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Last month, she announced the indictment of a former Licensed Practical Nurse at the facility for sexually abusing a resident, and of a former Director of Nursing and the facility itself for failing to report the alleged abuse. The former LPN was reported to have sexually abused a resident at the facility in the fall of 2020, and the former DON was charged with multiple counts of falsifying business records for covering up and failing to report sexual abuse. Fulton Commons was also indicted based on actions made on the facility’s behalf. The charges filed in that proceeding are merely accusations, and the defendants are presumed innocent unless and until proven guilty in a court of law. When faced with nursing home abuse allegations, the nursing home is certain to be represented by an attorney to protect its interests. Nursing home laws and regulations are complicated and vary from state to state, so it is advisable to obtain legal counsel from a lawyer in Miami experienced in nursing home abuse cases to protect your loved one’s rights.
In January 2020, her remaining foot developed an infection which progressed until her entire foot turned black from necrosis. On the day she died in November 2020, her healthcare proxy arrived at Fulton Commons and attempted to see her but was told her condition was not severe enough to merit an in-person visit. If you believe a nursing home resident is in immediate danger, call 911 to get emergency medical personnel on the scene as quickly as possible.
Seek Legal Representation From A Nursing Home Abuse Attorney Today
Before proceeding with litigation, a review of medical records is critical. All available family members, friends and witnesses should be interviewed to determine if there is any additional information regarding the elder’s treatment or documents which will assist in evaluation. This should include inquiries regarding complaints and/or third party investigations by governmental authorities.
It is important to note that there is a statute of limitations for opening a nursing home abuse claim. This varies by state, of course, but generally, the period is 2 years. If you do not make a claim during this timeframe, then your loved one may not be able to receive compensation for damages. It’s unfortunate that loved ones can be so vulnerable to abuse and neglect when they enter nursing homes. They are more susceptible to physical, sexual, emotional, and even financial abuse if the facilities haven’t done their due diligence and hired the right people to be caregivers.
Find a Nursing Home Abuse Attorney near Miami
He believes in aggressively attacking all aspects of the opposing side’s case to obtain the most favorable outcome for his clients. As part of this aggressive representation, Mr. Raheb makes sure each of his clients’ cases is handled personally and that they have access to his skills and counsel anytime of the day or night. When a caregiver fails to give proper care, supervision or treatment to a senior resident, that person may have a claim for nursing home abuse.
Unfortunately, this number only reflects the cases that are reported—the actual number is likely much higher than that. To make things more difficult, these cases are extremely hard to detect. Neglect is a much more complex concept to explain in a court of law, even though it is the most common form of abuse among nursing home patients. Prosper was very knowledgeable, professional and patience throughout the entire process. Dean H. Freeman is the managing partner of Freeman Injury Law and is proud to represent injured clients in the Miami, Plantation, West Palm Beach, and Orlando area. Mr. Freeman's long and successful career in injury law all began when he joined the U.S.
Florida Regulations for Nursing Homes
The staff member may steal money or coerce the patient into signing documents or changing his or her will. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Determine the seriousness of complaints/issues which could range from late bar fees to more serious issues requiring disciplinary action.
In 2010, I entered the Corporate MBA program at Florida International University and graduated in the fall of 2011. I received my Juris Doctor Degree from Florida International University College of Law... Justin B. Shapiro is a partner at Leesfield Scolaro, a renowned personal injury law firm located in Miami, Florida. Upon graduating Magna Cum Laude from the University of Miami School of Law, Mr. Shapiro joined the firm and immediately focused his practice on catastrophic injury cases and wrongful death cases. Upon being named Partner, Justin Shapiro obtained a record verdict of $36,960,000.00 in a wrongful death.
The Tinstman Law Firm, P.A.
He graduated magna cum laude from Williams College and cum laude from the University of Miami School of Law, where he served as Articles and Comments Editor of the Law Review. He is a member of the Academy of Florida Trial Lawyers and of its Appellate Practice Section. He has also served on the Amicus Committee of the Academy of Florida Trial Lawyers, in which capacity he has prepared and submitted amicus briefs on behalf of that organization. Should you decide to take legal action against the nursing home or its staff for harming your loved one, that simply adds another task to your list.
It doesn’t help the fact that insurance company adjusters will always be at odds with you when it comes to receiving the compensation that your loved one deserves. It is important to hire an experienced nursing home abuse attorney especially in cases where there is potential for recovery of punitive damages. Punitive damages are difficult to prove, and a skilled attorney can give an honest assessment and develop a plan of action that puts a victim in the best possible position to recover damages. The LII Lawyer Directory contains lawyers who have claimed their profiles and are actively seeking clients. Over the years, I saw my father Robert Rubenstein help victims of negligence win compensation for their losses. I have long admired how Rubenstein Law holds defendants accountable, encouraging them to drive more safely or keep their premises hazard-free.
If you suspect abuse is occurring, you should report it as soon as possible. Nursing home residents have patient rights and certain protections under the law. Pursuant to 42 U.S.C.A. 1396r, the nursing home must list and give all new residents a copy of these rights. Broken bones– Although it may be normal for older residents to be more fragile as they age, broken bones can be a sign of trauma from staff negligence.
We’ve got you covered, whether you are seeking an accident attorney following a car crash, medical malpractice attorney after losing a loved one during surgery, or a tax attorney to fight back against the IRS. The talented Nursing home abuse lawyers in this law firm have good communication and writing skills. Their listening ability urges them to know the whole incident verbally. After reviewing your case, they inform you about the legal process thoroughly. I would recommend The Ward Law Group attorneys if you are in a car accident. They are lawyers who fight your case to the end and always on your behalf.
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