Nursing home residents are generally more vulnerable than other members of society to injuries and illnesses. Thus, nursing homes must take certain measures to protect their residents from harm. Unfortunately, however, many nursing homes neglect to comply with the duties imposed by law, and their residents suffer harm as a result. For example, nursing home negligence sometimes has contributed to the rapid spread of COVID-19 in nursing homes throughout the country.
Nursing homes should be held accountable for any harm caused by nursing home abuse and negligence during COVID-19. Boca Raton nursing home negligence lawyer Gregg M. Hollander has the knowledge and experience needed to help you seek a successful outcome, and he will advocate aggressively on your behalf. From offices in Boca Raton, West Palm Beach, and Fort Lauderdale, the Hollander Law Firm assists people in claims against nursing homes throughout South Florida.
Laws Imposed on Florida Nursing Homes
The federal and state laws imposed on nursing homes seek to ensure that nursing home residents are provided with thorough and attentive care. For example, Florida nursing home residents have a right to receive adequate health care, nutrition, and hydration, and they have a right to be informed about the proposed treatment for any conditions from which they suffer. They also have a right to be treated with fairness and dignity, which includes a right to be free from physical and mental abuse. Furthermore, to meet residents’ needs, nursing homes are required to hire adequate staff and develop comprehensive care plans for each resident.
Lawsuits Arising Out of Nursing Home Abuse and Negligence During COVID-19
Many nursing homes lack adequate staffing and provide insufficient care because their goal is to save costs. While the failure of nursing home staff to adequately care for residents is always a concern, during the COVID-19 outbreak, harm caused by nursing home negligence and abuse has become increasingly prevalent. For example, many nursing home residents have contracted COVID-19 due to the failures of nursing home staff to take measures to prevent the spread of the disease, such as maintaining a sanitary environment, quarantining sick residents, preventing sick people from entering the nursing home, and wearing and providing appropriate protective equipment.
Even residents who do not contract COVID-19 may suffer indirect harm due to the pandemic. Nursing home staff dealing with sick residents may neglect healthy residents, which can exacerbate an existing condition or cause a new condition. In some cases, nursing home staff overwhelmed by the stress of dealing with COVID-19 may directly harm a resident.
Anyone who suffered harm due to nursing home abuse or negligence may be able to assert a claim against the nursing home for damages. People seeking damages for nursing home negligence and abuse must generally prove that the nursing home had a duty to provide reasonable care and that the nursing home breached the duty, causing the victim’s harm. Often, expert testimony is needed to establish that the nursing home’s negligence caused the plaintiff’s harm.
Compensation Awarded in Lawsuits Against Nursing Homes
Compensation typically awarded in lawsuits against nursing homes includes the cost of any medical treatment that the injured person needed to undergo due to their harm, as well as the cost of treatment that they will need in the future. The injured person will typically be awarded damages for the suffering, pain, and mental distress that they endured as well. In cases involving the death of a resident, their beneficiaries may be awarded compensation for the loss of the deceased person’s companionship, medical and funeral expenses, and other damages.
Contact a Knowledgeable Injury Lawyer in Boca Raton
Many nursing home residents have suffered devastating harm due to the failures of the staff and health care providers entrusted with their care. People who suffer harm due to nursing home abuse and negligence during COVID-19 should consult a personal injury attorney regarding their potential claims. Attorney Gregg M. Hollander takes pride in helping people injured by nursing home negligence seek any compensation that they may be owed. Attorney Hollander’s main office is in Boca Raton, and he has satellite offices in West Palm Beach and Fort Lauderdale, from which he represents injured people in lawsuits against nursing homes in Palm Beach and Broward Counties and elsewhere in South Florida. The Hollander Law Firm can be contacted via the online form or at 561-347-7770 to set up a consultation.