At Goldman & Daszkal, P.A., we are West Palm Beach elder injury attorneysdedicated to serving elderly victims of negligent or wrongful conduct, as well as their family members. For more than 20 years, we have worked to maximize our clients’ recovery in cases of nursing home neglect, products liability, and wrongful death.
Nursing Home Neglect
Perhaps due to its popularity as a retirement destination, the state of Florida has enacted a lengthy list of rights accorded to the elderly residents of nursing homes. These rights include the right to civil and religious liberties, the right to private, uncensored communication, the right to access services, the right to organize, the right to participate in activities, and many more. Perhaps most crucial are the rights to be adequately informed of medical care and treatment, and to be free from mental and physical abuse. In spite of this Bill of Rights, nursing home abuse and neglect are ongoing problems, and nursing home facilities and staff regularly fall below the standard of care they legally owe to nursing home residents.
Some common abuses in nursing home environments are verbal or emotional threats, assault, battery, withholding or excess administration of medications, and depriving residents of water, food, or sanitary conditions. Signs of nursing home abuse or neglect can include unexplained cuts or bruises, bedsores, and sudden changes in behavior. This kind of mistreatment can lead to serious injury and even death. If you or a loved one has been subject to nursing home neglect or abuse arising from the negligence of a nursing home facility or staff member, we can help you pursue justice and compensation for your losses. Damages can include recovery for medical costs, pain and suffering, and aggravation of pre-existing conditions.
Statistics Regarding the Elderly
As of 2000, there were almost 13,000 West Palm Beach residents over the age of 64, out of a total resident population of 82,103. Falls are the most common cause of fatal injuries and traumas in this age group. The U.S. Centers for Disease Control and Prevention report that one in every three adults age 65 and older experiences a fall. In 2009, approximately 20,400 older adults were killed by an accidental fall.
Products Liability
Elderly people, like others, can be injured by defective products they use in everyday life, or as part of their healthcare regimen. However, the elderly can be particularly vulnerable to defective medical devices or implants. For example, a defective knee implant for an elderly person may require another surgery, which can carry higher than average risks of complication due to the patient’s age. Sometimes a problem with an implant in the hip or knee can lead to a fall that causes injuries more severe than a younger person would sustain. Products can be defective in design, manufacturing, or marketing. Marketing defects, for example, include inadequate warnings. Design defects are those where the nature of the design ultimately causes injuries. Manufacturing defects are unintended defects that occur while a product is being put together. If you believe you or a loved one have been injured by a defective product, a knowledgeable products liability attorney can help you assess whether you have a cause of action against the manufacturer or other responsible party.
Wrongful Death
Wrongful death occurs when someone dies as a result of another’s negligent, reckless, or intentional act. Wrongful death can arise from nursing home neglect, as well as from defective products or unsafe property conditions. When someone dies under these circumstances, the decedent’s survivors, such as a spouse, child, or parent, can bring a wrongful death lawsuit to recover compensation for their loss. In this kind of case, survivors may pursue damages for lost support, as well as loss of companionship, medical expenses, funeral expenses, and other amounts. Factors that determine the amount for lost support include the relationship between the survivor and decedent, the amount of the decedent’s net income available to the survivor, and the replacement value of the decedent’s services.
Get In Touch
Experienced West Palm Beach Personal Injury Attorneys
The Florida personal injury attorneys at Goldman & Daszkal, P.A. are available for consultation if you or a loved one have been injured, or if a loved one has lost his or her life, due to someone else’s negligent conduct in a nursing home or other environment. We understand the unique needs that elderly individuals may face in pursuing personal injury cases, and are sensitive to the impact such a lawsuit can have on an elderly client’s autonomy and quality of life. For a free and confidential consultation with no obligation, please call us at 954-998-0296 or contact us through our online form.
