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The Florida legislature enacted legislation (Florida Statutes, Chapter 400)
that specifically provides for the development, establishment and enforcement
of basic standards for the health, care, and treatment of persons in nursing homes
and related health care facilities. Florida law requires that residents receive
the necessary care and services that will enable them to reach and maintain their
highest practicable level of physical, mental and social well-being. In addition,
civil rights law mandates equal access in all nursing homes regardless of race,
color or national origin. Many times a lawsuit must be filed to protect the resident's
rights and to obtain compensation for the physical or mental pain and suffering
and/or wrongful death. The action may be brought by the resident, a guardian,
or any person or organization acting on behalf of the resident with the consent
of the resident or guardian, or by the estate of a deceased resident when the
cause of death resulted from the violation of the resident's rights. Frequently
Asked Questions Regarding Nursing Home Abuse CasesWhat are some examples
of nursing home negligence or abuse that our office has seen? - Failing
to provide food or water or failure to prevent malnutrition or dehydration
- Failing
to assist in personal hygiene
- Failing to provide safe, clean and decent
living conditions
- Failing to provide adequate treatment and services
for incontinent residents
- Failing to provide appropriate supervision
and assistive devices to prevent accidents
- Failing to provide adequate
medical care and acquire and dispense proper medications, as well as failure to
ensure that residents are free from serious medication errors
- Failing
to prevent a resident from developing pressure sores; or, if a resident already
has pressure sores, failure to provide proper treatment to promote healing.
What
are the typical signs and symptoms of nursing home abuse or neglect? - Bed
sores
- Fractures
- Falls
- Unexplained injuries
- Malnutrition
- Dehydration
- Renal
failure
- Improper medication
- Rapid weight gain or loss
- Unsanitary
conditions
- Poor staffing
- Unexpected death
This
listing is not exhaustive, however. Any suspicious, sudden, or unexplained change
in condition may also be an indicator of abuse or neglect. How can I afford
an attorney to investigate suspected nursing home abuse or neglect?
Hancock
& Hancock, P.A. handles all such cases on what is called a "contingency
fee" basis. This means that no fees or costs are charged unless we collect
money damages for you. All of the consultations with our office are absolutely
free. When you receive compensation, meaning we have successfully concluded your
case, either by settlement or litigation, our fees are a percentage of the gross
settlement. This percentage is agreed upon before we begin work, is in writing
signed by you and is 33 1/3% prior to filing suit and 40% after the lawsuit is
filed, up through trial.
The attorney's fee is separate from the "costs"
that the firm advances on behalf of the client. "Costs" include expenses
for obtaining copies of medical records from hospital and doctors, investigation
fees, expert witness fees, filing fees at the courthouse, costs of taking depositions,
etc. We advance all costs related to your case. Only upon obtaining a recovery
for a client, are we reimbursed the costs that we advanced.
Who can
pursue a claim?
In Florida, the state legislature has decided that enforcement
of a resident's right should be placed in the hands of the resident and the resident's
family members. Florida's civil enforcement statute allows a resident or his family,
on the resident's behalf, to sue the facility for neglect and abuse, and any other
violation of the resident's rights. In the case of a deceased person, this requires
the appointment of a personal representative of the estate of that deceased person
by the appropriate probate court. In the case of an incompetent senior citizen,
this requires the appointment of a legal guardian by a court with proper jurisdiction
FREE
CONSULTATION
If you believe that a loved one has been the victim of nursing
home negligence or abuse, contact our law firm for an "instant"
FREE and CONFIDENTIAL evaluation
of your nursing home abuse case by completing our online
consultation form or contact
us to discuss any questions you may have. Attorneys Michael
Hancock or Claire Hancock will personally provide detailed and comprehensive
answers to your important questions by reviewing your completed
questionnaire, evaluating your claim and responding to you, either
by e-mail or telephone, within 24 hours. Our phones are answered
24 hours a day, 7 days a week. We will answer your questions, without
charge, and there is no obligation to use our services.
In addition to nursing home abuse cases, Hancock & Hancock handles
the following types of cases in Florida: |
