Author: Domnick Cunningham and Whalen

July 18, 2024

Legal Safeguards Against Financial Exploitation in Florida Nursing Homes

Financial exploitation in nursing homes is a serious and growing concern, particularly in Florida, where a significant portion of the population resides in long-term care facilities. This type of exploitation involves the unauthorized or improper use of an elderly person’s funds, property, or assets. It can manifest in various forms, …

July 17, 2024

What are Florida’s Regulations on Chemical Restraint in Nursing Homes

Chemical restraint involves the use of medications to control the behavior of nursing home residents, often without a legitimate medical reason. These medications, typically antipsychotics, sedatives, or other psychotropic drugs, can have serious side effects and potentially diminish a resident’s quality of life.  Addressing the issue of chemical restraint in …

July 16, 2024

What are Florida’s Elder Abuse Prevention Laws?

Elder abuse is a pressing issue affecting millions of seniors across the United States, with Florida being no exception. This abuse can take many forms, including physical, emotional, sexual, and financial abuse, as well as neglect and exploitation. According to the National Council on Aging, approximately one in ten Americans …

July 15, 2024

Florida’s Pre-suit Investigation Requirements for Medical Malpractice Claims

Medical malpractice is a significant concern in the healthcare industry, where the stakes are incredibly high for patients and healthcare providers alike. In Florida, the process of filing a medical malpractice claim is designed to ensure that only valid claims proceed to court, which helps to protect both patients and …

July 14, 2024

Legal Obligations of Florida Nursing Homes Under the Americans with Disabilities Act

The Americans with Disabilities Act (ADA) is a landmark civil rights law enacted in 1990 that aims to prevent discrimination against individuals with disabilities in all areas of public life. This comprehensive legislation ensures that people with disabilities have the same rights and opportunities as everyone else, which includes access …

July 13, 2024

Legal Actions Against Sexual Abuse in Florida Nursing Homes

Sexual abuse in nursing homes is a grave and underreported issue that affects some of the most vulnerable members of our society. Nursing home residents, particularly the elderly and disabled, often rely on caregivers for their daily needs, making them susceptible to exploitation and abuse. Sexual abuse in these settings …

July 12, 2024

The Legal Process for Appealing a Medical Malpractice Verdict in Florida

Medical malpractice occurs when a healthcare provider deviates from the standard of care, causing injury or harm to a patient. In Florida, the legal process for a medical malpractice case begins with filing a lawsuit against the medical professional or institution. The plaintiff, usually the patient or their representative, must …

July 11, 2024

Florida’s Policies on Reporting and Investigating Nursing Home Deaths

Florida is home to one of the largest populations of elderly residents in the United States, making the regulation of nursing homes a critical issue. The state’s legal framework for nursing homes is designed to ensure the safety, well-being, and dignity of residents. An integral part of this framework is …

July 10, 2024

Statutory Caps on Non-Economic Damages in Florida Medical Malpractice Cases

Medical malpractice cases often involve complex legal and medical issues. One crucial aspect of these cases is the compensation awarded to victims. Damages in medical malpractice cases can be broadly categorized into economic and non-economic damages. Economic damages cover quantifiable losses such as medical bills and lost wages. In contrast, …

July 9, 2024

Legal Responses to Neglect in Florida Assisted Living Facilities

Neglect in assisted living facilities is a critical issue that affects thousands of elderly individuals across Florida. Neglect can manifest in various forms, including inadequate medical care, poor hygiene, insufficient nutrition, and emotional neglect. This issue not only compromises the quality of life for the elderly but also poses serious …

July 8, 2024

Legal Requirements for Proving Duty of Care in Florida Medical Malpractice Cases

In the realm of medical malpractice, proving duty of care is a crucial element in establishing liability. In Florida, this requirement forms the cornerstone of any successful malpractice claim. The concept of duty of care pertains to the obligation of healthcare providers to adhere to a standard of reasonable care …

July 7, 2024

Florida Laws on Mandatory Reporting of Nursing Home Abuse

Many elderly individuals spend their golden years in one of the state’s numerous nursing homes. While these facilities often provide excellent care, instances of abuse and neglect can still occur. To protect vulnerable residents, Florida has implemented stringent laws mandating the reporting of nursing home abuse. This article by Domnick …

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