The Difference Between Nursing Home Abuse and Medical Malpractice Cases
Miami Medical Malpractice Lawyer News: Nursing home abuse is one of the most upsetting and reprehensible crimes there is. The elderly place their health and safety in the hands of these organizations because they rely on them for the support they need to continue living full lives. They are reliant on these organizations to look after them, to provide them with the care and the support they need. And most importantly, to respect their dignity and their freedom.
That anyone would abuse this trust and take advantage of those who are unable to defend themselves – while charging huge amounts of money for the privilege – is shocking and terrible.
In order to find justice, you may want the help of a Miami personal injury lawyer. Your case begins by recognizing what is and isn’t a nursing home abuse case. It is important to understand what the law says on this highly emotive topic and how you can use the law in order to get the justice that you and your loved ones deserve.
Single Act of Negligence vs Pattern of Abuse and Neglect
The first thing you need to do if you or a loved one have been a victim of abuse or neglect is to speak with a personal injury lawyer in Miami. They will help you identify whether the case is an act of negligence or a pattern of abuse and neglect.
Medical malpractice cases typically involve a single act of negligence. This may be a surgical error, a misdiagnosis or similar act on behalf of the medical professional. However, nursing home abuse cases are more likely to be patterns of abuse, neglect, or sub-standard care. These cases will usually involve long-time neglect or abuse with symptoms that might include:
- A change in behavior
- Weight loss
- Cuts and scrapes
- Bone fractures
It’s also important to consider a number of other crucial distinctions and factors. For instance, who are the liable parties? Often these will be limited to just one or several defendants, such as the treating doctor or the hospital. In other cases, the lawsuit for nursing home neglect may encompass the nursing staff, management and more. A Miami personal injury lawyer can help you to ascertain who is liable.
Another consideration your personal injury lawyer will discuss with you is that there are different standards of care. In the event a lawsuit is filed, a court will examine whether the medical staff delivered the ‘standard of care’ that would be expected of any health care worker with similar training and experience. Florida law dictates the difference between what is considered neglect or abuse in the home. This is something that a Miami medical malpractice lawyer will be able to explain.
There are many factors to consider then when deciding how to proceed and whether you might have a case. This is why it is so important that you speak with a Miami medical malpractice lawyer to better understand the strengths and weakness of the case and to choose the best way to move forward.
If you suspect that you or a love one has been on the receiving end of nursing home abuse, or any form of negligence, then it is highly important that you seek legal representation. At Flagler Personal Injury Group, we have experience in dealing with these cases and we are passionate about helping you get the compensation and justice that you deserve and are entitled to. It is not only your right, but also a responsibility to ensure that the same fate does not befall future patients. To find out more and to get your free consultation, get in touch today.
We handle a variety of cases, so call us now if you have any questions.
View more contact information here: Miami Medical Malpractice Lawyer.