By Heba Elsherif  |  February 13, 2019

Category: Elder Abuse

Elderly man in nursing home bed receiving care from nurseA man has filed a nursing home fall injuries lawsuit as the personal representative of his mother’s estate, naming New Riviera Nursing & Rehabilitation Center as defendant.

Plaintiff Carlos R. is filing the nursing home fall injuries lawsuit on behalf of Isabel G. in Florida federal court. The lawsuit was filed on Aug. 3, 2018.

According to the nursing home fall injuries lawsuit, Isabel was an adult resident, sixty years of age, of Dade County, Fla.

Before being admitted to New Riviera on July 11, 2017, she allegedly suffered conditions that included the infirmities of aging, difficulty walking, a medical history of gait instability, coronary artery disease, congestive heart failure, muscle weakness, anxiety disorder, gastroesophageal reflux disease, polyneuropathy and lupus, the lawsuit states.

Upon her admission, she was dependent on the facility and staff for all her needs, the plaintiff says. However, the lawsuit alleges that the staff failed to provide the necessary and proper monitoring that she needed. It states that they “failed to supervise and failed to take the appropriate and necessary precautions to prevent” Isabel from falling on one detrimental occasion.

The occasion was a catastrophic fall that Carlos says occurred on July 13, 2017. He says the fall led her to suffer facial lacerations, the development of aspiration pneumonia and head contusion, which allegedly led to her death on July 19, 2017.

The nursing home fall injuries lawsuit was filed on a count of a death claim and demands a trial by jury.

Overview: Nursing Home Fall Injuries

Nursing home abuse lawsuits are filed for several different reasons. Nursing home abuse is a very real issue and thousands of lawsuits are brought against nursing homes every year.

Attorneys with nursing home abuse experience can help assist victims their families affected by nursing home neglect or abuse by providing advice and information on how to proceed with the filing of a nursing home abuse lawsuit.

Elders who have been abused have as much as a 300 percent increased chance of death in the three years after that abuse took place. For citizens 65 years of age or older, almost 1-2 million of them have been injured and mistreated by a caregiver. Research also suggests that only 1 in 14 elderly abuse cases come to the attention of state and local authorities.

Financial exploitation of the elderly is also reported to occur in one out of 25. Additionally, almost 20,0000 cases of exploitation, abuse or neglect were reported from assisted living facilities and nursing homes in 2003.

Mistreatment is equivalent to neglect which refers to acts of omission. Different kinds of mistreatment may also occur at nursing homes or within assisted living facilities. They include:

  • Sexual abuse – including non-consensual sexual contact such as the witnessing by a senior of sexual acts.
  • Abandonment – The desertion of the care for a vulnerable person by a responsible party including in the event of a natural disaster.
  • Physical abuse – Such as the deprivation of necessities or inflicting physical pain.
  • Neglect – A responsible party or individual failing to provide necessities such as health care, protection, food, and shelter. Signs of nursing home neglect can include fractures from falls, dehydration, chronic infections, urinary tract infection, malnutrition, and pressure sores.

The Nursing Home Injuries Lawsuit is Filing No. 75949193 in the Circuit Court of the 11th Judicial Circuit, in and for Miami-Dade County, Florida.

In general, nursing home neglect lawsuits are filed individually by each plaintiff and are not class actions.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual nursing home neglect lawsuit or class action lawsuit is best for you. Hurry — statutes of limitations may apply.

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