fighting against nursing home abuse and neglect

Every individual deserves to live with safety and dignity, especially our elders who live in nursing homes and other populations that require assisted living. Tragically, even in environments designed to protect the most vulnerable people, neglect and abuse happen far too often. Thankfully, Florida nursing home laws exist to ensure basic human rights and higher standards of treatment are respected. When those who are meant to be cared for become the victims of abuse, lowercase personal injury lawyers fight to protect their rights.

Our team believes nursing home patients should be provided a clean, supportive and healthy living environment. Furthermore, we urge patients or family members who feel the quality of care has been compromised to seek legal assistance. Our personal injury attorneys will work tirelessly to seek justice for anyone who has been the victim of nursing home abuse. With this in mind, call lowercase today at 833-LOW-FEE5 (833-569-3335) today for more information on how to file a claim.  Let our experienced attorneys take action to make sure you receive the compensation you are entitled to.

your rights as a public health resident in florida

For a start, according to the Florida Statute Title XXX on Social Welfare, nursing home residents have innate rights mandated by law. For example, as a public health resident in Florida your rights include, but are not limited to:

1. Private and uncensored communication, including personal mail and phone calls.

2. The right to civil and religious liberties.

3. The right to present grievances about staff and/or facilities.

4. Freedom to manage his or her own financial affairs.

5. Freedom of choice in selecting a personal physician.

6. The right to retain and use personal clothing and possessions as space permits.

7. The right to be treated courteously, fairly, and with the fullest measure of dignity.

8. Freedom from mental and physical abuse; physical and chemical restraints, corporal punishment, and extended involuntary seclusion.

9. Freedom to refuse medication or treatment, and the right to be informed of the consequences of these decisions.

10. Any medical, legal, or other caretaker/counselor has right to reasonable access to the resident.

11. The right to be adequately informed of resident’s medical condition and proposed treatment.

12. The right to be transferred or discharged only for medical reasons or for the welfare of other residents, with 30 days notice.

13. Ability to challenge a decision by the facility to discharge or transfer the resident.

Firstly, an important part of fighting nursing home abuse is understanding these basic rights. For this reason, lowercase is here to make sure that you or your loved one receive the quality of care you deserve. Furthermore, all staff is required to treat every resident in accordance with the provisions granted under the law. With this in mind, if you ever feel that your rights are being violated, seek legal representation immediately.

requirements for florida nursing home staff

The staff employed by nursing home facilities are entrusted with the safety and wellbeing of some of the most vulnerable people our communities. Therefore, the Florida Department of Health has established clear guidelines for nursing home staff members. For instance, each assisted living facility is required to be equipped with a qualified, eligible and experienced staff. Furthermore, every staff member is required to pass a criminal background check that meets the standards set by Florida law.

Residents should always have access to at least one physician, one dietician, and one nurse at all times. Part of what makes assisted living necessary is having an experienced and compassionate staff available to care for occupants. The truth is, some seniors have a number of complex medical needs. Conversely, when the appropriate professionals are absent, this increases the risk to the resident. This kind of nursing home abuse can also be characterized as healthcare fraud.

warning signs of nursing home abuse or neglect

Sadly, the reality is that many nursing homes and assisted living facilities are understaffed. In addition, many are also plagued with poorly trained personnel. Granted, it may not be obvious to the average individual, but there are things to watch out for. For example, signs of nursing home abuse or neglect can include:

  • Bed sores
  • Dehydration
  • Malnutrition
  • Improper medications
  • Emotionally upset or agitated
  • Frequent infection or illness
  • Instances of wandering
  • Unexplained injuries
  • Unsanitary conditions
  • Rapid weight fluctuations
  • Reluctance to speak in front of staff
  • Unexpected death

No one ever wants to believe that their loved one is the victim of nursing home abuse or serious neglect, but it does happen. Moreover, if you suspect that a caregiver or nursing home staff member is abusing or neglecting a loved one, do not wait.

statute of limitations for nursing home abuse claims

Incidentally, Florida Statute 492.296 places time restraints on when a victim of nursing home abuse or their family member can report the incident. Accordingly, the report must take place within two years of the incident. If the incident was not immediately discovered, Florida law mandates that the report must take place within two years of discovery of the incident. In this case, the claim can take place no later than four years from the date of the initial incident.

However, there is an exception to the two to four-year time limit. In some cases, fraudulent concealment or intentional misrepresentation prevent the act of nursing home abuse or neglect from discovery. Under these circumstances, the statute of limitations can extend two years from the eventual discovery of the injury. However, this extension does have its limitations. Florida law does stipulate that in no event can one file a report more than six years from the initial incident. Therefore, it is vital that assisted living occupants or family members who wish to file a claim seek an experienced attorney immediately.

why a lowercase personal injury lawyer

A lowercase personal injury lawyer is not only a skilled professional but also a compassionate advocate for the rights of victims of nursing home abuse. In fact, our priority is to make sure that justice is provided to those who need it most, especially those who are most vulnerable to fraud or abuse. Therefore, regardless of whether the symptoms of abuse or neglect are major or minor, seeking the expert assistance of a lowercase attorney can help you make sure you or your loved one are protected.

call and ask about the lowercase fee

The personal injury lawyers at lowercase are ready to take legal action to get the justice you deserve. Call us at 833-LOW-FEE5 (833-569-3335) today and ask about the lowercase fee.


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