You May Be Entitled to Compensation for Nursing Home Neglect
You can sue a nursing home for neglect, depending on the circumstances. To sue a nursing home for neglect, the resident must have sustained some type of loss, injury, or damage as a result of the neglect or abuse.
Steve Watrel has been holding nursing homes accountable for 30 years. We are dedicated to educating the public, but if you or a loved one were injured by nursing home neglect you should contact us right away.
What Is Nursing Home Neglect?
Nursing home neglect includes:
- Neglect of basic needs
- Neglect of personal hygiene
- Neglect of medical conditions
- Neglect of patient rights
Florida statute §400.022 lays out resident rights in nursing homes. Violation of these rights can be evidence of neglect but may not constitute neglect on their own.
The resident rights that can result in a negligence lawsuit include:
- The right to receive adequate health care, including mental health care
- The right to be treated with dignity
- The right to be free from mental and physical abuse, sexual abuse, neglect, exploitation, corporal punishment, extended involuntary seclusion, and physical and chemical restraints
These are not all of the rights that residents have, but they represent the rights that are most likely to lead to loss, injury, or damages. Nursing home neglect often leads to dehydration, malnutrition, bed sores, and medication errors.
Proving Nursing Home Neglect
Florida Statute §400.023 allows lawsuits for nursing home neglect. In these cases, the burden of proof falls on the claimant.
To sue a nursing home for neglect, you must prove that:
- The defendant owed a duty to the resident
- The defendant breached that duty
- The breach of duty is the legal cause of loss, injury, death, or damage to the resident
- The resident sustained loss, injury, death, or damage as a result of the breach
All nursing home staff and the facility itself owe a duty of care to residents. An experienced attorney can gather evidence to meet the other requirements to sue a nursing home for neglect.
Who Can Sue for Nursing Home Neglect?
The cause of action can be brought by:
- The resident
- The resident’s guardian
- A person or organization acting on behalf of the resident or their guardian with written permission
- The personal representative of a deceased resident’s estate, regardless of the cause of death
For example, the granddaughter of a resident may not be able to file a lawsuit unless she has written permission from the resident or they are the resident’s guardian. The lawsuit must be filed within two years of the neglectful injury.
Who Is Liable for Nursing Home Neglect?
The law allows lawsuits for nursing home neglect to be filed against:
- The licensee of the facility
- The facility management or consulting company
- The facility’s managing employees
- Direct caregivers
Passive investors cannot be made a party to lawsuits for nursing home neglect. An attorney can best determine which parties should be included in your lawsuit based on the circumstances of your case.
Contact Us for a Free Review Of Your Case
As you can see, most people can sue for nursing home neglect as long as an injury was sustained as a result. The best way to determine whether or not you can sue a nursing home for neglect is to contact an experienced attorney.
Steve Watrel has been practicing elder law for more than 30 years, and he is ready and waiting to review your case. Contact us today to schedule a free consultation.