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Personal Injury

Miami Nursing Home Negligence Attorney

Currently there are 2900 assisted living facilities in Florida. They are licensed by the Agency for Health Care Administration (AHCA). Some Florida ALFs provide limited nursing care, mental health services and extended Congregate Care Services. Florida Statute §434 defines ALFs as a residential facility that provides housing, meals and personal services for over 24 hours to one or more adults who are not related to the owner or administrator. Personal services do not include medical, nursing, dental or mental health services. Some ALFs provide transportation, housekeeping and recreational activities. The level of assistance and services depends upon on the residents’ needs.

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ALFs can range in size from small home-like environment to huge communities with over 500 residents. ALFs can be family owned or part run by publicly traded companies such as Emeritus Senior Living. Emeritus operates more than 300 assisted living facilities across the country.

Congregate care services is very similar to independent living but different than Independent Living. In Florida, congregate care housing usually offers communal meals, services and activities to residents. Independent Living, offers only living quarters and limited services.

ALFs are required to have enough qualified and trained employees to provide the appropriate supervision and care to residents. ALF employees have to meet the training requirements detailed in Chapter 58-A of Florida’s Administrative Code. Florida’s ALFs have a legal obligation to prevent and properly treat infected bedsores, decubitus ulcers or pressure ulcers.

Residents in ALFs must be treated with dignity, respect and provided with a safe and decent living environment.. Florida Statute §429.28 contains the Resident Bill of Rights

If you have been injured, abused or had your rights violated by a Florida assisted living facility contact our office for a free legal consultation. Our office handles ALF abuse claims involving:

  1. Sudden unexplained bruising, welts or scars.
  2. Broken bones.
  3. Missed or wrong medication administrations.
  4. Signs of being restrained on the wrists or ankles.
  5. Caregiver refuses to allow you to be alone with your loved one.
  6. Bedsores, pressure ulcers.
  7. Inappropriate nursing care.
  8. Sexual abuse.

Our South Florida ALF abuse lawyers are happy to speak with you or meet with you at your facility. We have represented those injured and abused at ALFs across Florida including Miami-Dade, Monroe, Broward and Palm Beach Counties.

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FAQ

Frequently asked questions

Do I have a case after nursing home abuse or neglect?

If someone else’s carelessness caused nursing home abuse or neglect and you were hurt, you may be entitled to compensation for medical bills, lost income and pain and suffering. A free consultation can tell you where you stand.

How long do I have to file a claim in Florida?

For most negligence claims, Florida’s deadline to file a lawsuit is two years from the date of the injury. Claims for wrongful death, medical malpractice and claims against government agencies follow different rules, so talk to a lawyer early.

What if I was partly at fault?

Florida uses modified comparative negligence. If you are found 50% or less at fault, your recovery is reduced by your share of fault. If you are found more than 50% at fault, you generally cannot recover.

What should I do after nursing home abuse or neglect?

Get medical care, report what happened, photograph the scene and your injuries, collect names and phone numbers of witnesses, and avoid giving recorded statements to an insurance company before speaking with a lawyer.

How much does it cost to hire Aronfeld Trial Lawyers?

Nothing up front. Aronfeld Trial Lawyers works on a contingency fee: No Recovery. No Fee. You pay nothing unless we recover money for you.

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