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I am a trial attorney who had been practicing law for ten years. Attorneys only hire the best when the things that matter the most in their own lives are threatened with harm. That is why I hired Christopher R. Largey of Largey Law when my ...
I am a trial attorney who had been practicing law for ten years. Attorneys only hire the best when the things that matter the most in their own lives are threatened with harm. That is why I hired Christopher R. Largey of Largey Law when my family, children, and career were maliciously attacked and deceitfully threatened. Mr. Largey is respected by our judges, other attorneys, and the community at large, and as a result he is routinely hired by lawyers who need to be represented fully. He never backs down, he is never pushed, and he is compassionate. He absolutely understood the gravity of the family dynamic that he had to protect in my case. Whenever a lie was told, he would immediately and aggressively confront it head-on, exposing the same. His skillful use of courtroom practice and his knowledge of the evidence code brought the truth to light. The result was a resounding legal victory that protected my children, as well as the complete vindication of my character and my career. Though Chris is not even a family law lawyer, I knew he was the right attorney for this challenge. He stood there for me, and I will never regret hiring him for as long as I live.
Following my car accident I was referred by a friend to Largey Law Firm. Chris Largey agreed to take my case. He and Rosie along with his staff were very reassuring that they would take care if all my legal issues dealing with the insuran...
Following my car accident I was referred by a friend to Largey Law Firm. Chris Largey agreed to take my case. He and Rosie along with his staff were very reassuring that they would take care if all my legal issues dealing with the insurance companies. He was not only concerned about my case but also about my physical condition. Chris referred me to health care workers that were a great asset to my healing process. Chris handled everything for me which allowed me to concentrate on healing. I would highly recommend the Largey Law Firm to anyone who needs someone to get justice for them.
As a family law attorney, I had the opportunity to work with Chris in a case involving an injunction that was part of a family law matter that I was involved in. I wholeheartedly recommend him as a criminal law attorney. In my opinion, he ...
As a family law attorney, I had the opportunity to work with Chris in a case involving an injunction that was part of a family law matter that I was involved in. I wholeheartedly recommend him as a criminal law attorney. In my opinion, he is one of the best I have ever had the pleasure of working with!
Informative friendly and helpful professional. Passionate and caring for the right of the person represented.
How To Prove a Case of Health Care Aide Neglect or Abuse
- posted: May 30, 2019
A patient who wants to hold a health care provider liable for an act or omission that injured a patient must meet a set of strict standards, which include extensive pre-suit investigation, medical expert testimony and proof of failure to meet the professional standard of care. These standards apply to suits against physicians, chiropractors, dentists, nurses and physical therapists.
However, those requirements do not apply when care is rendered by others in the health care field, such as certified nursing assistants (CNAs), emergency medical technicians (EMTs) and nursing home administrators. What happens when they neglect the people in their care?
Claims against such personnel are for simple, garden-variety negligence, much like claims arising from an auto accident or slip-and-fall. That means they are not subject to Florida law’s rigorous requirements for medical malpractice actions.
Claims against physicians almost always require expert testimony due to the complexities of proving whether and how the professional standard of care was breached. Expert witness fees and related costs can be exorbitant. But for a typical lawsuit against a CNA or EMT, such testimony is not essential to prove whether the defendant acted reasonably under the circumstances.
For instance, if a CNA ignores a patient’s calls for help or fails to properly secure her in her wheelchair, a juror is capable of understanding that those actions are negligent based on his or her experience and common sense. Ditto where an EMT accompanying a patient in an ambulance fails to administer adequate life-saving measures.
That is not to say expert testimony is unhelpful in such cases. There may be times when the correct actions that should have been taken by the health care aide are in dispute. Another issue is whether and how much a patient’s injuries are due to the underlying illness that required medical treatment. This might require expert medical testimony about the cause or causes of the patient’s injuries.
Still another gray area is where a health care aide assists in a procedure performed by a doctor or other medical professional. The standard of care applicable to the doctor will be relevant to evaluating the aide’s conduct under the circumstances.
Moreover, if a defendant health care aide offers an expert opinion to show that reasonable care was taken, that evidence is best countered by the plaintiff calling his or her own expert.
If you suspect you or your loved one has been injured by negligence or neglect of health care personnel at a hospital, nursing home or other treatment center, the personal injury lawyers at Largey Law can determine whether you have a cause of action to recover damages. For a free consultation at any of our offices in Clermont, Tavares and Inverness, call us at 352-253-0456 or contact us online.