Articles Posted in Elder abuse

Nursing home residents suffer from a variety of age-related ailments and medical conditions, and individuals tend to lose strength and muscle mass as they grow older. These factors and more contribute to the risk of falls in assisted living facilities, which is higher than you might expect. In fact, the US Centers for Disease Control and Prevention (CDC) reports that falls are the top cause of both fatal and nonfatal injuries for Americans 65 years and older. More than 14 million people in this age group report falling every year. 

Unfortunately, residents of nursing homes account for 1 in 5 of all fatalities from falls in the 65+ age group. These incidents typically happen because the facility did not take proper precautions to safeguard residents, so it is possible to seek remedies for nursing home abuse and neglect in Miami. Some information about falls and evidence of negligence will help you understand your options.

Defining Nursing Home Neglect

Nursing homes have a legal duty to ensure that residents enjoy a safe living environment and quality care, an obligation that stems from Florida law and by contract. Unfortunately, far too many assisted living facilities fail to live up to their obligations. One of the biggest threats to residents is understaffing, a problem highlighted in a PBS article. A recent study found that most nursing homes had fewer nurses and caretakers than they reported to officials, leading to significant fluctuations in staffing. Weekends are a particular concern, with staff being responsible for almost twice as many residents. 

When nursing homes simply do not have sufficient personnel to deliver essential services and the level of care required by residents, neglect and abuse become serious issues. Because some victims are not in a position to address misconduct on their own, loved ones must often step up to seek justice. If you believe understaffing was behind harm to your loved one, you should contact a Miami nursing home abuse and neglect lawyer right away. It is also important to understand the dangers.

Reasons for Nursing Home Understaffing

It is not uncommon for nursing facilities and long-term care homes to be involved in lawsuits, even those involving wrongful death. Negligence on the part of the nursing facility staff are often cited as the prime causes of an injury or death for their residents. Patients and family members of patients have the right to bring these care facilities to justice and collect any compensation they deserve. A recent wrongful death case involving a facility has led to some new laws to help beneficiaries of an estate recollect the money that had been allocated toward medical expenses.

If you or a loved one have experienced an injury or death related to negligence at a nursing home or long-term care facility, you may wish to speak to an attorney who can help you obtain the compensation you and your family deserve. The Miami personal injury lawyers at Gerson & Schwartz, PA provides a FREE initial consultation to discuss your case. Simply call (305) 371-6000 or toll free at (877) 475-2905. You can also contact us online at

Wrongful Death Suit in Oklahoma

Our Miami nursing home abuse attorneys have previously discussed unfortunate incidents in which elderly individuals were the victims of nursing home abuse and/or neglect. In August, we discussed a case in which a Florida jury awarded more than $1.1 billion to the son of a woman who had suffered abuse at the hands of a negligent Polk County nursing home.  Apparently, that was not the first time the operators of that nursing home were under fire for such misconduct as a different Polk County jury awarded a $114 million verdict against the companies in another nursing home abuse case.

Falls Can Be a Sign of Nursing Home Abuse

According to the Centers for Disease Control and Prevention, falls are the leading cause of injury death and the most common cause of nonfatal injuries and hospital admissions for trauma in adults over 65. Further, the CDC estimates that 20-30% of falls result in moderate to severe injuries such as lacerations, hip fractures, or head traumas, and are the most common cause of traumatic brain injuries.

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