Attorney at Law since 1986

Florida Circuit Civil Mediator & Qualified Arbitrator

Phone

Toll Free (855) 346-5897

In nursing home negligence cases, I often hear the defense say, “Well your resident has all of these problems.” That just blows me away, because they obviously have lots of problems. They might be old and sick. That’s why they’re in the nursing home to begin with.

The nursing home’s obligation is to provide them a safe environment. The nursing home’s obligation is not to fix them, it’s to provide them with a safe place to live and to monitor and assess them. If there are significant changes in the resident’s situation, then it’s incumbent upon the nursing home to notify the medical establishment. To notify the doctors who are taking care of the resident. I would venture to say that in every nursing home case that I’ve ever handled, the person who was the resident had all sorts of medical problems or they wouldn’t be there to begin with. That’s not a defense in my mind to negligence by a nursing home and its staff.