Pre-Trial in Tampa Nursing Home Abuse Cases
Evidence for a pre-trial in Tampa nursing home abuse case includes documents from the nursing home, the entire person’s file, the nursing notes, and the staff documentation and the sign-ins. Before trial, a nursing home abuse case functions as if it is going to trial because the pre-suit statutory obligations require that nursing homes be placed on notice and that a very specific set of obligations has to be met in order for a claim to get as far as being able to file in a court of law.
The injured party and their family as well as the nursing facility specific and medical providers that can be identified individually, in addition to nursing staff, parents, companies, and sometimes there are various levels of corporations that are involved in the ownership, management, and care of a patient.
If you or a loved one are filing a charge for abuse in an assisted living facility, an experienced nursing home abuse lawyer can help you build your case. An attorney can assist you in preparing for a pre-trial in your Tampa nursing home abuse case.
Short Pretrial vs. Long Pretrial
If it is a very short amount of time to consider the Tampa nursing home abuse claim. The problem is that the person cannot bring a cause of action until the defendant has had a full opportunity to vet their case. Sometimes, it is beneficial because the longer the pre-suit period the more information and the more discoveries that are being conducted, then the better the person’s chances that a person’s claim will settle for the appropriate value before litigation ensues. The downside is that there is a delay and the person is not making their case any better because time is not on the person’s side in these types of pre-trial in Tampa nursing home abuse cases.
Within the context of law, prima facie is a Latin term that means “on its face”. This means that the person is bringing a cause of action that needs the statutory requirements in the state of Florida. Unless a person has a prima facie showing that a nursing home owed them a duty that was breached, the standard of care set forth in the statement of the patient’s rights then the person does not have the right to bring a cause of action against that nursing facility.
Tampa nursing home abuse lawyers establish a prima facie case of negligence by showing that the nursing home or its employees or agents breached the standard set forth in the Florida patient’s bill of rights and that the breach led to the damages suffered by the patients. Prima facie claims are imperative, without a prima facie showing, a person can not even get to court.
A prima facie case is a case where the abuse, neglect, or error was something that a medical provider in a fully situated position would have realized was either appropriate or inappropriate and for failure of that breach, the patient would not have been injured and that is their standard and then the person has to prove damages.
Preparing for Trial
During pre-trial in Tampa nursing home abuse cases, the individual is obligated to engage in the pre-suit statutory pre-suit negotiations and they should seek the advice of counsel that is learned in this type of cause of action. Not as often as necessary for a guardian to be placed in order to bring the claim forward on their behalf.
The individual being charged should avoid disparaging comments, avoid discussing the case with the nursing home themselves or speaking with the lawyers or with the other party without representation of counsel. They should also make sure that they are getting in contact with a lawyer in a timely manner because there is a very short statute of limitations in these types of matters and based on those restrictions. It is imperative for a lawyer to be on a pre-trial in Tampa nursing home abuse case as quickly as possible to avoid having spoilage which means loss of evidence.
A Tampa nursing home abuse lawyer will engage in the appropriate pre-suit period, they will interview the appropriate witnesses, they will procure the appropriate documents, they will get whatever statements are necessary to be able to prove the cause of action and the opposite discussed that those potential claims with the opposing party have the mandatory sub-mediation.