Nursing home abuse and neglect is an egregious violation of the legal duty that long-term care facilities owe to residents. You may be thinking about filing a nursing home abuse lawsuit in West Palm Beach if you or your loved one has faced neglect or injury in a Florida nursing home.
A personal injury attorney can review your potential claim to determine whether you have the right to financial compensation. If you or a loved one endured abuse or neglect at a nursing home, you could be entitled to damages for the pain, suffering, medical bills, emotional distress, and other results of an injury.
Time Limit to File a Nursing Injury Lawsuit
According to Florida Statutes § 429.296, nursing home residents who sustain injuries due to nursing home abuse or neglect only have two years from the incident date to start a civil lawsuit claiming damages. A resident may have as long as four years to get their claim started if the abuse was not immediately discovered. When the nursing home tries to hide the abuses or frauds to hinder the discovery of their wrongdoing, the law allows someone up to six years to file suit against the negligent West Palm Beach facility.
The Rights and Privileges of West Palm Beach Nursing Home Residents
Florida law grants specific rights and privileges to nursing home residents, and any violation of these rights could lead to the facility’s liability. Among these rights, residents are to be allowed to practice the religion of their choosing, and to be afforded privacy in their communications and visitations with others. Residents also have a right to voice complaints to the nursing facility, its staff, government workers, or others without fear of retaliation.
A resident should be allowed to choose the doctor they wish and the pharmacy they prefer to provide their medications. The right of a resident to keep and use clothing and other valuables belonging to them should also be respected. If a nursing facility decides to move a resident from one room to another, they should inform the resident of such a change in advance. If a resident is living in a Medicare or Medicaid nursing home, they also have the right to contest if the nursing home tries to release the resident or move them.
Establishing Liability in a Nursing Home Abuse Claim
Nursing homes and long-term care facilities have a legal duty of care to residents, which is to see to their welfare and wellbeing. A facility that breaches this duty may be liable for a personal injury claim if the resident is injured and suffers losses from said breach. There may be multiple parties liable in a West Palm Beach nursing home abuse claim.
For example, an individual staff member could be legally responsible for the abuse or neglect of a resident. Likewise, the nursing home might also be liable for its staff’s actions in cases of poor training practices, lack of security, or negligent hiring procedures. Sometimes, a fellow resident may be guilty of abuse against the plaintiff.
Get Help Filing a Lawsuit for Nursing Home Abuse in West Palm Beach
You may need to consult an attorney about filing a nursing home abuse lawsuit in West Palm Beach if you have been affected by neglect or abuse from a nursing facility. These claims are often complicated, but a West Palm Beach personal injury attorney can help you understand your rights, investigate your claim, and support you at all stages of your case. A lawyer could fight on your behalf for all damages owed. To learn more about filing a nursing home abuse lawsuit, call an attorney today and schedule a confidential review of your potential case.
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