After a great deal of soul searching, countless arguments and heart wrenching discussions, you have decided to place your aging parent in a nursing home / assisted living facility. You and your family are taking the leap knowing that mom or dad will finally get the treatment they need because you don’t have all the time or caregiver skills to properly take care of them. These are seasoned professionals at every level…and they have been vetted and had background checks, so you assume everyone can breathe deeply knowing your senior is in the best hands…finally.
Unfortunately, not all of our seniors will be treated so lovingly and cared for so perfectly as we would like or expect. In Miami, nursing home abuse, long term care and assisted living facility abuse and COVID-19 issues are much more prevalent than we would like to hear.
As people get older, declining physical strength and health can make them susceptible to a variety of ailments brought on naturally. They can also be targeted by unscrupulous, irresponsible and just plain mean people ( supposed caregivers ) at long term care and nursing home facilities. According to the US census, 16.2% of Miami’s population is over age 65 and the issue of elder abuse here is disturbingly prevalent.
Elder abuse takes on many forms and can manifest itself in many ways. However, since the emergence of the Covid-19 pandemic, many nursing homes, long-term care facilities and assisted living centers have found themselves under the microscope. Some have been accused of improperly caring for residents stricken with the virus or allowing those ailing with COVID-19 to remain in such facilities and among the other residents. This is believed to have contributed to the disease’s spread among this population.
When senior abuse at these trusted facilities reaches the point where personal injury has occurred to your loved one, where can you turn?
A to Z Personal Injury Law, which serves the residents of Miami and surrounding South Florida regions, invites nursing home residents and their families, who might have contracted and became ill from COVID-19
or the family members of those who might have perished as a result to read the following brief blog highlighting the steps they can take and how an accident injury lawyer might be able to help them.
From allowing bedsores to fester to physically harming patients, from mental and emotional cruelty to sexual abuse, the personal injury suffered in care facilities takes many shapes. Overall, the statistics for abuse in Miami are frightening. Researchers have found that one in 10 seniors in these care facilities experience some form of physical, mental or emotional exploitation, less than 10 percent of all cases are reported and, in many instances, the perpetrators are individuals the victim knew personally, such as family members or other close relations.
As of late May, nearly 600 COVID-19 deaths have occurred with individuals residing in South Florida-operated nursing homes or long-term care facilities and local officials claim these numbers will continue to rise. As a matter of fact, the most deaths reported at any such facility statewide occurred in Miami. The fact that the Miami-Dade senior population is 423,353 according to the American Community Survey only adds tinder to the potential problem.
COVID-19 is still an evolving and growing disease. That said, there are certain characteristics that healthcare professionals cautioned the public about from the pandemic’s earliest days. Such concerns pertained to how this deadly virus was particularly dangerous for people over 65 and those with other underlying medical problems like diabetes, high blood pressure and cardiovascular disorders.
Despite these established facts, some facilities housing individuals meeting the preceding criteria failed to isolate ailing individuals or allowed those diagnosed with the disease to return to their residences knowing such subjects could pose a serious health risk to themselves and other residents.
Individuals injured because of a facility’s perceived neglect and Individuals falling ill because of a facility’s neglect, or the families of those who died after contracting COVID-19 might be entitled to compensation through a civil action known as a personal injury or wrongful death lawsuit.
The first step an individual or their surviving family members or representatives should take is to consult with an experienced nursing home injury attorney like our staff here at A to Z Injury Law. During the initial consultation, our team of legal professionals can review the facts of your case and determine the most appropriate steps.
If the attorney you hired feels a legitimate case can be made against a specific nursing or long-term care facility, the plaintiff, you, can file a lawsuit against that facility. Don’t worry, ‘we’re with you all the way’ through the steps in your lawsuit and you don’t pay a cent until you are awarded a victory in your case.
Personal injury or wrongful death cases related nursing care facilities and to the COVID-19 pandemic involving nursing homes are predicated on the following principles: that the establishment displayed irresponsibility or malfeasance, with the negligence contributing to the resident becoming ill or dying, the injury, illness or death was precipitated by the virus and the compensation sought is strictly related to damages brought forth by COVID-19.
Satisfactorily demonstrating these principles to an adjudicating body often necessitates the involvement of an experienced personal injury lawyer who has and can execute actions, like procuring the plaintiff’s medical records, investigating the history of the facility in question and interviewing pertinent witnesses like fellow residents and facility employees.
South Florida and Miami-Dade nursing home or long-term care facility residents who have been physically or emotionally injured due to the neglect of a caregiver and seniors who might have died as a result of poor treatment at a care facility during the COVID-19 pandemic are encouraged to call (305) 677-8325 or click here to contact us for a free consultation. We will be happy to review your case and help you obtain the justice and monetary compensation you so greatly deserve. Remember at A to Z Injury Law, “We’re With You…All the Way!.”
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