Reality, of course, is much different from television drama.  Many civil disputes are resolved before a lawsuit is even filed.  Of those that are filed, well over 9 out of 10 are settled without the client ever setting foot in the courthouse.  Florida has a very strong pre-trial mediation program.  This program is mandatory, and no case can go to trial in Florida without first going through the mediation process.  Trained mediators help the parties try to reach a compromise they can live with.  We have had great success in resolving cases through pre-trial mediation.

Of course, not every case settles before trial.  We have found that, after getting over the initial butterflies, our clients almost universally agree that the process is not as bad as they expected.  Palm Beach County is blessed with the finest judiciary in the State of Florida.  Our Judges do not allow the sort of behavior seen on television dramas, and the experience is simply not as nerve-wracking as TV would suggest.

Our lawyers have a vast amount of trial experience. Insurance companies and defense lawyers know this.

Our abilities in the courtroom allow us to resolve most of our cases before trial.  While it might be natural to have feelings against “going to court,” that should never be a reason for not pursuing a valid claim.

1.  Visit frequently – The best way to insure your loved one is receiving proper care is to observe the care personally.  If the staff knows that you are actively involved in the resident’s care, they will be more cognizant of meeting the resident’s needs.

2.  Vary the dates and times of your visits – Try to avoid a set visitation schedule.  If the staff knows you are always there at the same day and time, they will be ready for you.  If they never know when you are coming, they will always have to be ready by providing proper care.

3.  Speak to the aides and nurses – Establish a good rapport with the staff.  Effective communication can be helpful in making certain that the residents’ needs are met.  Equally important, the staff will feel comfortable alerting you to any potential problems.

4.  Be involved – A health assessment of the new resident begins on day one.  The comprehensive assessment must be completed within fourteen days.  You have the opportunity to be involved in the care plan process – take advantage of it.  The care plan will address each are of the resident’s daily needs, including nutrition, hydration, therapy, social interaction, mobility, and safety issues.  You will know more about your loved one’s history than the nursing home can obtain in this short period of time.  As a result, your insight is invaluable – share it, be active and stay involved.  The more you are involved the harder the staff will work to make certain that the resident’s needs are met.

5.  Stay involved – At the time of each visit, review the chart.  If an entry is illegible, do not hesitate to ask the staff to read it to you.  Review the meal schedules and medication schedules – make sure that the staff is actually performing what they are documenting. If you catch a fraudulent chart entry, that is a problem that must be dealt with immediately as it may be evidence of much larger issues.

6.  Report problems – If you have an issue with the care provided, make your concerns known.  First, speak with the staff and let them know your complaint.  They might not have been aware that there was a problem.  If that discussion does not result in a satisfactory response, go up the chain of command.  Speak with the Director of Nursing (DON) and then the Administrator.  If all else fails, contact the local Ombudsman.

Selecting the proper nursing home for a loved one, and protecting them after admission to the facility, can be a daunting and nerve wracking task.  Following these steps will help decrease the stress and make certain that your loved one receives proper care.

1. Health inspection reports;
2. Fire safety inspection reports;
3. Staffing rates;
4. Quality measures; and
5. A five star rating system.

Once you have ruled out the bad apples and narrowed your search, begin your investigation on a local level.  Speak with your family and friends about their experiences with the nursing homes you are considering.  Were they happy?  What problems or concerns did they have with the facility?  Did their loved one engage in daily activities?  What did they notice when they visited the facility?  Also, speak with your loved one’s internist who should have a good handle on the facilities in the area.  Finally, contact your Long-Term Care Ombudsman.  The Ombudsman visits nursing homes throughout the year to make sure each resident receives proper care.  He or she can provide general information about each nursing home, and also help you compare each nursing homes’ strengths and weaknesses.

Once you have tailored your search to your final choices, visit each nursing home personally.  Take a tour of the entire facility.  Find out what you can expect from the facility – were there ongoing activities and opportunities for social interaction?  Did the facility have a warm feeling to it or was it setup like an institution?  Was it clean with a pleasant smell?  Were any of the residents left unattended and in need of care?  Was the staff pleasant and helpful?  Was the facility properly secured?