursing home residents with diabetes, but it can be easily managed with proper care. Neglect of this condition can have serious consequences, including hospitalization, disability, and even death. This raises the question: who is liable for hypoglycemia neglect in Florida nursing homes?

Introduction

Nursing homes have a legal and ethical responsibility to provide adequate care to their residents under Florida Resident Rights Statute (Fla Stat § 400.022). The neglect of hypoglycemia in nursing homes is a growing problem in Florida. Nursing homes have a duty under Florida Administrative Code 59A-4.109 Each resident admitted to the nursing home facility must have a plan of care. The plan of care must consist of (a) Physician’s orders, diagnosis, medical history, physical exam and rehabilitative or restorative potential (b) A preliminary nursing evaluation with physician’s orders for immediate care, completed upon admission.to recognize and treat hypoglycemia promptly to prevent adverse outcomes. When nursing homes fail to fulfill this duty, they can be held liable for the consequences.

Legal Obligations of Nursing Homes

Nursing homes in Florida have a legal obligation to provide a safe environment for their residents. The Florida Statutes require nursing homes to provide adequate care, including medical care, to their residents. Nursing homes must also have sufficient staff under Fla Stat 400.23 to provide this care. They are required under the statute to post the daily staffing ratios in the facility and make them available to the public. Failure to meet these obligations can result in liability for the nursing home. Our Orlando nursing home abuse lawyers can advise you if a nursing home violated these regulations and led to your loved one’s injury or death.

Federal Regulations for Hypoglycemia

When it comes to nursing home neglect cases involving hypoglycemia, it is important to understand the specific federal regulations that apply to these situations. Under the federal regulations governing nursing homes, a facility must provide each resident with "care and services to attain or maintain the highest practicable physical, mental, and psychosocial well-being" (42 CFR §483.25).

Furthermore, nursing homes are required to ensure that residents with diabetes receive appropriate treatment and care for their condition. The federal regulations state that nursing homes must "provide appropriate treatment and care according to the resident's needs and preferences" and "ensure that residents who are diabetic receive proper treatment and care to maintain blood sugar levels" (42 CFR §483.40).

In addition, nursing homes must have policies and procedures in place to ensure that residents with diabetes are monitored and receive appropriate treatment for hypoglycemia. The federal regulations state that nursing homes must "develop policies and procedures for identifying and managing hypoglycemia" and "train staff in identifying and managing hypoglycemia" (42 CFR §483.40). Our Orlando nursing home negligence attorneys can evaluate your claim at no cost to you and let you know if you have a claim.

Negligence and Liability

Negligence occurs when a nursing home breaches its duty of care to its residents. Negligence can take many forms, including inadequate staffing, failure to provide necessary care, or improper medication management. When negligence results in harm to a resident, the nursing home can be held liable for the resulting damages. In the more severe cases it can lead to death. If you fear your loved one died from neglect, contact our Nursing Home wrongful death lawyers in Orlando for your free consultation.

Identifying Negligence

Identifying negligence in hypoglycemia cases can be challenging. Nursing homes may try to hide evidence of negligence, making it difficult to prove liability. However, some signs of neglect may include poor nutrition, medication errors, inadequate staffing, or inadequate training of staff. As Orlando Neglect attorneys, we have spent more than 20 years investigating these claims and have the necessary experience to pursue justice on your behalf.

Proving Negligence

Proving negligence in hypoglycemia cases requires evidence, such as medical records, witness statements, and expert testimony. It is essential to establish that the nursing home breached its duty of care and that this breach caused the resident's hypoglycemia. It is also crucial to demonstrate that the hypoglycemia caused harm to the resident, such as hospitalization, disability, or death. In our experience, the typical cases arise when a nurse does not understand how to provide Sliding Scale Insulin Therapy or fail to supervise residents who are experiencing signs and symptoms of hypoglycemia. It can also develop because nursing homes fail to prepare an Individualized Care Plan to address the risks associated with a specific resident. Lastly, it is not uncommon for the nursing staff to make medication errors and provide fast-acting insulin after meals or on an empty stomach. If you suspect any of these negligent acts led to your loved one’s injury, call our Elder Law Lawyers in Orlando for a free consultation.

Statute of Limitations

Florida has a statute of limitations for filing a lawsuit against a nursing home for negligence. The statute of limitations is the period during which a resident or their family may file a lawsuit. In Florida, the statute of limitations for nursing home negligence is generally two years from the date of the incident.

Hiring an Attorney

If you or a loved one has suffered harm due to hypoglycemia neglect in a Florida nursing home, it is essential to consult with an experienced Nursing Home Abuse attorney in Orlando. An attorney can help you understand your legal rights, gather evidence, and pursue compensation for your damages. An attorney can also help you navigate the complex legal system and ensure that your case is filed within the statute of limitations.

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