Often, Florida residents will require full-time medical attention. Home health care professionals and aides work in-home with their patients – tending to their medical and physical needs. While most home care aides are attentive, errors and mistakes occur, often leading to additional adverse medical complications and even death. If your loved one suffered an injury due to their home care aide’s negligent conduct, you need the services of our Florida lawyer for injuries by in home care.
Prosper Shaked is a compassionate attorney who represents Florida residents and their loved ones who have suffered harm due to medical malpractice. To schedule a free legal consultation to discuss your case, contact Prosper Shaked at (305) 694-2676.
Negligent Conduct by Florida In Home Care Aides
Elderly Florida residents are commonly injured by falling, resulting in fractured or displaced bones. The risk of falling is increased by a person’s medical condition, ability to balance, mental well-being, or advanced age. Often, injuries occur when an in home health care aide fails to property assist a client maneuver around their home. Aides should properly assess the risk a client presents to themselves and implement steps or procedures to mitigate the danger of the patient falling.
Another common error attributed to home healthcare professionals is administering the wrong medication or the incorrect dosage of the appropriate medication. Clients rely on their medication to maintain their health, mitigate medical conditions, or alleviate pain. When the wrong medication is administered, it could have devastating effects. Sometimes, an aide will forget to give their client their required medication.
Often, in-home healthcare providers will have specific instructions from a patient’s primary doctor. If an aide fails to follow a doctor’s treatment plan, purposefully deviating from the recommended medical care, a patient’s medical condition could worsen or they could develop additional adverse medical consequences.
Similarly, neglecting to report significant changes in a patient’s condition could jeopardize the patient’s health. Even a seemingly minor accident should be reported as internal injuries or hemorrhaging is not always readily apparent.
Another part of home health care is providing transportation for a client to and from medical and doctor’s appointments. This might include placing a client into a wheelchair or helping them back into bed afterward. Injuries could occur if an aide drops a client while helping them transfer to and from their bed. Sometimes, injuries occur when a healthcare professional is involved in an automobile accident when transporting their client.
Home healthcare professionals have a duty to take physical care of their patients. Signs of neglect of a patient by their in-home aide include bedsores, dehydration, malnourishment, or rashes. If your loved one has any symptoms of neglect, you should contact our Florida lawyer for injuries caused by in-home care immediately. Prosper Shaked will thoroughly evaluate you or loved one’s medical condition and medical history to determine if your home healthcare aide’s conduct caused you harm.
Physical or Emotional Abuse by Home Care Professionals
While injures due to unjustifiable mistakes are troubling, when home healthcare aides physically or emotionally abuse their clients, the results could be devastating. People receiving home healthcare can be especially vulnerable due to both physical and mental limitations. Types of abuse include intimidation, threats, and physical or sexual abuse. Often, this type of conduct could result in criminal charges. If you suspect your loved one is suffering from physical or mental abuse, contact our experienced Florida attorney immediately.
Florida’s Adult Protective Services Act
Florida implemented the Adult Protective Services Act to protect elderly and vulnerable adults. Suing for injuries or abuse under this statute allows an injured party to collect damages, including punitive damages, and attorney fees and costs. Prevailing against a health agency for the negligent conduct of a nurse or aide is difficult. Such entities will deny liability, claiming that the injury was caused by an independent contractor and not an employee. It is vital to have the representation of an experienced Florida lawyer for injuries caused by home care.
Establishing Liability for Injuries Caused by In Home Care Professionals
An in home healthcare aide has a duty to tend to the needs of their patient. If an individual sustains an injury because of the negligent conduct of their aide, they could hold the in home healthcare aide personally responsible for any harm and damages incurred.
Generally, Florida home healthcare aides do not carry separate insurance policies. Because of this, home healthcare agencies attempt to avoid typical employment relationships with their aides – classifying them as independent contractors. The agency will claim they are free of any liability as the healthcare professional is an independent contractor.
With the assistance of a skilled Florida attorney, the contract between the healthcare worker and agency could be challenged. The agency might still be liable for the mistakes of the caregiver by establishing that the aide was an agent of the agency. The controlling legal theory is whether the agency had the right to control the healthcare provider.
A healthcare agency could also be held liable for failing to adequately train the aides they employ. Similarly, if an agency neglected to perform proper and thorough background checks on their employees, they could be responsible for any harm sustained.
Call Our Florida Lawyer for Injuries Caused by In Home Care for a Free Consultation
Prosper Shaked is a compassionate attorney who represents Florida residents and their loved ones who have suffered harm due to the negligent conduct of their in home health care provider. To schedule a free legal consultation to discuss your case, contact the Prosper Shaked Accident Injury Attorneys PA at (305) 694-2676.