Nursing Home Malnutrition and Dehydration – New Cases Shine Spotlight on Ongoing Abuse

Nursing home malnutrition and dehydration are a common problem in assisted care facilities. New cases are shining a light on the extent of the problem. Residents who suffer from malnutrition and dehydration while in nursing home care may deserve financial compensation from the care facility. Here’s what you need to know from our Tampa nursing home abuse attorneys.

Nursing Home Fall – Family Receives Financial Compensation From Jury Verdict

A Florida jury recently awarded $200,000 to the family of a woman who suffered a fall in a care facility. The Pensacola Health Care Facility was court-ordered to make the payment after a jury found in favor of the woman’s family. The fall resulted in the death of the 78-year-old nursing home resident who suffered from a burst blood vessel and other complications.

Despite the denials of wrongdoing, the jury found that the care facility didn’t do all that they could to protect the woman. The evidence showed that the facility had a care plan, but didn’t follow it. Family members testified that during visits, it was a struggle to find a staff member to help their mother use the bathroom. The family says that they’re satisfied to receive justice for their mother. The April 2019 verdict shows that Florida law remains strong to protect victims of nursing home abuse and neglect.

Nursing Home Malnutrition and Dehydration Lawsuit – Millions Awarded to the Victim

The Pensacola case isn’t the first case to make headlines. In 2018, the Atlanta Journal-Constitution reported on a $5 million verdict against nursing home mogul Christopher Brogdon. A resident brought the case after suffering from malnutrition, pressure sores, and a host of other ailments in a nursing home facility. When Brogdon tried to avoid paying the judgment, the U.S. Securities and Exchange Commission stepped in to help, citing concerns of ongoing mistreatment.

Neglect in Nursing Homes – an Ongoing Problem

Too often, assisted care facilities worry more about their bottom line than they think about the welfare of their residents. The Orlando Sentinel reports that the Florida Department of Children and Families, Adult Protective Services Office takes in more than 4,000 reports each month of suspected adult abuse and neglect. Although taxpayer dollars and individual payments pump millions of dollars each year into the nursing home industry, it’s too often the residents themselves that are left without the care that they need and deserve.

Florida Nursing Home Malnutrition and Dehydration Lawsuits

If you or a loved one is a victim of malnutrition and dehydration in a nursing home, you may deserve financial compensation. Florida law strongly protects victims of nursing home abuse and neglect. Malnutrition and dehydration is a form of nursing home neglect and abuse.

Nursing Home Malnutrition and Dehydration Lawsuits

Because a nursing home is in the business of providing a safe and healthy facility for its residents, the home has a very high legal standard for providing care. Ensuring the safety of residents is their very job. When a care facility fails to live up to their legal obligations, and a victim suffers from malnutrition or dehydration, the care facility may owe the victim significant financial compensation.

Legal Standards for Florida Nursing Home Malnutrition and Dehydration Cases

Florida has two different sets of laws that protect Florida nursing home residents when they suffer from malnutrition and dehydration. The first is Florida’s civil negligence laws. All nursing home operators must perform their duties with reasonable care. Neglect is a lack of care.

Florida Nursing Home Negligence

To win a Florida nursing home malnutrition or dehydration case, you must show that the nursing home failed to provide reasonable care to the resident. You must show that the failure caused the resident’s injuries and that the resident suffered harm. The legal standard is based on regular, ordinary care. Florida care facilities have very high legal standards for what constitutes acceptable care for residents.

The Florida Nursing Home Bill of Rights

In addition to civil negligence laws, Florida also has a Bill of Rights for residents of nursing homes. The Bill of Rights is a Florida law that spells out the rights of nursing home residents. If a care facility violates the law, and a resident gets hurt as a result, the resident may hold the care facility accountable under the Florida nursing home bill of rights.

Can You Bring a Lawsuit for Nursing Home Malnutrition?

Yes, you can bring a lawsuit for nursing home malnutrition. Malnutrition is a form of neglect. A nursing home has a legal obligation to provide reasonable care for people who live in their facility and depend on them. When a resident suffers from malnutrition because of poor care, the victim may recover financial compensation from the care facility for a wide range of damages.

Can You Bring a Lawsuit for Dehydration in a Nursing Home?

Yes, you can bring a lawsuit for dehydration in a nursing home. When the dehydration occurs because the care providers didn’t take good care of a resident, it can be grounds for a lawsuit. The signs of dehydration can be subtle. Your loved one may be suffering from abuse and neglect and not even know it. The care facility has a legal obligation to recognize the needs of their residents and execute a care plan to meet their needs.

How Our Florida Nursing Home Malnutrition and Dehydration Attorneys Can Help

Are you concerned about the care your loved one is getting in a nursing home facility? Do you worry that your loved one may be the victim of nursing home abuse and neglect? Don’t question your instincts. Contact one of our qualified nursing home injury and abuse attorneys for a consultation about your claim.

Call Our Florida Nursing Home Abuse Attorneys

The safety of your loved one is our top priority. We work tirelessly to help nursing home abuse and neglect victims hold offenders accountable. Bringing a claim prevents the care facility from continuing to profit from the mistreatment of residents.

Let our team answer all of your questions and show you how the legal system can help you and your loved one get justice. Your call is confidential. We look forward to hearing from you.

About the Author

Jack G. Bernstein, ESQ.

For more than 36 years, personal injury lawyer Jack G. Bernstein has protected the rights of individuals who have been injured in a variety of circumstances. Mr. Bernstein is a member of the Florida State Bar Association, the Hillsborough Bar Association and the Clearwater Bar Association.

The information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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