Sepsis is a dangerous disease that can develop from your body’s inability to fight infections. When the infection is too great and overwhelms your immune system, your body itself could become toxic. This condition causes extensive damage to your organs and can result in death. The best way to improve your odds of surviving is to discover and treat sepsis at its early stages.
Unfortunately, your elderly loved one could suffer from sepsis if their Jacksonville nursing home has negligent staff and is in poor condition. But you can make the facility or caretaker pay for their actions with the help of Pintas & Mullins Law Firm. The team’s Jacksonville sepsis lawyer can guide you through the legal procedures involved in getting compensation and justice.
To discuss your concerns, call the office at (800) 842-6336.
Nursing Home Residents Have the Right to Proper Care
Nursing home facilities are required under the Electronic Code of Federal Regulations (eCFR) to maintain a minimum standard of care, especially if they want government programs such as Medicare to keep supporting them. But states can also impose additional rules. For example, Florida Statutes §400.022 lists the state’s nursing home resident rights.
Jacksonville nursing home residents are entitled to fair and respectful treatment from the staff. This involves providing access to healthcare services, maintaining clean and dignified living conditions, and ensuring that they practice proper hygiene. For an elder to develop a life-threatening condition like sepsis is a clear sign that something is amiss in the nursing home. The caretakers might not be looking after their charges carefully, as they should have noticed and alerted other personnel of signs of infection. The facility itself may also be in poor condition, contributing to the elder’s worsening health.
Report Abuses First
If you have suspicions or evidence of neglect in the nursing home, report it to the local authorities as soon as possible. Chapter 415 of the Adult Protective Services Act makes it mandatory for everyone to report the abuse or neglect of senior citizens. You can bring your report to agencies such as the Florida Department of Children and Families and the Department of Elder Affairs. They can conduct formal investigations and dole out disciplinary measures to the nursing home.
You Have the Right to Take Action
You may have plans to seek compensation after reporting the neglect to the government. Florida Statutes §400.023 lets you file a sepsis case against the negligent caregiver or nursing home on behalf of your elder loved one. However, the facility will not be strictly liable for your senior’s medical condition. Your evidence must show that they failed to do their duty and that the failure likely contributed to the resident developing sepsis.
Working with a Jacksonville sepsis lawyer could give you access to resources that could prove that the nursing home or staff’s negligence played a part in your loved one’s sepsis. For instance, they can get in touch with a medical expert who can assess the illness’s possible sources in the nursing home.
The attorney also studies the statutes relevant to your senior loved one’s circumstances. It saves you from studying the law yourself. The lawyer can check the requirements for filing your nursing home neglect case. They can also determine what laws the nursing home or caregiver may have violated.
Furthermore, a lawyer can also serve as your representative in court or during a private settlement. The nursing home will likely bring a legal team to defend themselves. The attorney can help you figure out how to refute the other side’s arguments.
You can consult with a team member at Pintas & Mullins Law Firm for help. The team will help you get started with your sepsis lawsuit and provide legal support until the court reaches a verdict.
For a free legal consultation with a Jacksonville Sepsis Lawyer serving Jacksonville, call (800) 794-0444
Following Your State’s Filing Deadline
While you have the right to sue, you can only do so within a certain amount of time due to Florida’s statute of limitations. Under Florida Statutes §429.296, you will get a standard two-year time allowance for filing your sepsis case. But there are circumstances that could move your deadline, known as tolling exceptions. For instance, if the caregiver prevented you from discovering your elder’s condition, your time limit could get extended to another two years. The statute clock may also stop running if the caregiver ran away from the state to escape the criminal charges for nursing home abuse.
If you have problems determining how much time you have left, a personal injury lawyer can be of assistance. They can check if there are tolling exceptions in your case.
Jacksonville Jacksonville Sepsis Lawyer Near Me (800) 794-0444
Damages in Your Jacksonville Sepsis Case
You and your elderly loved one will be entitled to economic and non-economic damages. Economic damages pay for the financial cost of the sepsis, such as hospitalizations and treatments. The liable parties may also pay the fees if your senior moved to a new nursing home. If your loved one has regrettably died from sepsis, your funeral and burial fees will be paid for. Meanwhile, non-economic damages compensate for your loved one’s pain and suffering.
A Jacksonville sepsis lawyer can check if you have all the evidence available to win the case and get your appropriate compensation. They can also help compile the documents of your expenses, such as medical bills, to compute your damages more accurately.
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Fight for Your Elder’s Rights
It can be painful to discover that a family member suffered at the hands of people who should have taken good care of them. But know that you can seek justice for them here in Jacksonville. If your loved one contracted sepsis due to nursing home neglect, an attorney could help you file an injury lawsuit against them. We can also provide legal representation and defend you in court to get the outcome you deserve. Our attorneys operate on a contingency basis, so we will not charge anything until you win.
Pintas & Mullins Law Firm has worked with clients in Florida and throughout the United States for over 30 years. We have handled various personal injury lawsuits, including nursing home abuse, dog bites, and medical malpractices. If you want to discuss your case concerns with our team, you can call (800) 842-6336.