FREE CASE EVALUATION
INDIANTOWN MEDICAL MALPRACTICE ATTORNEY
Is there a difference between a medical malpractice case and a nursing home negligence case?
Yes, although there are many similarities, there are several important differences, here are the top 4:
- The presuit investigation period is shorter for nursing home cases than medical malpractice cases. For nursing homes, the presuit period is 75 days, as opposed to 90 days for a medical malpractice case.
- Medical malpractice cases fall under the Wrongful Death Act, and the only people who can bring a claim for death are a surviving spouse or surviving children under 25. Not so for nursing home cases. Anyone appointed the personal representative of the estate is allowed to bring a claim.
- Nursing home cases can be brought for violation of the statutorily-mandated resident’s rights (the right for adequate and appropriate healthcare, for example) while medical malpractice cases don’t involve resident’s rights.
- Medical malpractice cases are filed in circuit court, while many nursing home cases are subject to arbitration instead of a trial. Nursing homes often require their residents to sign an agreement for arbitration and waiving their statutory rights to a jury trial. NOTE: If you have a loved one in a nursing home or are considering that, do not sign an agreement to arbitrate. If you’ve already signed one, send the nursing home a letter withdrawing it.
SURGICAL INJURY OR DEATH
Surgical injury or death may be as a recognized complication, or it may be due to medical malpractice. Our experts can find out for you.
GIVE YOUR DOCTOR A CHECKUP
This can happen from a head injury, a bleed, a stroke or lack of oxygen to the brain, and can possibly be from medical malpractice.
SLIP AND FALL
Most falls in nursing homes or assisted living facilities can be prevented with proper safety measures and the proper attention of the intitution’s staff.
Be the Captain of your own medical decisions. You can prevent arguments among family members. Make decisions easy for your family. Ensure doctors follow your wishes.
This is outrageous, five times as many Americans die every year from hospital/doctor mistakes than die from auto accidents.
NURSING HOME ELDERLY ABUSE
Unexplained injuries, bruises and other related injuries may be the result of nursing home abuse. These injuries are a felony under Florida law.
If dogs don’t go to heaven when they die, when I die, I want to go where they go.
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MY INDIANTOWN CLIENTS?
My clients are people who have been seriously and permanently injured by medical/hospital errors; who have had family members die at the hands of incompetent doctors or nurses; whose elderly loved ones have been abused and mistreated by uncaring nursing home staff. Many cannot even leave their houses because of their injuries. Sometimes their computer is their only contact with the outside world. These are my people!