If you are concerned that your elderly relative is not receiving the nutrition they need from a nursing home, your next step should be to contact a steadfast nursing home abuse attorney. A dedicated West Palm Beach nursing home malnutrition lawyer can review your situation to determine whether there is merit to file a civil claim and subsequently pursue compensation on your behalf.
Statute of Limitations for Facility Neglect
According to Florida Statute §429.296, nursing home malnutrition lawsuits must generally be filed within two years from the date of injury, or the date that the injury was discovered or should have been discovered through due diligence. However, this law is somewhat flexible and also gives a total time limit of four years to file a claim.
A plaintiff who fails to file a claim within this legal time-frame risks losing the opportunity to seek compensation altogether. Fortunately, a seasoned West Palm Beach nursing home malnutrition attorney could help a resident or their family initiate a suit within the allotted time period.
Fraud or Concealment
Exceptions to the statute of limitations may be made in cases involving fraud, concealment, or intentional misrepresentation where an at-fault party attempts to prevent the discovery of an injury. Under these circumstances, a claimant would receive an additional two years from the date of discovery to file a civil suit. It follows that up to six years may pass before filing.
Nursing Home Malnutrition and Negligence
State law affords nursing home residents many legal protections, such as the right to receive nutritious food and standardized medical care. It is the facility’s responsibility to be aware of residents who may be undernourished or malnourished. Concerns such as these should be brought to the attention of nursing home staff members and physicians so that the appropriate interventions can be given to help residents.
Nursing home staff have a legal duty to act in a way that another reasonable professional would under similar circumstances. However, nursing home staffs are often overworked and understaffed, so they may not assess the nutritional state of residents or remedy malnutrition in a timely manner.
FL Stat. §400.023 mandates a plaintiff to prove several points in order to obtain compensation. For example, a claimant must establish that a nursing home had a duty to provide proper nutrition and ultimately breached this legal responsibility. It is also imperative to show that a resident suffered an injury as a result of the facility’s violation of care as well as its impact on their life. A skilled nursing home malnutrition lawyer in West Palm Beach can use past and present medical records and scholarly medical articles, as well as testimony from defendants, family members, nursing home staff, and medical experts to prove a case to a jury.
Work with a West Palm Beach Nursing Home Malnutrition Attorney Today
It is important that you bring your concerns and questions to a qualified West Palm Beach nursing home malnutrition lawyer as soon as possible. Doing so could help them file your case within the statute of limitations and potentially gather evidence which may otherwise be lost or destroyed over time. Call today to learn more about your legal options.