My mother suffered a stroke in 2008. I didn't find fact proving the nursing home was at fault unitl I came across information about a review board Medicare have that can look into matter of concerns of medical neglect. It is FMQAI. Previous contact AHCA, DCF, Ombudsman and these agency found no signs of abuse. The calls to these organizations started at the beginning of injury which was 7/2008. None stop searches I found FMQAI. I have their results in writing that preventional measures didn't occur to prevent long term disabilities was found in 2010. Their substandard care has recently caused additional injuries(aspiration,feedingtube). I've called many lawyers but, no success. I'm reaching out to you now. I want to see justice done. Arbitration maybe the way to go.Please help?
Criminal Defense Attorney
Good morning. I was very sorry to read your question and learn of your mother's stroke, apparently followed by a number of complications if I have read your question as you had intended it to be understood. The first issue which needs to be made clear is that any prospective claim which your mother might have/have had, could already be barred by the applicable limitations period governing this matter. However, it is impossible to tell just yet whether that is the case or not. You need to immediately consult with several attorneys who are qualified in both medical malpractice matters as well as nursing home abuse and neglect actions. The former is governed by Chapter 766, Florida Statutes (Florida's Medical Malpractice Act); the latter is subject to the mandates and parameters set forth by Chapter 400, Florida Statutes (sometimes referred to as Florida's Nursing Home Abuse and Neglect Act, but which actually governs a variety of entitities such as ALF's; ACLF's; as well as Nursing Homes). The reason I think you need an attorney qualified in both areas is that from the mere broadstrokes which your question sets forth, it is quite easy to conceive of a variety of scenarios in which the nursing home (and its owners, administrators, licensee, medical director, employees [such as the nursing staff], and so on) might very well blame your mother's medical providers who are not affilliated with the facility for failing to take certain actions which they will contend, potentially, would have allowed this adverse outcome to have been averted. They may even be correct. Likewise, the medical providers with whom your mother consults who are not affilliated with the facility, if any, will potentially contend in their defense that the nursing staff, for example, failed to bring certain critical observations to their attention, and had they done so, the stroke from which she suffered, might have been avoided.
Either way, you need to act quickly. If the action is not already barred, it could be at any time, literally day by day. There is no way to tell without reviewing your mother's medical records as well as her nursing home chart. Have you, or someone acting for you, gathered these documents from the facility and from her doctors? This would be a tremendously usefuly head start for any attorney with whom you may wish to consult, and time is absolutely of the essence in this matter.
My standard advice is that you should, or ideally, your mother should, consult with three or more attorneys qualified in both areas of legal specialty to which I have made reference. This will allow you and/or your mother/and/or anyone acting on her behalf to determine with whom they feel the most comfortable working; who he or she feels adequately answers the questions which you might like to pose to him or her; and so on. I have handled a great many actions of both types and would be happy to offer you an initial consultation at no cost. You can also find quite a few other qualified practitioners through AVVO. AVVO can coordinate the consultation(s), if you request that they do so, or you can contact me directly on my cellular telephone, the number for which is (305) 972-5720.
Briefly, the applicable statute of limitations, whether this matter ultimately proves to be one governed by Chapter 766 or Chapter 400 is two years from the date on which your mother learned that she had been harmed as a result of medical negligence or nursing home abuse or neglect, or two years from the date on which she should have been aware that this was the case with the excercise of due diligence after reasonable inquiry and investigation, up to an outerbound of four years from the date of the alleged negligence (or abuse).The only exception to these parameters requires a showing of deliberate fraud or concealment of the necessary documents or other evidence without which you could not have discovered the necessary information to form this conclusion and is RARE.
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You say that you are looking for a lawyer. Keep in mind statute of limitations. http://www.statuteoflimitations.net/florida_statute_of_limitations.htm
You can search Avvo's "find a lawyer" for a lawyer in your city, and call a few until you find a lawyer you are happy with and who will represent you.
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