Assisted living facility use has become increasingly popular especially with the United States population aging at an exponential rate. As people get older, there are many things that they might not be able to do on their own. Their senses and physical strength are not the same as it was when they were younger. With that being said, the elderly face increasing exposure to negligent acts by living assisted facilities and the professionals who work there.
At Percy Martinez Law firm, the attorneys work diligently to combat negligence, malpractice, abuse, and crimes committed to the elderly that reside in an assisted living facility (ALF). The Miami personal injury lawyers at the firm are well-grounded and knowledgeable about medical professionals and medical institution laws and requirements. They assist those in all Miami-Dade County.
Making a Claim Against Assisted Living Facilities
A claim against an assisted living facility is usually made by a family member of the elderly person. When a family member suspects that some sort of abuse, medical malpractice, crime, and negligence is being performed to their family member, then action should be immediately taken. The longer a person lets it pass, the less likely a solid case can be established.
Assisted Living Abuse Attorneys Serving Miami
Our team of Miami assisted living facility defense attorneys knows how to provide effective representation in any type of ALF matter. We are familiar with all relevant local, state and federal laws and regulations that can impact these cases. We routinely protect facilities in cases related to:
Lawsuit for Different Types of Damages
An ALF lawsuit can be brought up for various reasons. These are the most typical reasons that a lawsuit is made against an assisted living facility or ALF professional:
Lawsuit in Negligent Falls
- Polypharmacy: This refers to when a patient received many different medications at the same time, which causes them to become unsteady due to the side effects of so many medications. This unsteadiness can sometimes lead to a patient falling.
- Misdiagnosing or not diagnosing at all: This occurs when a physician either does not recognize a condition or misdiagnoses their current condition. For example, a patient who suffers a stroke is more prone to fall off the bed if they are not attended to, or have safety rails surrounding their beds. A doctor who does not determine that the person has had a stroke can be held liable when the patient does fall as a result.
- Not assessing the patient as a high risk for falling: When a facility or professional does not take correct steps to prevent a person from falling when they express medical conditions like dehydration, dizziness, lightheartedness, and even arthritis.
lawsuit for Ulcers and bedsores
Ulcers and bedsores are common in nursing homes. A nursing home staff might not move a bedridden patient on a regular basis to prevent them from contracting bedsores or they might not provide the patient with adequate food to avoid any ulcers. A patient who is unable to move on their own must be moved by those in charge of their care to make sure that the body’s muscles do not deteriorate.
lawsuit for Elopement
Elopement is also referred to as wandering. This happens most in patients who have dementia or Alzheimer’s disease. Elopement is when a patient wanders off without notice and leaves the facility. This should not occur because an assisted living facility should have extra security on those patients who are prone to elopement. If a patient who performs elopement in an ALF might be able to hold the facility responsible.
lawsuit for Infections
An infection can arise from improper care in an assisted living facility. When the nurses do not recognize signs of infection like fever, the assisted living facility can be held liable. Also when a physician does not take action to prevent an infection.
lawsuit for Assault by Employees or other patients
When adequate security is not provided in an assisted living facility, a patient can suffer an assault by an employee or another patient. When effective criminal background checks are not done for potential employees in an ALF, crimes can occur within a facility. These factors can constitute a lawsuit.
Frequently Asked Questions about Assisted Living Facilities
How would I know if my loved one is being neglected?
If the patient is able to communicate and remember, their loved one needs to make sure to ask them the details of the incident. The loved one needs to ask the details of the negligence in an area where the patient does not feel threatened by being heard. If the patient is unable to communicate, the loved one can try to investigate the incident themselves.
What constitutes neglect and abuse?
Neglect and abuse can come in various forms like bed sores, elopement, infections, falls, and assaults, among others.
What is the length for a negligence case?
The length of a negligence case can range from 3 months to two years. It all depends on the complexity of the case. For example, the injuries sustained, if any witnesses were involved, and so on.
What is a lawsuit worth ?
The answer is this cannot be set. The amount a victim will receive depends on many factors. The worse the injuries and damages, the more a person is likely to be compensated.
Miami Assisted Living Facilities
Here is a list of some ALF’s located in Miami.
- Bay Oaks Home
- Residential Plaza At Blue Lagoon
- Coral Terrace ALF
- Our Family Assisted Living
- Magnet Assisted Living Facility
- Pointe North Gables
- Calvinelle Adult Home ALF
- My Bells ALF Corporation
- Little Havana Retirement Living
- La Purisima Inc
- Villa Serena
- Hazel Cypen Tower
- My New Oasis
- Unlimited Senior Solutions Elderly Care
- The Palace at Coral Gables
- Fair Haven Center
- Hebrew Home South Beach Plaza
- Eden Gardens
- Kendall Gardens ALF
- Caring Hands Assisted Living Facility
- Morningside Manor
- Caring Hearts Assisted Living
- Mariluca Inc
- Catholic Senior Care
- Buddy’s Place ALF
- Royal Living Retirement
- Hidden Ranches Assisted Living
- Senior Retirement Home Inc
There are many other assisted living facilities located in Miami.
Miami Assisted Living Facility Lawyers
Percy Martinez Law Firm has dealt with many assisted living facility abuse cases, especially since Miami has many elderly people who reside in these facilities. Unfortunately, when we go to a place to be treated or cared for, the quality of that care is sometimes not up to standards. The litigators at the firm work to investigate every detail of the case to build a solid case.
Related Elderly Abuse Services