Nursing Home Neglect and Bedsore Lawsuits

When your loved one enters assisted living or a nursing home, you rely on the facility to provide exceptional care for your loved one. Your family member may have complicated medical needs, or they may just need a place where they can stay safe. Unfortunately, if your loved one suffers from bedsores, you might need to learn all you can about bedsores and how to work with a Miami nursing home injury attorney to assert the rights of your loved one.

Bedsores are a common problem in Miami nursing homes and throughout Florida. They’re also called pressure sores. Bedsores, or pressure sores, occur when individuals sit in the same position for too long without movement. Bedsores can be a significant source of pain, and they can lead to infections and even death. When you rely on an assisted care facility to help your loved one, you might suddenly face the challenge of how to assert your loved one’s rights and how to protect their safety and well-being.

Nursing home negligence vs. medical malpractice

When your loved one suffers from bedsores or nursing home abuse, seeking justice begins with taking appropriate legal action. Some nursing home cases may center on negligence, while others may involve medical malpractice. 

You may be unsure about the distinction between negligence and medical malpractice if you don’t have a legal background, mainly because medical malpractice can involve negligence. 

Negligence 

Negligence laws apply to everyone, regardless of occupation. Societies function because everyone is expected to act in a reasonable manner. What’s reasonable is determined by considering what most people would do under specific circumstances. People who fail to act the way most people would can be considered guilty of negligence. Negligence applies if their actions or inactions cause harm to another person. 

Proving negligence 

Successful negligence lawsuits require plaintiffs to establish the defendant’s legal duty of care, their failure to uphold that duty, and that their failure resulted in harm.

Duty of care refers to societal expectations. For example, expecting everyone to obey the speed limit is reasonable. When drivers don’t obey the speed limit and cause an accident, they fail to uphold the duty of care that expects them to obey public laws. If this failure causes harm to another person, they may be guilty of negligence. Duty of care is a critical component in personal injury lawsuits.

Negligence lawsuits must also establish that a person was harmed because of the breach of duty of care and show causation. Causation means proving the breach contributed to or caused their harm.

Consequently, proving negligence in a nursing home neglect and bedsore lawsuit involves establishing the following:

• You had a reasonable expectation about the standard of behavior you expected from nursing home facility staff
• One or more nursing home staff should have upheld that reasonable standard of behavior, but they failed to do so
• Failing to act in a reasonable manner caused your loved one harm, and absent the nursing home staff’s conduct, your loved one would not have suffered that harm

Medical malpractice

Medical malpractice can involve negligence by healthcare professionals. However, medical malpractice cases also occur when healthcare professionals make mistakes. 

Medical malpractice lawsuits apply to physicians and many other medical professionals. Plaintiffs may have grounds to file a medical malpractice suit against any healthcare professional who fails to meet their profession’s expected standard of care. Florida law also allows plaintiffs to pursue medical malpractice suits against medical facilities, such as hospitals.

Proving medical malpractice 

Whether you’re filing a medical malpractice suit in Miami or another South Florida location, the legal requirements for successful medical malpractice suits remain the same. Winning your suit involves establishing the following:

• You’re filing on behalf of a patient who had a professional relationship with the healthcare professional or facility and, therefore, had grounds to expect the healthcare professional or facility to provide them with professional care
• The healthcare professional or facility did not meet the professional standards of care that should have been provided
• The healthcare professional or facility did not deliver or uphold professional standards of care, and this failure caused the victim harm
• The victim suffered physically, emotionally, or financially because of the harm caused by this failure

Time limits to file a nursing home bedsore lawsuit

Our Miami nursing home abuse and neglect lawyers know that when your loved one suffers from bedsores while in nursing home care, you need answers now. You need to take action quickly to protect your loved one’s rights. When your loved one is hurt by bedsores, you have only two years to bring a claim for recovery under Florida’s medical malpractice laws.

When a case involves bedsores, the two-year time limit can be tricky. The very nature of bedsores is that they develop over time. You may not notice the bedsores right away. The care facility may even take action to try and cover up your loved one’s injuries.

Some situations can extend the statute of limitations. Our team can help you work quickly to gather the evidence that you need and assert your claim aggressively under Florida law. We can help you gather the medical evidence that you need to prove that your loved one is hurt because of negligence in a nursing home or assisted living facility.

What is Florida’s law about nursing home bedsores or pressure sores?

Florida has two avenues for a victim of bedsores to receive financial compensation for their injuries and suffering. Your grounds for compensation based on nursing home neglect can be a lawsuit based on common-law negligence and a lawsuit based on a violation of Florida’s Nursing Home Bill of Rights. No amount of financial compensation can ever undo the harm, but financial compensation can mean justice for your loved one and accountability for the care facility that’s responsible.

When your loved one is hurt because of bedsores, they may qualify to receive compensation based on negligence and medical malpractice laws. Florida’s medical malpractice laws require the nursing home to use ordinary, reasonable care based on accepted medical norms in Miami or your area. If neglect leads to injuries, your loved one may deserve compensation for their pain and suffering, increased medical bills, and other damages.

Florida also creates grounds for a lawsuit based on the Nursing Home Bill of Rights. Florida law 400.022 lists the rights that every person has under skilled care in Florida. All residents have the right to move freely in the facility as much as they’re able to with reasonable opportunities for exercise. Florida law 400.023 allows for civil enforcement of violations of the Nursing Home Bill of Rights.

Cases interpreting Florida’s nursing home resident rights

There are a few cases from the Florida Supreme Court that interpret Florida’s nursing home resident rights when it comes to victims who suffer from bedsores or pressure sores while in care. The cases focus on how courts should interpret the Nursing Home Bill of Rights. Because this is a law passed by the Florida legislature instead of a law that developed in common law through the courts, the courts look at the intent of the legislature when they interpret the Bill of Rights. They try to determine what the legislature said and what they would have wanted when they passed the law.

One case that interprets the Nursing Home Bill of Rights in Florida is Knowles v Beverly Enterprises Florida Inc. from the Supreme Court of Florida. The Supreme Court decided the case in 2004. In Knowles, an elderly man went to live in a rehabilitation center after a hip replacement. The man developed bedsores from neglect and improper treatment. He moved to a hospital, but it was too late, and the man died.

The question the Florida Supreme Court answered in Knowles is whether a representative has the legal standing to bring a claim on behalf of a loved one. The Florida Supreme Court said yes. If your loved one is hurt by bedsores in nursing home care, you as the loved one’s guardian or personal representative have the standing to bring a legal claim to seek compensation under Florida’s Nursing Home Bill of Rights.

Another Florida case that interprets the Florida Nursing Home Bill of Rights is Florida Convalescent Centers v. Somberg. In 2003, the Florida Supreme Court decided on the Somberg case. The case surrounds a nursing home patient who suffered from bedsores. The bedsores caused an infection that went untreated. Eventually, the victim died. The victim’s representatives sought compensation.

The nursing home tried to defend the case on the grounds that Florida’s wrongful death laws applied to the case. They tried to say that the victim’s family could only recover compensation up to the limits of Florida’s wrongful death laws. The Florida Supreme Court rejected the arguments. They said that if the Florida legislature wanted victims to be limited to compensation authorized under Florida’s wrongful death laws, the Nursing Home Bill of Rights could have referenced and incorporated the law. Instead, the Florida Supreme Court ruled that Florida bedsore victims have full rights to compensation as authorized by Florida’s Bill of Rights.

Related: Wrongful Death Resource Links

Contact our nursing home injury attorneys in Miami

If your loved one developed bedsores or pressure sores living in a nursing home, contact our legal team of nursing home injury professionals at Bernstein & Maryanoff Injury Attorneys. We offer competent, aggressive, and compassionate representation for victims of bedsores in Miami. Let’s work together to help your loved ones fight for their rights and get justice under Florida law.

FAQs

What is the statute of limitations to file a nursing home negligence lawsuit?

The statute of limitations determines how much time plaintiffs have to initiate specific types of lawsuits. Florida laws limit plaintiffs to two years when filing nursing home negligence suits. In some cases, there may be legal grounds to extend the statute. Still, legal standards must be met to successfully file suit more than two years from the date of the abuse or neglect. 

Your nursing home injury attorney can establish if you have grounds to pursue a claim if more than two years have passed from the date of abuse or neglect.

What causes bedsores? 

Nursing home patients are at risk of suffering bedsores or pressure sores if they’re immobile. Skin tissue needs a steady blood supply to survive; lack of movement for extended periods can prevent a patient’s body from receiving this. When this happens, the patient can develop bedsores.

How can bedsores be prevented? 

There are several steps nursing home staff should take to prevent bedsores. These include the following:

• Provide good skin care: Using good moisturizers helps prevent bedsores. Nursing home staff should also avoid massaging skin on bony areas to avoid putting extra pressure on that skin.
• Ensure patients eat nutritious foods: Maintaining a healthy body weight makes it easier for patients to move or be moved and reduces pressure on their skin
• Ensure patients are correctly positioned: Good positioning ensures a patient’s blood flows to all of their skin, which can prevent pressure sores
• Turn patients regularly: Turning patients prevents their position from cutting off blood flow to parts of their skin
• Help patients change positions frequently: Changing positions stimulates blood flow and ensures blood can flow freely throughout the patient’s body

How do I report nursing home abuse in Florida? 

Florida’s Agency for Health Care Administration (AHCA) is a state agency that investigates complaints against licensed nursing homes throughout the state. 

Licensed facilities are required to provide a professional standard of care. Staff must pass background checks, and facilities must meet the licensing requirements to receive and maintain their license. 

AHCA’s Complaint Administration Unit processes complaints about licensed facilities. You can reach the Complaint Administrative Unit by phone or through their online complaint form to report nursing home abuse.

How can I find out about nursing homes and care facilities that are or have been under investigation?

AHCA’s website allows you to search for public records against hospitals, health care facilities, and long-term care facilities. You can complete a search through their online portal. 

Who can file nursing home neglect and bedsore lawsuits in Florida? 

Nursing home neglect victims can take legal action. However, some nursing home patients have dementia and other health issues that may impede their ability to take legal action, so Florida also allows the victim’s family members to file suits against facilities and nursing home staff. 

Could premises liability apply to my case? 

Premises liability injuries are a specific type of personal injury caused by unsafe conditions on a property. Premises liability claims could apply to your case if you or your family member suffered an injury because of facility conditions that aren’t related to the facility or staff’s standard of care.

Suppose a nursing home rents a building. Under the terms of their rental contract, the building’s owner is responsible for plumbing, electrical, and structural repairs and building maintenance. The facility reports that pipes leak, causing safety concerns because of wet floors and mold growth.

Now, suppose the building’s owner dismisses the concerns and fails to take steps to fix the plumbing. A nursing home resident slips on a wet floor and develops bed sores from being immobile due to their injuries. The victim or their family members may have grounds to file a premises liability suit against the building owner because they failed to address unsafe conditions that caused harm.

Why is it crucial to address nursing home neglect and abuse cases?

The U.S. population is aging, and as the number of people 65 and older increases, the number of abuse and neglect cases also rises. Nursing home neglect and abuse can lead to a patient’s death. Facilities that get away with abuse and neglect may cause victims severe harm. It is crucial to maintain safe facilities where older persons receive the care they need and deserve. 

Sources:

Agency for Health Care Administration Public Records Search. (2023). 

Background Screening. (2023). 

Brazier, Y. (2023). What is medical malpractice?

Complaint Administrative Unit. (2023). 

FLA. STAT. § 400.022.

FLA. STAT. § 400.023.

Licensed Health Care Facility Complaints. (2023). 

Negligence. (2023). 

Searing, L. (2023). More than 1 in 6 Americans now 65 or older as U.S. continues graying.