Order Allow,Deny Deny from all What if my loved one is unable to communicate well. Will we automatically lose the nursing home case? | Jay Cooper Law Office

Attorney at Law since 1986

Florida Circuit Civil Mediator & Qualified Arbitrator


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In my experience, there are a lot of residents in nursing homes who are unable to make their needs met. One of the obligations that a nursing home has is to meet the needs of a resident. The fact that somebody can’t communicate verbally doesn’t preclude a finding of responsibility on the part of the nursing home. It simply makes it more difficult for the plaintiff and the plaintiff’s lawyer to gather evidence. In my actual trial experience and litigation experience, I have had a number of situations where residents were non-communicative or they wrote things on pads. Obviously that is something that the resident’s family has to deal with and it is a problem in terms of proof. But that the fact that resident isn’t there to testify or the resident is not able to communicate is not a bar to bringing a nursing home action if you have requisite parts and facts and expert testimony.