What are the Steps Involved in a Nursing Home Abuse Lawsuit?
Nursing home abuse is a very serious issue that affects vulnerable residents in long-term care facilities. Unfortunately, it is more common in Florida than many people think, partly due to the high number of facilities in the state. If you suspect that your loved one has suffered harm while in a facility that promises to care for them properly and protect them, it is very frustrating.
Even when families want to make things right, they are sometimes hesitant to file a lawsuit against the facility or their staff members. This hesitation often stems from the fact that people simply do not know what to expect during the process and believe that it may be too complex. One of our Tampa nursing home abuse attorneys explains the process step-by-step so you can feel better prepared.
Document the Neglect or Abuse
The foundation of any successful nursing home abuse claim is strong evidence that can prove neglect or wrongdoing occurred. Evidence can come in many forms, including the following:
- Medical records detailing unexplained health conditions or injuries
- Photos of poor living conditions, bedsores, or other visible injuries
- Statements from staff members, other residents, or witnesses who saw the abuse or neglect occur
- Official reports from state agencies or the facility
When filing a lawsuit, it is essential to keep records of any signs of abuse or suspicious incidents.
Report the Abuse
Nursing home abuse in Florida should be reported to the Agency for Health Care Administration (AHCA) or the Florida Department of Elder Affairs (DOEA). Although reporting the wrongdoing will not result in compensation for your loved one, the authorities will investigate and may impose sanctions or other penalties. This can ensure that no other resident suffers harm.
File the Lawsuit
Filing a lawsuit against a nursing home involves sending the facility a pre-suit notice and filing a legal complaint with the court. The complaint outlines your allegations against the facility and the damages you are pursuing. The nursing home will have a certain amount of time to respond to the lawsuit and the discovery phase will begin. During this phase, which is often the longest, both sides exchange the information and evidence they are going to use in the case.
Settlement Negotiations
The vast majority of nursing home lawsuits in Florida are resolved through settlement negotiations. You and the nursing home will enter into negotiations, attempting to reach a settlement amount that seems fair to both sides. If a fair settlement cannot be reached, you will have to proceed to trial so a judge or jury can make the final decision.
Call Our Nursing Home Abuse Attorneys in Tampa
Before even collecting evidence, it is critical to contact our Tampa nursing home abuse attorneys. At Kohn Law, our experienced attorneys can handle all of the legal details of your case, advise on the evidence you need, and negotiate with the facility on your behalf so you and your family can focus on moving forward. Call us today at 813-428-8504 or contact us online to schedule a consultation and to get the legal help your family needs.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0400/0400.html
