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Frequently Asked Questions

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Practice Area:

Nursing Home Abuse

Question:

Are nursing homes liable if a resident is injured by another resident?

Answer:

They certainly can be. Especially if the nursing home had knowledge that resident had a propensity to act our or be aggressive and didn’t do anything about it. It’s important to contact an experienced attorney, who can conduct a thorough investigation needed to prove this out.

Question:

Are nursing homes required to keep records of the care provided?

Answer:

Absolutely they are. The statutes actually guide exactly what they’re required to keep in their records, and these records actually become the main evidence in a nursing home case, proving both care that was provided and the absence of care based on what’s documented.

Question:

Are there time limits to sue for injuries in a Florida nursing home abuse case?

Answer:

Most definitely. The statutes provide a 2-year statue of limitations from the date of the incident, so it’s very important to start your investigation as quickly as possible as soon as you know something has happened. You certainly don’t want to go beyond that 2-year period or you will be barred from bringing your claim.

Question:

Are witnesses important in a Florida nursing home abuse case?

Answer:

Witnesses are incredibly important in nursing home cases. Many times the resident is either deceased or is unable to testify as to what happened to them. It’s important to hire an attorney to look through the records, have their experts look through the records, identify all potential witnesses in the case, both employees and past employees of the home, as well as possibly other family members or family members of other residents who may have witnessed what occurred.

Question:

Can any attorney effectively review and handle a medical malpractice claim?

Answer:

The key word in that question is “effectively.” Quite frankly, there are not that many firms that can effectively handle a medical malpractice claim. They are really detailed, they have specialized statutes and procedures. If you’re going to proceed one or you want to check on one, you need to go to a qualified law firm.

Question:

Can any attorney handle a Florida nursing home abuse case?

Answer:

In Florida, any attorney can legally handle any case they choose; however, nursing home cases are guided by the Florida statutes with very specific procedures that must be followed to protect your rights. It’s important to hire an experienced attorney who’s knowledgeable about that statute and can follow those procedures to protect you.

Question:

Can I inspect the records of a nursing home?

Answer:

You can, and by records depending on what you’re referring to, you can certainly look online to the AHCA website to check the surveys of the nursing home. You can actually look at the nursing home’s most recent survey at the facility as well as their current license. If you would actually like to look at a resident’s records if you have power of attorney or healthcare surrogacy for that resident, you’re entitled to view those records as well.

Question:

Can I still sue a nursing home on behalf of my loved one if they passed away?

Answer:

Yes, you can. Depending on the circumstances of the death, it could be either a wrongful death case or it could be a survivor ship action. It’s a complicated issue and you do need an experienced attorney to look at that and explain those rights to you.

Question:

Do I need an attorney for my Florida nursing home abuse case?

Answer:

I would certainly recommend that you hire one, yes. The Florida statutes are very particular and specific as it pertains to nursing home cases and what must be done in order to pursue the claim. It would be extremely difficult to prosecute a case of this nature without legal help.

Question:

How can I find out what the state says about a particular nursing home?

Answer:

The most important way is to look at the state surveys. These can be found on the OHCA website, which is the Agency for Healthcare Administration. You can check up on any particular facility and review several years worth of surveys to see what’s happened in that facility.

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