Boca Raton, FL – There are a number of problems that someone may notice while they are staying in a nursing home, and their concerns should be taken seriously. This can include staff members who are not properly trained or working excessively, obstacles in areas that are likely to cause patients with mobility issues to fall, or problems with proper sanitation and hygiene that affect residents who have been neglected. People who are elderly and vulnerable also need to be monitored for special health concerns that are associated with aging and any underlying conditions that may already be present. Failure to address these concerns may result in a lawsuit, but the victim will have to show some kind of specific and actual injury.
Violations of health codes and regulations
Nursing homes are monitored and inspected by various state agencies for compliance with rules that are meant to keep the home clean and safe, while minimizing the possibility of injuries, illness, or security issues. Homes that violate these rules may be cited, placed on a provisional list where funding can be lost if issues are not corrected, or eventually even lose their ability to operate entirely.
Patients and their families can check on the internet to see if a facility has had any of these problems, or has recently been given probationary status due to violations that need to be corrected. It is usually beneficial for anyone considering staying at a home to do some basic research and visit the facility before committing to their services and possibly discovering problems later.
Can a lawsuit be filed just because a nursing home is in poor condition?
Anyone staying in a nursing home will not necessarily have the ability to bring a case just because they notice various problems in the facility. The law has always attempted to limit liability to situations where the defendant is clearly responsible for some kind of tangible loss, also known as damages.
There are general legal principles that prevent someone from filing a lawsuit until they have actually suffered an injury at the home. This is usually referred to as standing. If someone feels that they are staying in a nursing home that is unsafe, they should look to transfer to a different facility or find other ways to leave before an injury happens. Civil lawsuits are reserved for those who have already suffered an actual harm rather than someone who is anticipating the possibility of an injury.
Exploring the possibility of a civil case against a nursing home
Lawyers who dedicate their practice to nursing home issues and related problems are available in the Boca Raton area. Anyone who needs assistance with possibly filing a lawsuit against a facility can contact Rosenberg Injury Law.
Firm contact info:
5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487