What are the Steps in a Nursing Home Lawsuit in Florida?

If you or someone you love has been injured by nursing home abuse or neglect, you may be able to file a claim for financial compensation. There are many steps involved when filing a lawsuit against a facility and understanding these can help ensure you are better prepared for the process. Our Tampa nursing home abuse lawyers explain the steps to follow below.

Protect Your Loved One’s Safety

If your loved one is in imminent danger, it is critical that you remove them from the facility. Also ensure that they receive medical attention. This will not only ensure their injuries do not become any worse, but also that the nature and severity of their injuries are documented. Medical records are important pieces of evidence in nursing home abuse lawsuits.

Collect Evidence

Medical records are just one type of important evidence when filing a nursing home abuse lawsuit. It is also important to take pictures of your loved one’s injuries, such as bed sores. If there are unsanitary conditions in the facility, also document these by taking pictures and videos. Take note of the names of staff members in the nursing home, particularly those that were directly involved in your loved one’s care.

Report the Abuse or Neglect

If the abuse involved theft, sexual assault, or physical harm, contact law enforcement. This will protect your loved one’s safety and if necessary, provide the help you need to remove them from the facility. In addition to the police, you can also report the abuse to the following agencies:

• Florida Department of Children and Families (DCF): You can file a report with the Florida Abuse Hotline by calling 1-800-962-2873.
• Agency for Health Care Administration (AHCA): You can report negligence or shortcomings in the facility with the AHCA.
• The long-term care Ombudsman: You can file a complaint with the Ombudsman and they will conduct an investigation.

Send Formal Pre-Suit Notice

In Florida, you are required to send the facility formal pre-suit notice. After you send this notice, you cannot file the lawsuit for 75 days. This time period allows both sides to exchange information and try to settle the case without filing a lawsuit.

File the Lawsuit

If the matter is not settled during the pre-suit period, you can file a lawsuit in civil court. In most cases, you have two years to file the lawsuit. When filing a lawsuit you must prove that the facility breached their duty of care and that your loved one suffered injury as a result.

Settlement or Litigation

The majority of nursing home abuse cases in Florida are settled during negotiations outside of the courtroom. If you cannot reach a fair settlement, you will have to go to court and allow a jury or judge to decide.

Our Nursing Home Abuse Lawyers in Tampa Can Help You Through the Process

At Kohn Law, our Tampa nursing home abuse lawyers can review the facts of your case and help your family through the process to make it as easy as possible for you. Call us today at 813-428-8504 or contact us online to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0400/0400.html