Below are answers to some commonly asked questions. Click on a question below to find out more information.
FAQ CAR
Q: What is your experience with long term care cases?
A: I have successfully been dealing with long term care cases including nursing home, adult living facilities, and home health care agencies for my entire career, which is over 30 years. During that time, we have honed in on what the problem areas generally are with these facilities, the employees, and the care they give to our loved ones. We know what to look for as far as possible signs and symptoms of negligent care, abuse, emotional abuse, sexual abuse, physical abuse, which could be any of the above or all of the above. We know what to look for and we investigate these claims regularly. Romaguera Law Group’s success, experience, skill, and talent can benefit your case.
Q: What is your experience with medical malpractice cases?
A: I have been working with medical malpractice cases my entire career which spans more than 30 years with great success. My father was a physician and I took a liking to medical malpractice cases because they are unique and are also complex. To maintain a medical malpractice law suit costs a lot of money but it can be very worthwhile, in some cases. Romaguera Law Group’s success, experience, skill, and talent can benefit your case.
Q: I think I may be the victim of medical malpractice. What should I do?
A: If you believe you or a loved one are the victim of medical malpractice, you should retain an experienced and capable attorney specifically familiar with medical practices, such as Romaguera Law Group, to determine whether or not reasonable grounds exist for you to bring a claim for such. These cases are driven first by hiring an expert in the field of medicine that corresponds to the given injuries or cause of death. This physician reviews the facts and events of the case and gives an opinion as to whether or not the standard of care was met. If the standard of care was not met, a lawsuit can be filed. With Romaguera Law Group’s success, experience, skill, and talent you’re in good and capable hands.
Misc Q&A
Q: I was injured in a car accident and now my insurance company doesn’t want to pay for my medical bills. What should I do?
A: If you’re injured in a car accident and your own insurance company refuses or is unwilling to pay your medical bills, you should seek an attorney familiar with reviewing automobile policies to review your contract with that insurance company and, if necessary to force them to abide by the terms of their contract. Romaguera Law Group’s 30+ years of successfully working with insurance companies and knowing their strategies, along with our experience in reviewing this type of information and obtaining premium results, can be very beneficial to your potential case.
Q: Is my case likely to go to trial?
A: Over the course of 30+ years that I’ve been doing this, most cases do not go to trial. 98% of cases settle before trial so it is very unlikely that your case will go to trial. However, we have the trial experience here to be able to take your case to trial if need be, if the opposing side is not able or is unwilling to settle the matter. We are ready, willing, and able to try your case, as we have many, many times over the years. The Trial Dog will work for you, call Romaguera Law Group.
Q: Why is trial experience important when I hire an attorney?
A: Trial experience is extremely important. Not all attorneys are skilled in the courtroom, and some, like Raul Romaguera, are more skilled than others. One must know the rules of evidence, which lawyers are trained on, but more than that, the opposing side needs to believe that you are capable of trying a case and trying it well. Romaguera Law Group attorneys inspire respect from their opposing counsel making them more willing to come to a negotiating table to resolve a case without the need of trial, without the need of 6 strangers to decide a case. Knowing there is a talented and experienced trial lawyer on the other side is sufficient, oftentimes, for companies, insurance companies, or defendants to come to the table and want to resolve the case. Romaguera Law Group is successful, well experienced, and provides the skill and strategies necessary to get justice for your case.
Q: My loved one was injured in another part of the state. Can you still help me?
A: Romaguera Law Group is a full state practice. We have cases in every part of Florida, including Pensacola, Gainesville, Jacksonville, Tampa and Miami. We service every part of Florida.
Q: Why is it important to have an attorney with your kind of experience in any case?
A: As with most things in life, experience matters. It matters because we are able to review materials, whether it be medical records or other types of records – staffing charts, autopsy records, traffic crash reports, etc., and be able to assess whether a valid claim exists. At times, we look at the records but there is no valid claim for a suit. We are honest with our clients. Based on our experience we know when there are and aren’t valid claims. When there is a valid claim, Romaguera Law Group has the success, experience, and skill to fight for the highest level of justice for your case and win.
Dialysis Q&A
Q: What is your experience with medical malpractice cases?
A: I have been working with medical malpractice cases my entire career which spans more than 30 years with great success. My father was a physician and I took a liking to medical malpractice cases because they are unique and are also complex. To maintain a medical malpractice law suit costs a lot of money but it can be very worthwhile, in some cases. Romaguera Law Group’s success, experience, skill, and talent can benefit your case.
Q: My loved one slipped and fell in a dialysis center. What are some of the ways this could have happened?
A: Slip and falls in dialysis centers are not uncommon. Each time prior to being dialyzed, patients are required to wash their hands at community sinks. Oftentimes, patients will wash their hands and leave water on the floor because it simply drips from their hands. If the dialysis center is not attentive, it creates a problem of a slippery floor and the next dialysis patient might slip and fall on water which the dialysis center knew or should have known was there because the sink is there. These are community sinks; they aren’t usually in bathrooms. Oftentimes, there are no paper towels or there are no mats. In those instances, it can create a dangerous condition which might cause injuries. Should this happen to you, call Romaguera Law Group and we’ll review the situation in a professional and experienced manner.
Q: What are some other ways that patients can be injured in dialysis center?
A: Dialysis centers by their very nature can be dangerous places. They are essentially taking your blood out of your body, putting it into a machine and basically replacing it after being dialyzed. Because of this exchange of blood leaving the body, bad things can happen. Blood lines can come off, somebody can very quickly lose a lot of blood and cause either severe injuries or death. We’ve handled many, many of these cases over time. They’re tragic but they do happen.
We’ve also seen other situations where needles are left in the patients, the patients go home with needles still in them, and then suffer a catastrophic loss as a result of exsanguination (they bleed to death).
Romaguera Law Group is very well versed and successful in litigation concerning dialysis centers. These are very specialized facilities and if a tragedy occurs during or after dialysis, an attorney who is competent in understanding the complexities of dialysis is essential.
Q: Are dialysis centers always open?
A: Most stand-alone dialysis centers run 16 hours a day for 3 shifts, one in the morning, one in the mid-day and one in late afternoon. These centers are essentially running 6 days a week from 5 in the morning until 8 at night.
Q: Who runs the dialysis centers?
A: Most dialysis centers are run by a nurse. Depending on the patient load, several nurses can be present. However, the bulk of the work and supervision of patients are rather left to the dialysis technicians. Dialysis technicians have received 6 weeks of CNA training and some additional training to be a dialysis technician. But dialysis centers usually only have 1 or 2 nurses for the entire facility.
Med mal Q&A
Q: What is your experience with medical malpractice cases?
A: I have been working with medical malpractice cases my entire career which spans more than 30 years with great success. My father was a physician and I took a liking to medical malpractice cases because they are unique and are also complex. To maintain a medical malpractice law suit costs a lot of money but it can be very worthwhile, in some cases. Romaguera Law Group’s success, experience, skill, and talent can benefit your case.
Q: I think I may be the victim of medical malpractice. What should I do?
A: If you believe you or a loved one are the victim of medical malpractice, you should retain an experienced and capable attorney specifically familiar with medical practices, such as Romaguera Law Group, to determine whether or not reasonable grounds exist for you to bring a claim for such. These cases are driven first by hiring an expert in the field of medicine that corresponds to the given injuries or cause of death. This physician reviews the facts and events of the case and gives an opinion as to whether or not the standard of care was met. If the standard of care was not met, a lawsuit can be filed. With Romaguera Law Group’s success, experience, skill, and talent you’re in good and capable hands.
Q: Do I want to keep re-living my loved one’s death through a lawsuit?
A: The purpose of wrongful death suits is never to bring back your loved ones. The purpose of wrongful death suit is to seek justice, and hold someone accountable for the untimely and/or painful death of your loved one. Wrongful death lawsuits are brought to try to serve justice on behalf of yourself or family for the loss of that loved one. They are not intended to replace that loved one, simply a means for obtaining justice for the wrongful death of your loved one. This question can only be answered by you. If you so choose this path, Romaguera Law Group will fight for the justice the wrongful death of your loved one deserves.
Long term care Q&A
Q: What is your experience with long term care cases?
A: I have successfully been dealing with long term care cases including nursing home and adult living facilities for my entire career, which is over 30 years. During that time, we have honed in on what the problem areas generally are with these facilities, the employees, and the care they give to our loved ones. We know what to look for as far as possible signs and symptoms of negligent care, abuse, emotional abuse, sexual abuse, physical abuse, which could be any of the above or all of the above. We know what to look for and we investigate these claims regularly. Romaguera Law Group’s success, experience, skill, and talent can benefit your case
Q: I’m being told that my loved one developed an unavoidable pressure sore/ulcer. How do I know if the wound was unavoidable or avoidable.
A: According to the Centers for Medicare and Medicaid Services, an avoidable pressure sore/ulcer “means that the resident developed a pressure ulcer and that the facility did not do one or more of the following: evaluate the resident’s clinical condition and pressure ulcer risk factors; define and implement interventions that are consistent with resident needs, resident goals, and recognize standards of practice; monitor and evaluate the impact of the interventions; or revise the interventions as appropriate.”
The Centers for Medicare and Medicaid Services defines unavoidable pressure, sores/ulcers as meaning “that the resident developed pressure ulcer, even though the facility had evaluated the resident’s clinical condition and pressure ulcer risk factors; defined and implemented interventions that are consistent with resident needs, goals, and recognized standards of practice; monitored, and evaluated the impact of the interventions; and revise the approaches as appropriate.”
Often times clients are told that their loved ones suffered unavoidable pressure sores, so as try to avoid blame. They might go so far as to tell you that the pressure sores were unavoidable and show you documentation indicating so. It does not necessarily mean the pressure sure was unavoidable. Only a review by an expert can tell you whether the pressure sore that developed was avoidable or unavoidable. While there are some unavoidable pressure sores, most are avoidable with proper care. If you find that a loved one has developed a pressure sore, contact Romaguera Law Group and we will help to try to determine the cause.
Q: I think my loved one isn’t being treated properly at a nursing home. What should I look for?
A: If your loved one is not being treated properly at a nursing home or an adult living facility, there are some tell-tale signs. You know something is wrong if you see a loved one who has unexplained bruising or has fallen repeatedly, either with or without injuries. Maybe your loved one is more or less agitated than usual. The agitation may be due to several factors, including over medication or under medication or simply abuse, even emotional abuse that has been visited upon them by the staff member(s). The staff is generally comprised of good people but there are always bad apples in a cart and those people need to be exposed and disposed of. Always be aware of pain that your loved one may express concerning their backside when sitting, or even walking. This could be a sign of bed sores. While at times bed sores are unavoidable, often times they are and this may show a lack of attention to the resident who is not being moved enough. Call Romaguera Law Group for a further evaluation if you believe your loved one hasn’t been treated properly.
Q: What should I do if I suspect nursing home abuse or neglect?
A: If you suspect your loved one is being abused or neglected by a long term care facility such as a nursing home, assisted living facility, or home health care, contact an attorney, an attorney who has experience and skill in reading long term care/nursing home records such as Romaguera Law Group. These records are different from regular medical records. You also don’t want to rely on what the staff is or isn’t telling you. The long term care medical records should give the story on what actually happened, and there should be an explanation as to why your loved one has signs or symptoms of something not being right.
Q: Why should I call Romaguera Law Group if I suspect nursing home or assisted living abuse?
A: If you think you have a potential claim against a long-term care facility such as a nursing home, adult living facility, or home health care agency the first thing you have to do is contact attorneys with requisite knowledge and skill to be able to review records, to interview people if need be, and to conclude whether or not there is a case. Successfully working such cases for over 30 years, Romaguera Law Group has this knowledge and the long standing skills and abilities needed to identify issues specific to long term care and, if appropriate, go to bat for your loved one. There is no charge for these investigative services, in fact there is no charge to bring a case unless you win. Contact Romaguera Law Group. We will investigate your case and, when appropriate, prosecute it to make sure justice is served.
Q: My loved one is at an assisted care facility and appears to have become much more unhappy and/or depressed over the past few months. What are some of the reasons that might be?
A: If your loved one has changed in attitude or seems to be more agitated, or communicates with you that something at the facility is making them less happy, or they are unable to communicate with you and you suspect something at the facility, those reasons should be investigated by an attorney evaluating the records, seeing what’s there, talking to the staff and, talking to other members of the community and finding out what’s going on. Some of the questions to investigate if you see a change in your loved one are: Do they exhibit signs of physical or mental abuse? Do they have bruising? Have they fallen a lot? Have you checked them for bed sores? Have you reviewed their medications; are they over or under medicated? How are their eating habits; are they malnourished? Are they dehydrated? If in diapers, do they have rashes which may be uncomfortable and painful? If the answer to any of these questions is yes, consult Romaguera Law Group for further examination of the situation.
Q: Why is there a difference between overmedication versus undermedication?
A: Overmedication tends to happen when staff members don’t want to, or don’t have the time to, pay a great deal of attention to an otherwise active person. They would rather overmedicate your loved one which makes for an easier patient for them to provide care. There are some instances undermedications happen when staff members chart that they are giving your loved one medications but they do not; they may keep the medications for themselves, to either take or sell, while pretending to give the medication to your loved one.
It’s wise to review your loved one’s medications every 6 months, and more often if there’s a new current medical issue, to ensure they aren’t being overmedicated or undermedicated. If you feel this is an issue, consult with their doctor. If you still have questions don’t hesitate to consult a third party doctor for a second opinion.
Personal Injury Q&A
Q: Who can I sue if I am bitten by someone’s dog?
A: By Florida law one can bring an action against the owner of the dog. Some Homeowner Policies may provide coverage for such an incident. If you have been bitten by a dog, first seek medical attention. Next, be sure to document your injuries by way of photographs of the dog and any injuries, as well as medical records. Also seek to obtain the dog owner’s name, phone number, and address as well as any witnesses to the incident. If the police are necessary, be certain to obtain a copy of the report.
