At Russo Law, our nursing home abuse attorneys can evaluate whether your loved one has a lawsuit for elder abuse in a nursing home or assisted living facility. When you place your loved one in a nursing home or assisted living facility, you place a great amount of trust in those facilities to provide care for your loved one and take care of their essential needs. If those needs are unmet and violate one of the residents' bill of rights, you may need to bring a lawsuit on behalf of your loved one not only to obtain compensation for pain and suffering, medical expenses, or punitive damages (as appropriate) but also to prevent future incidents from occurring.

 

Florida Nursing Home Patients'

Bill of Rights

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For nursing homes, the residents' bill of rights is located under section 400.022, Florida Statutes and includes:

 

• Right to civil and religious liberties

• Right to private and uncensored communications

• Right to have visitors

• Right to present grievances against the facility

• Right to organize and participate in resident groups

• Right to participate in social, religious, and community activities

• Right to examine the facility

• Right to manage own financial affairs or to delegate such responsibilities

• Right to be fully informed of the services available and the related charges for such services

• Right to be adequately informed of his or her medical condition and any proposed medical treatment

• Right to refuse medical or medical treatment

• Right to receive adequate and appropriate health care, social services, mental health services, and therapeutic or rehabilitative services

• Right to privacy in treatment and care of personal needs

• Right to be treated courteously, fairly, and with the fullest measure of dignity

• Right to be free from mental and physical abuse, punishment, involuntary exclusion, and physical or chemical restraints

• Right to be transferred or discharged

• Right to choose a personal physician and pharmacy

• Right to retain personal clothing and possessions

• Right to have copies of rules and regulations at the facility

• Right to receive notice before being moved to a new room

• Right to be informed of the bed reservation policy for hospitalization

• Right to challenge a decision to discharge or transfer by the facility under Medicare and Medicaid

 

Care at Florida Assisted Living Facilities (ALF)

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The rights of a resident at an assisted living facility (ALF) are covered by a separate residents' bill of rights contained in section 429.28, Florida Statutes. The rights granted by the statute for assisted living facilities is similar to that of nursing homes but is less extensive due to the lower level of care needed by the residents.

 

The failure of a facility to comply with the residents' rights as outlined by statute may result in legal liability for compensatory and punitive damages. In addition, medical providers servicing patients at nursing home facilities are also bound by the applicable standard of care for medical malpractice.

 

Common Failures at Florida

Nursing Homes

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A nursing home may be held legally responsible for:

 

• Negligently hiring staff who are not qualified or for failing to have an adequate number of staff present at the facility

• Failing to provide adequate training for staff to handle situations frequently encountered by disabled, disoriented, or disobedient residents,

• Failing to administer medications appropriately

 

Any Suspected Abuse

Should Be Reported

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You should report any suspected abuse including physical abuse, emotional abuse, sexual abuse, or financial abuse and should seek legal counsel to help determine the best course of action under the circumstances should any abuse occur to your loved one. The typical markers of abuse are unusual injuries, bedsores, emotional changes, avoidance of caretakers, unpaid bills or other financial irregularities, and changes in documents such as a will or durable power of attorney that are unexpected. Your loved one is counting on you to make sure they are taken care of and these facilities, while they fill a societal need, are businesses driven by profit.

 

If you suspect that your loved one has been neglected in a Florida nursing home or assisted living facility, please contact us today for a free review of the situation and our legal opinion of what your next course of action should be. We serve clients across Florida in the Tampa Bay area, Central Florida, and Polk County, including the cities of Lakeland, Winter Haven, Bartow, and Haines City.