One of the largest problems that nursing homes face is understaffing. The number of people in nursing homes is rapidly increasing as seniors need more care than their families can provide. While facilities try to increase the number of staff members available, there are several problems that prevent this from happening. Many nursing homes have limited resources for staff members, and there is a shortage of qualified nurses.
In some cases, facilities are able to hire more nursing staff. However, many do this by pulling resources away from other types of staff members, which will have a negative effect on the general care of seniors. According to the National Center for Biotechnology Information (NCBI), this leads to problems with housekeeping and maintenance since the staff members have their resources and funding cut to facilitate the hiring of more nursing staff.
Regardless of the reasons, understaffing can be a serious threat to nursing home patients’ health. Without enough staff, facilities cannot provide the level of service needed by their patients. Furthermore, some believe that this is leading to an increase in elder abuse in nursing homes.
If your loved one experiences problems due to understaffing in a nursing home, you may be able to take legal action on their behalf by seeking financial compensation for related expenses. It might be in your best interest to contact the office of a Miami understaffing lawyer for legal advice. You can contact Pintas & Mullins Law Firm at (800) 842-6366 to discuss your case with our team.
Risks of Understaffed Nursing Homes
Understaffed nursing homes present a particular risk for patients since they are less likely to get the care that they need. When the ratio of staff to patients is too far off, staff members do not have time to spend with every patient. Instead, they do the amount of work it would take two or three staff members to fulfill, giving them very little time with each person. This often leads to patients being left alone for long periods of time.
When patients are left alone, they are at a higher risk of injury. It typically also means that they are not getting the basic care that they need, such as hygiene assistance and basic care support. Some patients are unable to move around on their own, which means that being left alone leaves them vulnerable to bedsores.
Determining Liability
One of your lawsuit’s key points will be the facility’s liability and failure to provide the level of service and care that seniors need. Facilities that accept more patients than they are able to care for may be held liable for any problems that arise because seniors were not looked after or well-taken care of.
Filing a lawsuit against the facility creates a high chance of bringing in an insurance company that offers coverage to the medical facility. Many facilities have liability insurance to help deal with these types of lawsuits when they arise. The insurance company will most likely offer you a settlement which you are free to accept or deny. You can also renegotiate the settlement until it fits your needs, and both sides can come to an agreement. Otherwise, you can wait and take your case to trial.
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Statute of Limitations
If you are waiting to file legal action after you have time to think it through, it is fine to do so. However, you do have a limited window of time to take legal action. According to Florida Statutes §400.0236, you have two years to file any nursing home abuse cases under the statute. If you or your loved one discovered the injury later than it occurred, you have two years from the date of discovery to file. Because of the understaffing, the facility failed to provide the level of care necessary for your loved one. You have the right to take legal action to collect compensation for the expenses related to getting your loved one the help that they need.
Many lawyers are not involved in the process until far into the statute of limitations simply because family members take time to find out about the abuse and then take more time to get loved ones the help that they need. By the time this is all handled, it may be months or years after the injury occurred.
Do not miss out on your opportunity to take legal action by waiting too long to start the legal process. Contact the offices of a Miami understaffing lawyer today to begin.
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Possibly Recoverable Compensation
In your lawsuit, you may be able to collect compensation for any expenses related to your loved one’s recovery. The lawsuit consists of claims for compensation based on individual expenses. As long as your lawyer can draw a connection between the expense and the understaffing problems, you should be able to file a claim for it. This makes it much easier to determine the amount of compensation that you need to cover all of those expenses. However, many victims fail to identify all of their related expenses and do not get all of the compensation that they need. Do not miss your chance to resolve your financial issues with financial compensation because you failed to account for those expenses.
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Seeking Legal Action
If you have expenses due to the failings of a nursing care facility, you may be able to take legal action against that facility. Working with a lawyer, you can file a lawsuit so that you can collect compensation. Recovering from injuries and illnesses related to nursing home care can be expensive. Rather than suffering long-term financial problems, take action to protect your finances. Ask your legal representation about your options.
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Speak to a Lawyer About Your Case
A Miami understaffing lawyer can help you understand your legal options if you think your loved one suffered injuries because of nursing home understaffing. Even though you offered the help that you could, dealing with the financial aspect of this recovery can be difficult. You do not have to suffer through these expenses on your own. Call Pintas & Mullins Law Firm at (800) 842-6366 to take legal action to help your finances recover from the costs of helping your loved one.
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