Fort Myers Nursing Home Abuse Attorney Randall L. Spivey Recently Won a Judgment Against a Lee County Nursing HomeSeptember 3, 2020 | Category: Nursing Home Neglect/Abuse | Share
Fort Myers Nursing Home Abuse Attorney Randall L. Spivey recently won a judgment against a Lee County nursing home for the wrongful death of a loving father in the care of the nursing home. The children of the decedent entrusted the care of their father, who suffered from Alzheimer’s and was a high fall risk, to the nursing home.
The father was left unsupervised, and he fell and suffered fractures to his pelvis. He began an immediate decline and unfortunately, succumbed to his injuries weeks later. The nursing home did not even promptly notify the family members of the fall and the family was left in the dark regarding the true circumstances of the fall and the response to the fall. The nursing home denied liability and wrongdoing in the case. It vigorously disputed that it was negligent and that the fall was a legal cause of the father’s death.
Spivey Law Firm Personal Injury Attorneys, P.A. filed a lawsuit and successfully litigated the case for the estate and survivors. Spivey Law Firm, Personal Injury Attorneys, P.A. built the case through discovery and depositions and hired expert witnesses to show that the nursing home deviated from the standard of care and that its negligence was a legal cause of death. Spivey Law Firm, Personal Injury Attorneys, P.A. worked closely with its clients to present evidence of the family’s significant damages, including mental pain and suffering, as a result of their father’s untimely passing. Ultimately, as a result of Spivey Law Firm Personal Injury Attorneys, P.A.’s presentation of the case, an arbitrator agreed and rendered an award in the family’s favor, and a final judgment was entered on their behalf to compensate the estate and the survivors for the loss of their father.
Nursing home and assisted living facilities can, and should, take numerous actions to prevent falls. The high risk of death to elderly patients and residents are well known in the nursing home and assisted living facility industry. To reduce this risk, facilities need to engage in regular supervision, regularly seeing if the patients with Alzheimer’s or other incontinent patients need to use the restroom, implement bed alarms, and utilize floor alarm mats and bed rails. The facility also must engage in proper documentation in the patient’s chart about the patient’s needs. Proper charting ensures the resident’s needs are met and critical information is communicated to the entire care team to reduce the risk of, and prevent, falls and other devastating injuries to vulnerable residents.
Nursing home and assisted living facility negligence cases in Florida are subject to pre-suit requirements that require a claimant provide notice and certain detailed information to the nursing home or assisted living facility before any lawsuit can be filed pursuant to Florida Statutes. A plaintiff needs to establish that the nursing home deviated from the standard of care, that negligence was a proximate cause of the injury or death, and that the claimant suffered damages in order to prevail. Proving a deviation of the standard of care requires careful investigation through the pre-suit and litigation discovery process. It is important to hire a Fort Myers nursing home abuse lawyer who is experienced in Florida nursing home and assisted facility law. When a tragic death occurs as a result of a facility’s negligence, the decedent’s estate and survivors may be entitled to compensation for economic losses as well as non-economic losses, like mental pain and suffering, under Florida’s wrongful death law. It is important to hire a Fort Myers wrongful death attorney who is familiar with the details and requirements of Florida law regarding wrongful death. Fort Myers Nursing Home Abuse Attorney Randall Spivey has extensive experience litigating personal injury and wrongful death nursing home and assisted living facility cases.
Should you or a loved one be injured because of the negligence of a nursing home or assisted living facility, please contact Spivey Law Firm, Personal Injury Attorneys, P.A. We are available to assist you 24/7, and there are no costs or attorney fees until we receive a monetary recovery for you.
Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one percent (1%) of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll-free at 1.888.477.4839 or by email to Randall@SpiveyLaw.com Visit Spivey Law.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.