When families in Florida choose a nursing home for their loved ones, they expect nothing less than exceptional care, especially given the high costs involved. A private room in a nursing home can cost nearly $100,000 per year, a price that should mean round-the-clock attention and care.
Unfortunately, the reality in many of these facilities is far from these expectations. Issues like understaffing or unqualified staff can lead to situations where residents suffer from neglect and poor care. At Dolan Dobrinsky Rosenblum Bluestein, we have seen the tragic outcomes of such situations firsthand and the decision to file a lawsuit is deeply personal. However, it also is a powerful means to hold responsible parties accountable. Know that in Florida, there are avenues for seeking justice. As wrongful death attorneys, we have successfully represented many families who have lost loved ones due to negligence in nursing homes.
Key Causes of Wrongful Death in Nursing Homes in Miami, Florida
Inadequate Infection Control in Assisted Living Facilities
One of the most serious issues in nursing homes is infection control. For instance, sepsis, a body’s response to infection, is a significant concern. It often arises from bedsores, which develop if residents are left in one position for too long without being moved. These sores can become infected, leading to severe complications. The problem is widespread – approximately 25,000 nursing home residents suffer from sepsis each year.
Families of victims have the right to pursue legal action if their loved ones suffer from infections like sepsis due to negligence. With the assistance of an experienced wrongful death lawyer, they can seek compensation for damages resulting from inadequate care.
Chronic Health Condition Mismanagement
Another major issue in nursing homes in Miami is the mismanagement of chronic health conditions such as diabetes and heart disease. Proper and regular management of these conditions is critical. However, in some nursing homes, they fail to provide adequate attention and care to these chronic conditions, leading to a decline in the residents’ health and, in some cases, resulting in death. In cases where mismanagement of chronic health conditions leads to death, families can file a lawsuit with the help of a wrongful death attorney.
Medication Errors in Nursing Homes
Many people do not realize just how commonly medication errors are made in nursing homes. According to the National Institute of Health, about 92% of nursing homes report medication errors. These errors can be devastating, especially for elderly residents. They include:
- administering incorrect dosages
- giving medication to the wrong patient
- providing the wrong medication altogether.
As the population ages and more people move into these facilities, the risk of such errors and the subsequent harm they can cause only increases.
If a medication error in a nursing home leads to injury or death, families have the right to hold the facility accountable. They can claim compensation for medical expenses, pain and suffering, and, in cases of death, additional damages for the loss caused by the facility’s negligence.
Legal Advice for Families Considering Wrongful Death Claims in Miami, Florida
It’s important to understand that not every death in a nursing home is a case for a wrongful death claim. These lawsuits are based on negligence, which means proving that the nursing home failed to provide the necessary standard of care. Furthermore, only certain family members can file these claims:
- Spouses
- Children
- Parents
- Blood relative
In Miami and throughout Florida, the law allows for the recovery of damages for various losses. This can include compensation for loss of services, support, companionship, and potential future income. Additionally, the estate of the deceased can also receive compensation, such as for funeral and burial expenses.
File a Wrongful Death Claim in Florida: We Can Help
Florida’s statute of limitations allows families two years from the date of death to file a wrongful death claim. It’s crucial to act within this timeframe because any delay could lead to the case being dismissed, leaving the family without any form of financial compensation. If you believe your loved one was a victim of wrongful death in a nursing home, it’s important to seek legal assistance promptly.
At Dolan Dobrinsky Rosenblum Bluestein, LLP, our wrongful death lawyers have handled numerous lawsuits successfully. We understand the difficulty of these cases and know how to address the legal system to seek justice for your family. If you need legal guidance don’t hesitate to reach out to us. Call us at 305-371-2692 to schedule a free consultation.