Nursing Home Negligence Attorney

in West Palm Beach, Florida

Frequently Asked Questions

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Nursing Home Injuries - An Overview

Negligence in the Nursing Home Setting

What Your Rights Are as a Resident of a Nursing Home

Special Considerations in Proving Damages in Cases Involving the Elderly

Statutory Protection of Older Persons

Frequently Asked Questions about Nursing Home Injuries

Nursing Home Injuries Resource Links

Nursing Home Injuries Contact Form

If a nursing home resident has signed no contract with that home, can he still sue for improper care?
Yes. You can have causes of action other than breach of contract. There might be nursing home negligent care and supervision, negligent hiring, or negligent maintenance of the building or of equipment. If the resident has been abused, she can sue for assault and battery.

What rights do nursing home residents have?
For a nursing home to receive Medicare funding, its residents must be free from all abuse, whether verbal, physical, mental or sexual. They must also be free of all restraint that isn’t strictly necessary for medical or safety reasons. They have a long list of rights and you can read them on our Rights of Nursing Home Residents page.

What happens when a nursing home resident complains to a state agency about abuse or neglect?
The complaint will be reported to the Florida Adult Protective Services agency for investigation. They will interview the resident, family members, and nursing home staff. If they find it to be a well-founded complaint, they will take appropriate action.

If the resident’s family are not satisfied that these services are enough, they will usually consult a nursing home negligence attorney and discuss bringing a civil action for damages.

How is “neglect” defined in a nursing home context?
It is the failure of the nursing home to provide basic services for health and safety. Examples are food, shelter, supervision, clothing, and medical care.

Does a nursing home visitor have any rights if he or she is injured?
Yes. Premises liability could be the basis of a civil claim, addressing injuries caused by an unsafe condition on the property. The visitor’s attorney would probably use the concept of negligence, either in maintenance of the premises or in the hiring of employees who were negligent.

Why are abuse and neglect frequent in nursing homes?
There are several reasons:
Understaffing, which creates pressure on the staff that is there and anxiety about completing their day’s work on time;
Poorly trained staff, who for instance, may not know how often they should be turning their bedridden patients to prevent bedsores;
Staff with a history of violence, who may become rough with residents who don’t cooperate quickly enough;
Reluctance on the part of residents to report abuse or neglect, for fear of retaliation. This makes it “safe” for whichever staff is committing the abuse or neglect.
Increasing public awareness of nursing home abuse may give a partial illusion that the abuse is increasing.

How can legal proceedings remedy nursing home abuse or neglect?
(a) Reporting abuse or neglect to the Florida Adult Protective Services agency will lead to investigation and remedial services being offered to the abused resident. (b) A criminal prosecution could lead to punitive damages designed to punish the facility or person responsible for the resident’s injury.

What is “exploitation” in a nursing home context?
It is misuse of a person’s funds, property, or person. It covers a wide variety of possible acts, such as misappropriation of funds, sexual harassment, and obtaining services from a resident through intimidation.

Please contact our nursing home negligence attorney at the Law Offices of Craig Goldenfarb in West Palm Beach if you would like to have a free consultation. We can listen and assess your situation, and if you have a valid legal claim, we can start to gather information for your case.

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West Palm Beach, Florida, nursing home injury lawyer Craig Goldenfarb represents clients throughout South Florida, including the cities of Palm Springs, Stuart, and Fort Pierce, and residents of Palm Beach County, Martin County, and St. Lucie County. Our office in West Palm Beach, Florida, is located a quarter mile west of I-95 on Palm Beach Lakes Blvd., behind Chick-Fil-A in the IKON Building.