Reviewed byExperienced FL Home Health Aide Negligence Lawyers Serving Victims of Home Health Abuse & Neglect
Florida home health aide negligence can lead to catastrophic injury. We pay private duty aides, usually provided through a home health agency, to come into our homes or into a facility to care for our elderly family members. Unfortunately, these agency nurses are not always the most attentive. Florida private duty aides are not required to have a license or certification. Many home health agencies do not adequately train and screen their caretakers before sending them out to new clients. The results are tragic. Home health aide abuse and neglect commonly results in serious injury or wrongful death.
Common Florida Home Health Aide Injuries Resulting in Negligence Lawsuits
Each case against a private aide is different. Yet in the decades that our lawyers have handled Florida home health aide lawsuits, we notice a persistent trend. The following injuries strongly suggest private nurse negligence, which may warrant you bringing a lawsuit:
- Development of bedsores
- Allowing a patient to fall
- Unexplained fractures and broken bones
- Severe dehydration or undernourishment
- Sexual assault
- Dropping a patient during a transfer
- Car accidents while the private aide is driving
- Medication mistakes
Demand Senior Justice
Not all in-home aides provide the same kind of care. Sadly, you’ve learned that the hard way. The same is true for lawyers. Be sure to choose the right kind of attorney for your case. Our Florida elder abuse lawyers focus their attention on cases against negligent nurses, nursing homes, ALF’s and home health aides. Florida elder abuse cases are the focus of our firm. Our lawyers have successfully pursued elder abuse cases in Florida since 1972, and we have some of the largest verdicts in the state. Most important, we approach each home health aide negligence case with passion and persistence. We understand how angry you are following a preventable private aide injury or death. We want to help you on your journey to justice. Call to speak with our experienced and caring attorneys now about your case. The consultation is free and we only get paid if you make a recovery. Call now at 1-844-253-8919.
Explaining Liability in Florida for Home Health & Private Aides
Successfully suing a home health aide in Florida will depend on where and how the injury occurred.
Home Health Aide Lawsuit for Injuries at Home
If a home health aide is supposed to be caring for a patient in their home and that patient is wrongfully injured, the liability falls squarely on the private duty aide. The negligent home health aide can be held accountable in a lawsuit against the aide, and possibly the responsible home health agency. This is considered a Florida home health aide negligence lawsuit.
Suing a Private Duty Aide for Injuries Inside an Assisted Living Facility
More and more, we see assisted living facilities allowing high-risk residents to remain inside the facility if they hire a private aide to supervise them. This is contrary to the legal requirements of an ALF. The Florida Administrative Code governing assisted living facilities require that the facility should send the resident out to a skilled nursing facility if they cannot properly care for the patient. Failing to do so is an example of Florida assisted living facility negligence. Regardless of whether it is right, we are seeing a growing trend of high-risk patients remaining in assisted living with the hiring of a private aide.
So what happens if something terrible happens inside the assisted living facility while the private aide is there? Who is responsible for the injury? Each case is different, but depending on the facts, one or both parties may be responsible. We have handled numerous cases where a resident was wrongfully injured inside an assisted living facility with a private aide present. You likely have a case against both the assisted living and the private aide. If this scenario happened to you or a loved one, contact us now for more information.
Can I Sue the Home Health Aide Agency for Negligence?
Typically, the average home health aide does not carry a separate insurance policy. For this reason, home health agencies do their best to avoid employment relationships with their aides for liability purposes. The typical defense in a private duty aide negligence lawsuit is that the agency did not employ the aide, but rather, the aide was an independent contractor.
The law is clear that the words on a self-serving contract do not define the relationship between aide and agency. Instead, the agency may still be held liable if it can be proven that the aide was an agent of the agency. This comes down to the right of the agency to control the aide. Our attorneys have successfully proven agency liability through this right to control legal theory, thereby attaching liability to the private duty aide agency on behalf of its aide’s negligence. If you face this potential legal issue in your claim, speak with our experienced home health aide neglect lawyers now.
Adult Protective Services Act (Ch. 415) Claims Against Home Health Aides & Agencies
Florida law recognizes special protections for ‘vulnerable adults’ who are abused by their caretakers in the Adult Protective Services Act. Nursing Home and ALF residents are specifically unable to bring this APSA Chapter 415 claim against negligent facilities; however, a private duty aide can be sued under Chapter 415 of the Florida Statutes. This is significant because if a party prevails under Chapter 415, the party may be awarded additional attorney’s fees and costs.
More Questions About Private Caretaker Neglect?
Contact us now at 1-844-253-8919 to speak about your potential private duty aide neglect lawsuit.
