medical malpractice Archives - David R. Heil P.A.

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How to report nursing home neglect?

July 20, 2020 by David R. Heil, PA

A nursing home or elder care facility can be held legally responsible when an act of negligence causes harm to a resident. But what kind of behavior can lead to a lawsuit? Actually, there are countless accidents and intentional acts that could leave a nursing home on the hook for damages. Whether it is the act of one employee or an overall policy of the facility, you should always consider speaking with a skilled personal injury attorney.

Physical or psychological abuse can have a detrimental impact on your loved one. Recognizing these issues can be difficult when many nursing home patients are incapable of speaking up for themselves. If you suspect that your family member is the victim of nursing home neglect, we encourage you to contact David R. Heil, PA who has offices in Winter Park, Melbourne and Orlando, Florida. We can help you recognize the signs of elder abuse and allow you to move forward with a lawsuit in confidence.

What is considered nursing home neglect?

When an elderly person moves into a nursing home or long-term care facility, they have a certain amount of rights. A facility must provide a certain level of care that allows residents to maintain the highest amount of physical and emotional well-being. Nursing homes should also provide these services for residents in a healthy environment that enhances their quality of life. When you visit your loved one, you should look for signs of potential abuse or neglect.

For example, victims of nursing home neglect sometimes suffer a decline in basic hygiene. When facilities become understaffed, the workload increases, causing employees to overlook important necessities. If you begin to notice problems like poor body odor, bedsores, or soiled sheets, these are all signs of a serious issue. When you call Heil Law in Winter Park, Melbourne or Orlando, we will let you know what kind of behavior is inappropriate in a nursing home and explain what your rights are.

Other common signs of nursing home neglect include:

Poor nutrition: keeping a proper diet is critical to the well-being of the elderly. Sometimes the right foods can help individuals avoid serious or even fatal health problems.
Unexplained injuries: although many elderly patients are prone to minor injuries, they should not sustain broken bones or bruises in the care of a nursing home.
Emotional changes: victims of abuse may develop emotional trauma that changes their personality and overall behavior. Abusers may intimidate victims, making them hesitant to ask for help.
Aloof staff: if staff members increasingly avoid your questions or simply refuse to be of assistance, this could be a sign of a bigger issue. It is not unreasonable to expect them to address your concerns in a reasonable timeframe.

How to sue a nursing home for neglect

If you have noticed any of the common signs of nursing home abuse in the Winter Park, Melbourne, or Orlando area, consider taking legal action with David R. Heil, PA. While filing a claim may not reverse the effects of abuse, it can help families navigate through life long after the incident takes place. Not only that, but the abusers will be held accountable for their actions. Learn more about the claims process by contacting a member of our legal team today.

The Most Common Causes of Wrongful Death

June 18, 2020 by Adam Page

A wrongful death happens when a person loses their life due to the carelessness of another. While taking immediate legal action may not be a priority, it is important for family members and loved ones to retain a wrongful death attorney as soon as possible. In addition to the emotional trauma of having a family member pass away, people may also face financial difficulties without the help of the deceased. The compensation provided by a lawsuit might ease this financial burden. If you believe this is the case, reach out to David R. Heil, PA in Winter Park, Florida. We can discuss your situation with compassion and provide you with the right next steps.

Medical malpractice

Medical practitioners have a legal and ethical duty to care for the health and wellbeing of their patients. Medical malpractice occurs when a hospital or doctor does not provide the accepted standard of care, thus resulting in injury or death of a patient. When it comes to medical malpractice, however, there is a time limit for taking legal action. Under Florida law, a person must file a lawsuit within a certain time period or the case may not be accepted.

The most frequent cases of medical malpractice lawsuits in Orlando include:

Failure to properly diagnose or treat a patient
Errors in administering medications
Failing to follow proper safety procedures

Car or bike accidents

Motor vehicle accidents or bicycle accidents are major causes of wrongful death in Florida. This is because many collisions are caused by reckless or distracted drivers. Individuals are expected to take a reasonable amount of care and caution to avoid accidents on the road. Instead, their judgment may be impaired by alcohol use or cell phone use. Breaking traffic rules or running a red light are other sources of negligent behavior. When you contact David R. Heil, PA, we can review the case and determine whether any traffic laws were violated during the accident.

Workplace injuries

Construction, transportation, manufacturing, and similar industries experience a higher risk of injury and death compared to other jobs. Some examples of workplace accidents include falling debris or exposure to harmful chemicals. In reality, employers are required to keep the workplace safe and free of any hazards that could result in the death of an individual. Organizations should do everything in their power to train employees about these dangers and provide the right safety equipment to prevent them from occurring in the first place.

Get professional legal help

We understand that wrongful deaths can be a traumatizing event. If your family member was involved in a serious injury or wrongful death due to the above causes, you may be able to file a lawsuit. Professional help is required to assess your damages and review your case. It is important to find an experienced attorney who knows how to navigate the complicated process. To learn more, contact a David R. Heil today. We are sure to handle your wrongful death suit with care.

When Are Hospitals Liable for Diseases a Patient May Contract While There?

November 5, 2014 by David R. Heil, PA

All hospitals are meant to provide the necessary treatment you need, and to do this, they have to ensure that the environment and the hospital itself are safe for you and your loved ones.

Unfortunately, this is not the case as it is possible to contract some diseases while in the hospital that could further compromise your health and make you sicker. According to the Center for Disease Control and Prevention, about one in 20 patients contracts an infection while in the hospital.

Unfortunately, more than 100,000 individuals die from these conditions. Common illnesses that anyone can get while in the hospital include urinary tract infection, bloodstream infections, lung infections like ventilator-associated pneumonia (VSA), surgical site or wound infections.

All of these infections are known as Hospital Acquired Infections (HAI). Thankfully, many of these infections are not very common, but still they do happen. If you get infected and your condition worsens, what can you do? Whom can you hold liable? Well, that depends on a few factors:

[Read more…]

Signs You’ve Fallen Victim to Pharmacy Negligence

September 22, 2014 by David R. Heil, PA

When it comes to the issue of health and wellness, there’s no room for any error. Medical and pharmacy errors in particular can have very severe and damning consequences for both the patients and the healthcare providers.

Unlike in the past when all pharmacists had to do was just dispense drugs prescribed by the doctors –which, of course, made them less liable in the event of any adverse drug reactions – pharmacists are now required to play a bigger role in healthcare.

In fact, recent studies suggest that pharmacy negligence and errors are vastly underreported and that about 3% of all hospital admissions are due to medication errors caused by the pharmacist’s oversight or mistake in dosage or prescription. In the US alone, the amounts of prescriptions filled are often in excess of 3.5 billion a year. Furthermore, of these cases, about 1.1 billion are filled at a local pharmacy or nearby Walgreens.

[Read more…]

Medical Malpractice Basics

March 25, 2014 by David R. Heil, PA

Understanding Medical Malpractice and Filing Medical Malpractice Claims

When a medical professional, such as a physician, fails to conduct their medical duties in a competent and responsibly way and causes harm to a patient it may be considered medical practice. However, these cases are governed by strict rules that define specific requirements needed before a case can be presented in court. While these laws vary from state to state, there are general guidelines that apply to the most common types of medical malpractice claims. Here is an overview of the general principles regarding filing claims.

Basic Medical Malpractice Claim Requirements

If you believe that you or a loved one was harmed by a medical professional and you want to file a medical malpractice claim against that physician, you will be required to prove –

- That you had a medical relationship with the physician you are filing the claim against. You can’t file a claim against a physician who was not directly involved in your care. For example, you cannot file a claim against a physician for advice given to someone else. In fact, filing a claim against a physician who was consulted in your care can be difficult if they did not treat you. Proving the relationship is a basic component of the lawsuit and generally very easy to prove. [Read more…]

How to report nursing home neglect?

What is considered nursing home neglect?

Other common signs of nursing home neglect include:

How to sue a nursing home for neglect

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The Most Common Causes of Wrongful Death

Medical malpractice

Car or bike accidents

Workplace injuries

Get professional legal help

Contact Me

Practice Areas

When Are Hospitals Liable for Diseases a Patient May Contract While There?

Contact Me

Practice Areas

Signs You’ve Fallen Victim to Pharmacy Negligence

Contact Me

Practice Areas

Medical Malpractice Basics

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Practice Areas

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