Our Nursing Home Neglect Lawyers Discuss Elder Abuse Statutes

Nursing Home Neglect LawyersWhen you meet with the nursing home neglect lawyers at Giroux & Associates about your loved one’s case, there are some important things that you need to understand. Some abuse or neglect cases in Florida are treated under the medical negligence standard, while others are not. This difference can affect how your loved one’s case must be prepared for litigation. One of the first things your nursing home neglect lawyer will do is determine which body of law applies.

Florida’s Statutes Concerning Nursing Home Abuse and Neglect

In Florida, nursing home abuse and neglect cases fall within the ambit of Florida Statute 400.023. If the case involved inadequate medical care or a deprivation of it, then it must be reviewed by a licensed doctor or nurse, and the records must be filed along with the lawsuit. Other requirements also apply after the complaint has been filed, including holding mediation within 120 days of the receipt of a defensive pleading or answer to the complaint, among others.

Florida’s Statute of Limitations

The statute of limitations for nursing home abuse and neglect cases is also very important. If the complaint is not filed within the required time frame, then you may lose your ability to sue and recover for your losses. The applicable statute of limitations may be found in Florida Statute 429.296. It states that your complaint must be filed within 2 years of the date of the incident or within 2 years of when it was discovered or reasonably should have been discovered. No complaint may be filed more than 4 years afterward, however. You should expect your nursing home neglect lawyer to carefully review the facts of your case to determine which statutory subsection applies. They will then determine when the statute of limitations began running to help make certain your case can be filed in time.

Contact Our Nursing Home Neglect Lawyers

To speak with the nursing home neglect lawyers at Giroux & Associates Inc, call (727) 895-5399.

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