Miami Personal Injury Lawyer Blog
If you observe nursing home abuse in a Florida assisted living facility, one of the first things on your mind is notifying the proper authorities and getting officials to take appropriate action. Every US state has a procedure for reporting misconduct, and the Agency for Health Care Administration (AHCA) is tasked with processing complaints in Florida. You can call to speak to a representative and be prepared to provide all relevant details. Alternatively, you can file a form online and include a description of your concerns. The Complaint Administration Unit will conduct an investigation and determine how to proceed, possibly requesting additional information from you.
However, even the most outrageous forms of nursing home abuse may only lead to criminal penalties and/or fines paid to the government. You will need to pursue civil remedies to recover damages, so your main priority after filing an AHCA report is retaining a Miami nursing home abuse lawyer. There are also a few additional tasks to keep in mind.
Next Steps After Reporting Nursing Home Misconduct
Filing a complaint with AHCA does nothing to cover the horrific consequences for a resident, which may include serious injuries, financial losses, and emotional harm. To set the stage for taking legal action, the following tips are helpful:
- Secure Medical Care: Not all assisted living facilities provide treatment for injuries, so make sure to head to the ER or an urgent care center for medical attention.
- Notify Nursing Home Administration: You should alert staff about an incident or your concerns, but be brief in your statements. Saying too much could have an adverse impact on your rights.
- Request Medical Records: Residents have the right to view their chart and medical documentation, as does anyone holding a valid Designation of Health Care Surrogate. Ask to see all medical records and take notes on relevant information.
- Document Everything: In addition to medical records notes, write down everything you know about incidents of nursing home abuse. Your documentation may be useful when filing a claim.
Damages for Nursing Home Abuse Cases
These situations are covered by Florida personal injury laws, so it is possible to recover for both economic and non-economic damages. You or your loved one may seek amounts for medical care, pain and suffering, emotional distress, and many other losses.
Plus, nursing home abuse involves intentional or reckless misconduct, as opposed to mere negligence. You may be entitled to punitive damages in some cases, which punish the facility for extreme mistreatment and its willful disregard for the resident’s safety. The bar is relatively high for punitive damages, but you can recover them in certain cases if you have sufficient proof.
Our Miami Nursing Home Abuse Attorneys Will Help Pursue Civil Remedies
If you or a loved one was affected by misconduct at a Florida assisted living facility, please contact Gerson & Schwartz, PA, to learn more about your options. You can call (305) 371-6000 or visit us online to schedule a free consultation at our offices in Miami, Fort Lauderdale, or West Palm Beach, FL.
