How do I know if I have a case against a facility?


While it may be easy to identify when a deficiency is present in a nursing home or a facility is in violation of one or more rules/regulations, it isn’t that simple to determine whether you have a viable case against a nursing home in Miami. But that is why there are nursing home abuse lawyers such as those at the Law Offices of Mario Trespalacios P.A. who can help you with this. You see, while you may be able to pinpoint where the issue lies, you are going to need a legal expert to analyze your evidence and decide whether you have a case worth pursuing.

Generally, when a nursing home has violated a residents’ rights or has provided substandard care, the facility and certain staff members can be held accountable for their negligence and behavior. Some examples of suitable cases that would likely make it into the courtroom include:


  1. The nursing home licensee has failed to ensure the facility has sufficient nursing staff on duty at all times which has led to one or more residents being neglected. Rule 59A-4.108 of the Minimum Standards for Nursing Homes  says that the nursing home licensee “must have sufficient nursing staff, on a 24-hour basis to provide nursing and related services to residents in order to maintain the highest practicable physical, mental, and psychosocial well-being of each resident, as determined by resident assessments and individual plans of care.”


  1. One or more staff members taunted, teased, or verbally abused a resident.


  1. A staff member physically or sexually abused a resident.


  1. A bedridden resident was not moved for several hours as needed to prevent the development of a bedsore. In turn, the resident suffered from a severe bedsore which put their health or life at risk.


  1. One or more of a nursing home residents’ rights were violated.


Do I need to hire a Miami, FL nursing home abuse lawyer if I suspect my loved one is being mistreated?


It would be in your best interest to do so. While you can bring your allegations to the attention of the nursing home administrator or the director of nursing, that doesn’t always mean your concerns are going to be addressed. Sometimes, when a family member accuses a facility of abuse and/or neglect, the person in charge assures them that their claims will be investigated but they never actually are.

Therefore, if you want to be sure your claims are addressed and a case is initiated given there is enough evidence to support them, you are going to want to contact the Law Offices of Mario Trespalacios P.A. This firm has a great deal of experience with handling personal injury cases, including those stemming from nursing home abuse and would be the best firm to take on the job of recognizing a facility for inflicting harm upon your loved one.


The Law Offices of Mario Trespalacios P.A. is located at:


9495 SW 72 Street, Suite B-275
Miami, FL 33173

Phone: 305-261-5800