Florida Legal Topics

Daytona Beach Legal News - Nursing Home Negligence

The Law Office of Paul Bernardini

Nursing Home Negligence and Abuse

On May 16, 2016, a jury in Colorado awarded a family of a former patient of Life Care Centers of America, Inc. (LCCA) $5.5 million. The horrible conditions and indignity Sophia Maria Alcon lived through until her death as a result of her lack of care at Life Care Center of Pueblo resulted in one of the higher court decisions against a nursing home for abuse and neglect. LCCA owns more than two dozen nursing homes in Florida, two in Orlando. If you have a loved one in a nursing home anywhere, please know the signs that can indicate a problem and address them right away. Nursing home abuse and negligence include, but are not limited to, the following:

  • Bedsores, also called decubitus ulcers or pressure ulcers
  • Staff refusing or delaying visits by family to see resident
  • Overmedicating patient
  • Falls with injuries
  • Unexplained injuries
  • Emotional abuse
  • Signs of emotional trauma
  • Sudden changes in patient behavior or prognosis
  • Rapid weight loss or malnutrition
  • Cracked lips or dehydration
  • Unsanitary conditions
  • Inadequate staffing or poor quality of staff
  • Signs of sexual abuse, venereal diseases or genital infections
  • Transfer to hospital for infection, wound care, or malnutrition
  • Transfer to wound care clinic for wound care, debridement, or flap surgery
  • Financial exploitation
  • Unexplained death
It is important to make sure your loved one is being treated with the respect and care they deserve. Visitation by you and other family and friends is crucial. If you believe your loved one is suffering from any of these symptoms, or has had an unexplained death, please, please call me right away at 386-258-3453.

Florida’s statute of limitations on nursing home abuse is only two years, and it is essential that you act right away to gather evidence and witnesses. There is no time to lose. One of the first orders of business is to remove the patient from the facility as soon as possible. The sooner we can meet with you, the sooner we can user our experience to get you the help you need.

The consultation is always free.

Paul Bernardini

Nursing Home Negligence: When Can You Sue?

A nursing home, convalescent home, rest home, or elder care facility can be held legally responsible when an act of negligence, neglect, or abuse on the premises ends up causing harm to a patient or resident.

There are several factors that lead to nursing home negligence, including: unsafe conditions; negligent hiring or supervision; failure to maintain adequate health and safety policies; and failure to provide adequate medical equipment.

Once in a home, there are facility equipment hazards, including poorly fitted canes, walking sticks, and wheelchairs; loose carpeting; awkward bed heights and railings; and environmental hazards, such as wet floors, clutter, and dim lighting.

Upon intake, each patient is entitled to be properly assessed for health and need, and given an individualized care plan to protect the continued health and safety of the resident. Failure to create and maintain such a plan is considered negligence on the part of the facility, and the basis for a lawsuit.

Contributing to falls in the elderly, which are one of the main reasons that result in a nursing home stay, are chronic health conditions, loss of strength and balance, dementia, medications that cause dizziness, and impaired vision. These all need to be taken into consideration both before and after admittance.

If you suspect that nursing home negligence on the part of the care facility is responsible for the fall or injury of your loved one, call us immediately at Paul Bernardini Law, at 386-258-3453. We’ll take care to see that the rights of your loved ones are defended and preserved. The consultation is always free.