You expect your loved one to receive excellent care in a nursing home. Unfortunately, nursing home neglect and abuse are all too common in Florida. About four out of ten nursing home residents in Florida have been neglected or abused.
The Orlando nursing home negligence attorneys at Miller & Jacobs, Accident Attorneys, can review your case for free today to lay out your legal options. If the nursing home was negligent, you may be eligible for compensation for your losses.
Why Choose Us?
At Miller & Jacobs, our Orlando personal injury lawyers have decades of combined experience holding liable parties accountable for their negligence or wrongful actions. We have obtained $90 million in settlements and jury awards for our personal injury clients. Some of our recent settlements for personal injury claims include:
- $11 million wrongful death settlement
- $1.2 million car accident settlement
- $1 million wrongful death settlement
- $750,000 truck accident settlement
Our Orlando nursing home negligence attorneys are conveniently located at 5401 South Kirkman Road in Orlando, Florida. We are near the Florida Turnpike and across the street from Westgate Resorts Foundation. Call (877) 848-5297 for a free consultation about your nursing home negligence claim.
Orlando Nursing Home Negligence Compensation
Nursing home negligence is common in Florida because many older Americans live here. Most nursing home residents receive quality care, but some nursing home employees and facilities are negligent and even abusive. If your nursing home negligence attorney proves fault, you and your loved one could receive the following damages:
- Medical Expenses: You can seek compensation for costs related to treating injuries or illnesses caused by negligence. This includes hospital bills, surgeries, medications, physical therapy, and ongoing medical care. For example, if neglect led to bedsores requiring treatment or a fall resulted in a fracture needing surgery, these expenses would be included.
- Pain and Suffering: This covers the physical pain and emotional distress caused by negligence. Florida law allows for compensation for the resident’s suffering, such as chronic pain from untreated conditions or the emotional trauma of neglect. The amount varies based on the severity and duration of the suffering.
- Relocation Costs: If the resident needs to move to a new facility due to negligence, you can claim expenses like transportation and admission fees to ensure their safety and well-being.
- Home Care Costs: If the resident moves back home and requires in-home nursing care due to negligence, these costs can be part of the claim.
- Therapy and Counseling: Compensation may include mental health services for the resident or family members affected by the trauma of the negligence, such as anxiety or depression stemming from the ordeal.
- Wrongful Death Damages: If the negligence led to the resident’s death, surviving family members (like a spouse or children) can pursue a wrongful death claim.
An Orlando nursing home negligence lawyer at Miller & Jacobs, Accident Attorneys will fight for the maximum compensation for your family’s suffering and damages.
Types of Nursing Home Negligence Claims And Injuries
Nursing home residents can suffer a variety of serious and even fatal injuries from nursing home negligence:
Bedsores (Pressure Ulcers)
Caused by prolonged pressure on the skin, often when residents are left in one position for too long without being repositioned. Neglect in monitoring or providing proper bedding and mobility assistance contributes to bedsores.
Falls and Fractures
Residents may fall due to a lack of supervision, failure to use bed rails, or not providing mobility aids like walkers or wheelchairs. Hip fractures, head injuries, and broken bones are frequent outcomes.
Malnutrition and Dehydration
Neglect in ensuring residents receive adequate food and water can lead to severe health decline, weakness, and organ damage. This often occurs when staff fail to assist residents who cannot feed themselves.
Infections
Poor hygiene practices, such as not cleaning residents or changing soiled clothing, can result in urinary tract infections, pneumonia, or sepsis. Untreated wounds or catheters also increase infection risk.
Medication Errors
Administering the wrong medication, incorrect dosages, or failing to provide prescribed drugs can cause overdoses, adverse reactions, or worsening of medical conditions.
Bruises or Unexplained Injuries
These may result from rough handling, physical abuse, or lack of proper restraint use, often going unnoticed due to inadequate monitoring.
Choking
Residents with swallowing difficulties (dysphagia) may choke if staff fail to provide appropriate food textures or supervise meals adequately.
Wandering-Related Injuries (Elopement)
Residents with dementia or Alzheimer’s may wander off and suffer injuries like hypothermia, dehydration, or accidents if the facility doesn’t have proper security or supervision.
Burns
Negligence during bathing, such as by using scalding water or mishandling heating devices, can cause burns.
Psychological Trauma
Emotional neglect, isolation, or verbal abuse can lead to depression, anxiety, or withdrawal, though these are less visible than physical injuries.
Where Does Nursing Home Negligence Occur In Orlando?
Nursing home negligence in Orlando can occur in any facility that cares for elderly or vulnerable residents, including nursing homes, assisted living facilities, and long-term care centers. Some local nursing home facilities include:
- Guardian Care Nursing & Rehabilitation
- Avante At Orlando
- Solaris Healthcare College Park
- Palm Garden of Orlando
- Courtyards Care Center
Negligence can happen in for-profit and nonprofit facilities, ranging from large corporate chains to smaller, independently operated homes. Specific locations where negligence occurs aren’t tied to a single address but rather to systemic issues within facilities across the city.
For instance, understaffing, a common cause of neglect, is reported in many Orlando nursing homes. About 31% of the 61 Medicare-approved facilities in the area receive below-average ratings for staffing levels. This can lead to residents suffering from preventable conditions like bedsores, falls, or dehydration.
Negligence can also occur in specific contexts within these facilities, such as:
- Resident Rooms: Where insufficient repositioning leads to pressure ulcers or falls due to absent bed rails or supervision.
- Common Areas: Where inadequate monitoring allows wandering or resident-on-resident incidents, especially for those with dementia.
- Dining Areas: Failure to assist with feeding results in malnutrition or choking.
- Medical Wings: Where medication errors or untreated infections arise from poor staff training or oversight.
Fighting The Insurance Company
Your loved one suffered harm because of nursing home negligence, and you want compensation. Unfortunately, insurance coverage problems are common in these cases. That’s why hiring an aggressive Orlando nursing home negligence attorney is critical. Common insurance issues include:
Denial of Liability
Insurers may argue the injury stemmed from the resident’s pre-existing condition, not neglect. For instance, a fall might be blamed on dementia rather than a lack of supervision.
Lowball Offers
A common tactic is to offer the family a small amount of money before they hire a nursing home negligence lawyer. For example, the insurance company might provide $10,000 for inconvenience and medical bills. But you may not know your case is worth hundreds of thousands of dollars. An Orlando nursing home negligence lawyer knows what your case is worth.
Coverage Limits
In Florida, facilities must carry liability insurance for at least $1 million per incident and $3 million annually. If damages exceed this, the facility might claim inability to pay, though larger chains often have umbrella policies.
Delay Tactics
Insurance companies know that time is usually on their side. They may drag out your case with demands for more medical records and other evidence. A slow insurance company could delay the case by months. Insurers may drag out negotiations or discovery, hoping families give up or accept less out of frustration.
Your nursing home negligence lawyer won’t allow the insurance company to drag your case out.
Strategies to Win the Fight
- Hire an Orlando Nursing Home Negligence Attorney: A lawyer experienced in elder law or personal injury can counter insurer tactics, gather evidence, and negotiate effectively.
- Document Everything: Incident reports, photos, and communication with the facility build a stronger case insurers can’t easily dismiss.
- Leverage Regulations: Florida’s Agency for Health Care Administration (AHCA) sets care standards. Violations, like inadequate staffing, can pressure insurers into settling as they signal apparent negligence.
- Prepare for Trial: If insurers won't budge, a jury trial might be necessary. Juries often sympathize with neglected elderly residents and can potentially award higher sums than a settlement.
Most nursing home negligence claims settle out of court - about 90 percent, because insurers try to avoid the unpredictability of jury awards. However, the process can take months or years, especially if the facility’s insurer disputes liability or drags its feet. A strong case with clear evidence often forces a better settlement.
What To Do After A Nursing Home Negligence Incident
Your loved one was neglected or abused in an Orlando nursing home. It’s essential to take several actions to preserve their health and legal options:
Ensure Immediate Safety
- Address Urgent Needs: If the resident is in danger, seek medical attention immediately. Call 911 or take them to a hospital if necessary.
- Relocate if Possible: If the neglect is severe and ongoing, consider transferring them to another facility or bringing them home with proper care. However, this may depend on their condition and resources.
Document the Incident
- Gather Evidence: Record details as soon as possible while memories are fresh. Take photos of injuries. Note the dates, times, and conditions surrounding the incident. Collect medical records, care plans, or medication logs from the facility.
- Witness Statements: Speak to staff, other residents, or visitors who saw what happened. Write down their names and what they observed.
- Keep a Journal: Log every interaction with the facility, including staff responses or excuses.
Report the Incident
- Notify the Facility: Inform the nursing home administration in writing (email or letter) about the incident. Request an explanation and corrective action. Keep copies of all correspondence.
- File a Complaint: Report the issue to the appropriate authorities. In Florida, contact the Agency for Health Care Administration. Call the Long-Term Care Ombudsman Program to advocate for the resident and trigger an independent review.
Seek Medical Evaluation
- Get a Professional Assessment: If possible, have a doctor (outside the facility) evaluate the resident’s condition. This can confirm injuries like infections, malnutrition, or fractures and link them to neglect. Request a written report for evidence.
- Follow Treatment: Ensure the resident receives proper care to prevent further harm. This shows that you’re mitigating damages, a key factor in claims.
Consult An Orlando Nursing Home Negligence Attorney
Contact an attorney specializing in nursing home negligence or elder law, such as Miller & Jacobs, Accident Attorneys. You don’t pay legal fees unless they win your case.
Notify Insurance
If you’re pursuing damages directly (not through a lawyer yet), inform the nursing home’s liability insurer. However, be cautious—insurers may try to settle fast and low. It’s often better to let an attorney handle this to avoid undermining your case.
Preserve Evidence and Avoid Pitfalls
- Don’t Sign Anything Prematurely: The facility or insurer might offer a quick settlement or ask you to waive rights. Always let your nursing home negligence lawyer handle any insurance negotiations or paperwork.
- Limit Discussions: Avoid detailed talks with facility staff or insurers without legal advice; they might use your words against you. Always let your personal injury attorney in Orlando speak for you when dealing with insurance companies or nursing home representatives.
- Secure Records: Request the resident’s full file from the nursing home.
Always retain a nursing home negligence attorney when you think your loved one was neglected in an Orlando nursing home. Your attorney will immediately investigate the incident, gather evidence, and work to prove fault if it exists. Then, your attorney will negotiate a fair settlement with the insurance company, or they will file a lawsuit and go to trial.
Speak To An Orlando Nursing Home Negligence Attorney
You have your loved one in a nursing home to receive kind, effective healthcare. But it turns out that they are being neglected, and their health and well-being have suffered. At Miller & Jacobs, Accident Attorneys, our nursing home negligence attorneys in Orlando take the matter seriously. We can determine if you have a viable claim and hold the liable party accountable for a nursing home negligence lawsuit. Call today for a free consultation at (877) 848-5297.