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Miami Personal Injury Attorney > Blog > Personal Injury Attorney > Florida Man Sues Nursing Home For Financial Exploitation And Wrongful Death

Florida Man Sues Nursing Home For Financial Exploitation And Wrongful Death


A Florida man is suing an Iowa nursing home for the death of his aunt. Among the allegations leveled against the nursing home are accusations that one of the nurses stole thousands of dollars from the woman prior to her death. She is currently facing criminal charges related to that offense. However, the nursing home is further accused of neglect, abuse, and medical malpractice after the woman allegedly died of a preventable illness. In this article, we’ll discuss the allegations against the nursing home.

The nurse 

One nurse is facing criminal charges related to 8 counts of forgery and another count of dependent adult abuse. The nurse made several unauthorized payments with the victim’s credit card and forged her name on several checks. The total amount stolen was over $10,000. She also used the woman’s Amazon account to ship several items to her home. So, it wasn’t the most diabolically devious of schemes, it was a crime of opportunism that was allowed to occur because the staff was not supervised appropriately.

The nursing home 

While the nurse is implicated in the financial exploitation of the patient, the nursing home has been implicated in a host of negligence and medical negligence accusations. This included allowing preventable conditions to occur under their care that ultimately resulted in the patient’s death. Without knowing the details, it is likely that the victim was suffering from severe bedsores resulting from a failure to turn the patient if she was bedbound. The nursing home is further accused of failing to provide reliable charting of services rendered to the victim including the proper administration of medication and nutrition.

What would happen in Florida? 

Florida has very specific rules concerning who can file a medical malpractice lawsuit against a doctor. These rules do not apply to any other form of personal injury claim. In Florida, you must be either spouse or a dependent unless your child is under 26 years of age. If your child is over 26 years of age, they cannot file a lawsuit alleging medical malpractice. The Florida House recently voted to rescind this provision known as the “free kill law” that prevented doctors from facing medical malpractice lawsuits in cases where there was no spouse to sue on their behalf.

Iowa has different rules. The executor of the patient’s estate can sue on their behalf. In this case, an adult nephew of the victim has filed the suit on his aunt’s behalf. If the bill is passed in the Senate, adult children would be allowed to sue if their parent is killed by a negligent doctor or nursing facility. The measure has bipartisan support. Florida was the only state to change wrongful death lawsuits to accommodate negligent doctors.

Talk to a Miami Nursing Home Abuse Attorney Today 

The Miami personal injury attorneys at the office of Alan Goldfarb, P.A. represent the interests of grieving families when their loved one is lost to nursing home abuse or medical negligence. Call today to set up a free consultation and we can begin discussing your case immediately.



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