To protect the elderly in their most vulnerable stage of life, state and federal regulations protect nursing home residents. Nursing homes are required to provide competent healthcare to all patients.
In most nursing homes, a qualified staff member will complete a med pass, in which the proper dispensing method of each patient’s medication is described in detail according to doctor’s orders. It typically takes 4-5 hours or more to fill and organize all medication and complete the required documentation.
If the nursing home fails to follow doctors orders or refer a patient to a doctor in a timely manner for health issues that arise, that is considered unreasonable conduct and can build the basis for a negligence claim.
A nursing home is liable when failing to fulfill its duties including:
- Following doctor’s orders regarding medical care and treatment.
- Administering medication and treatment in the proper manner.
- Administering the appropriate dosage of medication.
- Notifying the patient’s physician of a significant change in their medical condition (e.g. bruises sustained by a fall).
- Providing access to emergency medical care, including for diseases such as coronavirus/COVID-19.
- Unnecessarily sedating or excessively using of restraints.
Who Can Be Held Liable?
Both the negligent staff members and the nursing home may be held responsible in a liability case. If a nursing home resident is filing a negligence claim, they must prove the following:
- The nursing home had a duty to follow doctor’s orders or seek medical care.
- The nursing home failed to adhere to this duty.
- This failure resulted in injury of the patient or resident.
- This conduct caused damages for the patient or resident.
A claim for improper health care falls under medical neglect rather than abuse because the failure to act in a reasonable manner is not always intentional, but results from inaction or indifference.
If a doctor was present while a nurse was giving the patient improper health care, he or she may be held liable if the nurse’s incompetent or negligent behavior results in the patient’s injury, worsening of their medical condition, or even wrongful death.
To prove that a nursing home was negligent, all records regarding the patient’s medical history must be gathered and reviewed by an attorney. In most cases, the attorney will consult a medical professional as an expert witness in order to assess the situation and evaluate the nursing home’s degree of negligence.
Get Help With Nursing Home Negligence Claims
If you or your loved one has been a victim of improper health care or neglect at a nursing home, please seek legal advice from Florida nursing home neglect lawyer Lisa Levine today.
As a dedicated nursing home abuse lawyer in Broward County, Lisa Levine has spent the past 35 years devoted to assisting victims of elder abuse in her community. Her aggression in the courtroom, compassion for her clients, and dedication to holding nursing homes liable have made a dramatic difference in the lives of many victims of abuse and neglect over the years.
If a nursing home failed to provide proper health care and medical treatment for you or a loved one in Fort Lauderdale, Weston, Sunrise, Pembroke Pines, Hollywood, or Miramar, call Lisa S. Levine P.A. today at 954-256-1820 to schedule a free consultation with a dedicated personal injury lawyer.
