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Looking for a lawyer that handles Elderly Neglect cases that resulted in a death at a South Fl Hospital.

Miami, FL |

The laws are tricky when it comes to Malpractice if an elderly person don't have a spouse, or kids under 25 years of age, this case is Elderly Neglect, and or Malpractice. We feel the hospital did not monitor his heart, and blood pressure during dialysis, they forgot to hook him up properly.
The person is over 70 years.

Attorney Answers 6

Posted

First, please understand that this forum doesn't really function as a jobs bulletin board, so you may not get much in the way of a response to your post. You will have to take the initiative and contact attorneys to find one to represent you. Also, medical malpractice cases are expensive to pursue, difficult to prove and highly technical in nature, since you need experts to establish what the standard of care is and that it was breached in some fashion. You are going to need to have a medical malpractice attorney get the files and have them reviewed by a physician to determine if professional negligence occurred and if there is any recourse. The attorney can also advise regarding who has the ability to bring a wrongful death lawsuit. Use the Find a Lawyer tab on Avvo to find attorneys in your area to consult with. Best of luck to you...

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Posted

Find a medical malpractice attorney on Avvo.com. You will receive a free consultation. You will receive some answers to your questions.

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7 lawyers agree

Posted

i am sorry for your loss, use avvo to find a lawyer licensed in the state this happened in asap

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Posted

As you have recognized, the damages for a 70 year-old, unmarried person with children over 25 years of age who dies from medical malpractice, are restricted to loss of net accumulations, medical and funeral bills. Typically, these are not enough to justify suit.

This is intentional on the part of our legislature.

I don't see how calling it something else will make any difference.

This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client relationship is intended to be formed.

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Posted

You have come to the right site to find a lawyer. Simply go to Avvo's "find a lawyer" tool to locate an attorney close to your home.

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Posted

There is another, little-known, statute which provides an alternative avenue to sue a healthcare provider. I believe the statute number is chapter 497 of the Florida statutes and prohibits abuse of the elderly and disabled by a caretaker.
When I have time, I will try to get the exact citation to you.
Robert Shapiro

The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices.

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6 comments

Robert David Shapiro

Robert David Shapiro

Posted

the correct statute to look at is under Chapter 825

Clifford M. Miller

Clifford M. Miller

Posted

825.102. Abuse, aggravated abuse, and neglect of an elderly person or disabled adult; penalties. But, it is criminal only. No civil cause of action supported by it (that I can see).

Robert David Shapiro

Robert David Shapiro

Posted

I cited to the wrong statute. The correct statute is 415.1111: "Civil actions.—A vulnerable adult who has been abused, neglected, or exploited as specified in this chapter has a cause of action against any perpetrator and may recover actual and punitive damages for such abuse, neglect, or exploitation. The action may be brought by the vulnerable adult, or that person’s guardian, by a person or organization acting on behalf of the vulnerable adult with the consent of that person or that person’s guardian, or by the personal representative of the estate of a deceased victim without regard to whether the cause of death resulted from the abuse, neglect, or exploitation. The action may be brought in any court of competent jurisdiction to enforce such action and to recover actual and punitive damages for any deprivation of or infringement on the rights of a vulnerable adult. A party who prevails in any such action may be entitled to recover reasonable attorney’s fees, costs of the action, and damages. The remedies provided in this section are in addition to and cumulative with other legal and administrative remedies available to a vulnerable adult. Notwithstanding the foregoing, any civil action for damages against any licensee or entity who establishes, controls, conducts, manages, or operates a facility licensed under part II of chapter 400 relating to its operation of the licensed facility shall be brought pursuant to s. 400.023, or against any licensee or entity who establishes, controls, conducts, manages, or operates a facility licensed under part I of chapter 429 relating to its operation of the licensed facility shall be brought pursuant to s. 429.29. Such licensee or entity shall not be vicariously liable for the acts or omissions of its employees or agents or any other third party in an action brought under this section."

Clifford M. Miller

Clifford M. Miller

Posted

Interesting statute. Hard to get past Bohannon v. Shands Teaching Hospital, 983 So.2d 717 (Fla. 1st DCA 2008) though. From the headnote: "Family of hospital patient who had entered a vegetative state post-surgery and who subsequently died when life support was terminated, failed to state a viable claim against hospital under the Adult Protective Services Act, but rather, pled claims that sounded in medical negligence under a vicarious liability theory, requiring dismissal of Adult Protective Services Act claims, absent allegations that the hospital “abused” or “neglected” patient during the period after patient entered persistent vegetative state."

Robert David Shapiro

Robert David Shapiro

Posted

But, look at Knowles v Beverly Enterprises, where the Supreme Court of Florida held that: " the facility may be liable depending on the particular facts, under the theories of common law intentional torts, like battery, or abuse of a vulnerable adult under section 415.1111, Florida Statute"

Clifford M. Miller

Clifford M. Miller

Posted

Well, maybe in an appropriate case. But that language is dicta because the issue in that case was a cause of action for death under the patient's bill of rights (answer: No), and not the issue of whether one has a case under 415.1111. Then years later, the Supreme Court limited the remedies under 415.1111 in Bohannon. Limited so much that finding a case to bring that would result in a recovery from a viable institution, under that statute, would be very unusual. Not impossible, just unusual, and not applicable to Asker's query.

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