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What You Should Know About Suing a Nursing Home

NursingHome

It’s no mystery that nursing home care often leaves something to be desired. It seems all too frequently we hear about a senior being abused or neglected in a Florida nursing home. But nursing home residents have rights. At Roman & Roman, P.A., we understand that sometimes nursing homes don’t play fair. So, here are a few things you should know before you sue a nursing home.

They Make a Lot of Money, Despite What They Claim 

Florida nursing homes often rank among the highest earning in the country. Yet, it seems each time a nursing home neglects someone or causes a senior’s painful bed sores or death, the first argument is that the nursing home has no money or is unable to keep up staffing ratios because of how little they make. This is simply not true. The truth is, nursing home companies are often owned by numerous LLCs and corporations that act as a shield against liability. Sue them, and you quickly find out that the facility is owned by an out-of-state entity with no ties to Florida and the local facility is operating on a negative budget. Somehow, the owners still manage to make millions.

They Might be Uninsured 

Yes, Florida requires you to carry car insurance if you own a motor vehicle. However, Florida merely requires nursing homes to carry insurance, but the state says nothing about how much. Other states have recently attempted to pass laws mandating minimum liability insurance for nursing homes, but believe it or not, Florida law does not require a specific minimum amount of coverage for these vitally important healthcare facilities that provide care to seniors. Fortunately, Florida law does punish nursing homes that fail to pay judgments or agreed settlements.

Sadly, most Florida nursing homes operate with tiny insurance policies that leave injured seniors uncompensated when they are neglected or abused by greedy and careless nursing home companies.

They Lie and Falsify Documents to Avoid Liability 

It is often hard for people to believe that nursing home staff would deliberately falsify records, but they do. Whether it is removing a key page or two from the records to hide an act of negligence or making notes about something after the fact to make it look like staff was providing better care, you can count on nursing homes to try some pretty slimy tactics to avoid liability. Many times, false documentation has nothing to do with the lawsuit. Instead, some nursing homes are just plain cheating the Medicare and Medicaid systems to make more money.

They Will Do Anything to Win 

If you complain to a nursing home and ask for compensation, you will not be met with an insurance adjuster. Instead, you will probably be contacted by someone called a ‘risk manager.’ This person is not looking out for you or your loved one. They are a highly-trained individual who may be an attorney, a nurse, or both. A risk manager’s sole job is to get you to go away. They will lie, cheat, mislead you, and delay. Never trust them, and do not talk to them without an attorney of your own.

If someone you care about has died or been seriously injured due to a negligent nursing home, call the attorneys of Roman & Roman, P.A. For over 30 years, our attorneys have been fighting for injured victims throughout Florida. Call or visit us online to schedule a free consultation today.

Resources:

statista.com/statistics/323229/average-nursing-home-revenue-in-top-and-bottom-three-states/

lexology.com/library/detail.aspx?g=308c1994-6cfa-4a64-8553-229dae51494a

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