Nursing home residents have the right to live without abuse and neglect. They have the right to an ethical and clean environment that they can survive and thrive in. Unfortunately, facilities do not always uphold their duty to protect these needs and rights. Whether it is understaffing, poor facility management, or any other reason, nursing homes perform dangerously below standards. If your loved one has died in a Miami nursing home, you may qualify for compensation.
Contact Pintas & Mullins Law Firm today at (800) 842-6336 for your free consultation. Let one of our Miami death lawyers help you bring the negligent party to justice. There is no value we can place on a loved one’s life, but we can help you get restitution for the pain and suffering caused by these incidents.
By raising awareness, you may also help prevent others from becoming a victim. Call today. We do not shy away from tough cases, and we do not take payment unless we win your case.
Common Causes of Death in Nursing Homes
Fatal injuries in nursing homes may be due to the physical challenges and deterioration of aging, or the caregiver’s abuse and neglect. Many nursing home deaths are due to the negligence of the facility.
Florida nursing home residents have the “right to receive adequate and appropriate health care … the right to be treated courteously, fairly, and with the fullest measure of dignity… [and] the right to be free from mental and physical abuse,” per Florida Statutes §400.022. Unfortunately, most nursing homes are not doing enough to uphold their residents’ rights, and these residents are paying the ultimate price.
Types of negligence that may cause death include:
- Psychological abuse – If a person suffers emotional or psychological abuse, it may cause them to hurt themselves or commit suicide.
- Not treating injuries promptly – This is typically the result of understaffing. If a resident is hurt — falls or chokes — and there is a delay in responding to these instances, it can lead to death.
- Medical malpractice – The use of medications to sedate an individual against their will happens. This is a type of chemical restraint and is illegal, often resulting in overdoses. Another issue is when a caregiver mixes up medications. This is not intentional but is extremely dangerous and may cause death. Some cases involve staff not properly trained to deal with certain types of diseases, which can result in improper care for a resident and ultimately lead to their death.
- COVID-19 – Although the country was not ready for a pandemic, the lack of proper measures taken by nursing homes across the country and state left our most vulnerable citizens at risk. If your loved one was one of the thousands killed by this disease in a nursing home, you might be eligible for compensation.
These are just a few examples. Death can happen for many reasons, and our Miami death lawyers are here to help you navigate through the process of getting the restitution you deserve.
How a Miami Death Lawyer Can Assist You
Contacting a Miami death lawyer in the event of your loved one’s death is a sensible measure to obtaining justice. Adding a legal battle to the ever-growing concern of the COVID-19 pandemic only adds ingredients to this recipe for distress.
Pintas & Mullins Law Firm is here to provide your family with knowledgeable and compassionate advisors. We understand how daunting it is to lose a loved one due to the negligence of those entrusted to care for them.
Trying to follow the complex wrongful death legal process alone doesn’t help. Let our dedicated Miami death lawyers advocate for you. We work on a contingency fee basis, so you do not need to pay unless we win your settlement.
For a free legal consultation with a Wrongful Death Lawyer serving Miami, call (800) 842-6336
Filing a Lawsuit for a Miami Nursing Home Death
Whether you are filing a wrongful death claim or a medical malpractice death claim, there are procedures to follow and evidence to collect. You only have two years from the death or discovery of death to file a claim.
You should also make sure to contact your Florida Ombudsman to start an investigation of the facility. They are trained liaisons who help families file claims and conduct investigations against facilities and their staff.
Types of evidence you should gather include:
- Nursing home staff records
- Room charts
- Witness testimony
- Medication records
- Medical records
- Care plan and nursing home contract
Florida law mandates that nursing homes sign a care plan and give residents a copy of their residents’ rights. If your loved one’s death resulted in the facility breaching this contract, you might be able to file a breach of contract lawsuit. Time limits for filing these cases are up to ten years. These situations are best discussed with an attorney familiar with the law.
Miami Wrongful Death Lawyer Near Me (800) 842-6336
Contact a Miami Death Lawyer Today
Nursing homes are under extra pressure due to the pandemic highlighting their failure to adequately protect our senior citizens. The rates of neglect and abuse are astronomical and unacceptable.
When you file a case against a facility, you may have to relive the moments that led to the death of your loved one. However, when you enlist the help of a Miami death lawyer, you will get the support and the backing of a compassionate team that understands the law. We can negotiate terms and investigate further as needed, leaving you with more time to grieve and heal emotionally.
Call Pintas & Mullins Law Firm today at (800) 842-6336 for a free consultation. There is no reason you should have to face the negligent parties alone.