Readers of this blog are well aware of the responsibilities carried by nursing homes and their employees. These duties shouldn't be taken lightly, especially since a seemingly minor error in one area could lead to serious injuries or even death. Our elderly loved ones are vulnerable, and they should be treated with the utmost care. While this means being properly nourished, adequately monitored, and kept away from abuse while in a nursing home, it also means being given the proper care after a hospital stay.
A few weeks ago on this blog we discussed arbitration and how it can come into play when nursing home neglect occurs. Arbitration can be a way to resolve disputes without taking a matter to court, but this doesn't mean that the process isn't adversarial. Those who are forced to arbitrate their claims due to clauses in their contract with a nursing home will still be able to put forth evidence in an attempt to convince the arbitrator that negligence caused their harm and they should be compensated for said harm.
The legal process can take a long time to fully play out. This does not diminish its importance, however. Instead, those cases that make it to the Florida Supreme Court's level are bound to reshape the law as we know it. This can have a significant impact on Floridians, including those affected by medical malpractice. To see just how much of a difference it can make, one need only look to one case before the Supreme Court this month.
There are a lot of medical conditions out there. Depending on the type and the speed with which an individual obtains medical attention, these conditions can be extremely minor and easily curable, or devastating and long-term. In some instances, an untreated or improperly diagnosed minor illness can turn into something more severe, posing the risk of permanent disability or even death. For this reason, it is important that medical professionals diligently work to avoid a missed diagnosis.
Those who have placed an elderly loved one in a nursing home know that the process can seem very formal. Most significantly, individuals are often asked to sign a contract. While these agreements spell out the services that will be provided and the payments to be made for such services, there may be other clauses hidden deep in the text that could have a significant impact on an individual's ability to take legal action against a negligent nursing home.