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What Are Some Frequently Asked Questions About Nursing Home Injuries?

Any victim of an injury during their stay at a nursing home might have many questions. Some of the most common questions will be listed below, but any additional questions can be asked to a Miami nursing home injury lawyer. Remember, they provide a free consultation where all concerns can be addressed.

Question: Can a resident of a nursing home sue them if they were improperly cared for even though they did not have a contract with them?

Answer: Even with the absence of a contract, the resident of the nursing home is able to recover for damages endured because of improper care. There are several legal theories where this can take place some of those include when the premise is not well maintained, when the nursing staff provided improper supervision or care, when the nursing home hired incompetent staff, and even for battery and assault if they were abused.

Question: What are the rights that a resident has?

Answer: Every resident is to be free from any mental abuse, physical abuse, verbal abuse, sexual abuse, financial abuse, and restraints that are placed for any other reason than for a medical condition. A restraint is only allowed to be placed if the physician has required it and to ensure the safety of other residents and the resident with the restraints. Nursing homes can be governed either by the state or by a federal statute. If the nursing home is not regulated by federal statute

Question: How come abuse and neglect happen a lot in nursing homes?

Answer: With the increase of the elderly population, nursing homes will start to be overcrowded. The elderly population is expected to increase within the next few years. Some causes for neglect and abuse include a lack of staff members, untrained staff members, unqualified staff members, staff members with a criminal history, and the fact that abuse and neglect do not go reported by the residents. In fact, a number of cases that do not go reported as much as 70%

Question: What is the definition of financial abuse in regards to a nursing home?

Answer: Financial abuse happens when the resident’s funds and asset are being taken away by the nursing home or staff members. This abuse can be done through manipulation, threats, forgery, and deception.

Question: Can a visitor sue a nursing home if they are injured?

Answer: The simple answer to this is yes. A visitor can sue the nursing home under a premises liability law. They must show how the nursing home had unsafe conditions that led to their injury.

Have More Questions? Contact a Miami Abuse Lawyer

Further questions can be addressed at Percy Martinez Law Firm in Miami. They will answer every question with honesty and take action in addressing the case. Everything will be examined and worked on with precision.

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About the Author

NY Criminal & DWI Defense attorneys at Grizopoulos & Poryz provide dedicated and compassionate legal representation for all types of criminal cases throughout New York.