What Legal Protections Do Florida Residents Have Against Nursing Home Negligence?

What Are the Different Types of Nursing Home Neglect Cases in Florida?

When you take your loved one to a nursing home, you expect that their safety and proper care will be prioritized by the staff in the facility. Unfortunately, this doesn’t always happen, and heart-wrenching cases of nursing home abuse and neglect are too rampant in Florida. The emotional impact can be overwhelming when you discover your loved one has been a victim.

Skilled Florida personal injury attorneys can help you pursue legal remedies against a nursing home facility that abuses or neglects your loved one. Some examples of abuse and neglect cases in nursing homes for which people pursue legal action include, but are not limited to:

Basic Needs Neglect

A nursing facility must provide food, water, and a safe environment. A sign of basic needs neglect is when a resident is consistently not given any meals or water for extended periods, leading to dehydration, severe malnutrition, and potential organ failure.

The facility may also fail to address hazardous conditions, such as broken handrails or exposed wiring, leading to severe injury or death. Florida nursing home abuse lawyers can investigate the case and help you hold the negligent parties liable to pursue justice for your loved one.

Medical Neglect

Failure to address the medical concerns of a resident or administer the correct medication amounts to medical neglect. For example, it could exhibit itself as a severe infection that is denied proper medical care, leading to sepsis and life-threatening complications. It could also be that a staff member administers incorrect medication, causing a severe allergic reaction or overdose.

Social and Emotional Neglect

Ignoring a resident's emotional and social well-being and isolating them from social activities is neglect. Examples include consistently leaving a resident with dementia alone and unattended for an extended time, resulting in severe emotional distress and an increased risk of self-harm, wandering off, or injury.

Florida nursing home abuse attorneys add that some nursing home staff also subject residents to verbal and emotional abuse, leading to severe anxiety, depression, and overall poor health. If you notice any of these signs in your loved one residing in a nursing home, don't hesitate to contact legal experts for assistance.

How Does the Law Protect Residents Against Nursing Home Neglect?

Florida has specific laws that protect the rights of nursing home residents. The laws outline the duties that facilities must uphold toward the safety and health of residents. For example, the Nursing Home Reform Act governs all nursing homes that accept Medicaid and Medicare.

The Act stipulates the services nursing homes must extend to residents and the standards for the services:

  • Nursing services

  • Social services

  • Periodic assessments

  • Pharmaceutical services

  • Dietary services

  • Comprehensive care plan

  • A full-time social worker if a nursing home has more than 120 beds

Florida Nursing Home Bill of Rights

The Florida Statutes Chapter 400 comprises the Nursing Home Residents' Rights that outline the rights and protections afforded to residents. The law forms the basis for legal action against nursing homes, which experienced nursing home abuse lawyers in Florida can help you pursue.

The Bill of Rights includes:

  • The right to be treated with dignity, fairness, and courteously

  • The right to private and uncensored communication

  • The right to civil and religious liberties

  • The right to safe living conditions free from abuse and neglect

  • The right to a reasonable selection of pharmacy and physician

  • The right to be allowed to participate in social, communal, and religious activities

  • The right to be given oral and written information about nursing and medical services

  • Ability to present issues and grievances without fear of retaliation

  • The right to refuse medication that they deem risky to their health and discontinue non-beneficial medication

  • The right to manage personal finances

A violation of these rights can be grounds for legal action. Lawyers experienced in the field can guide you through the specifics.

Florida Civil Negligence Laws

Florida has laws that enable nursing home abuse and negligence victims to receive financial compensation. Florida law 768.81 provides that all individuals in society should act in a way that doesn't hurt others, and the standard is exceptionally high for those entrusted with the care of others.

When neglect causes harm to an individual, they can legally demand compensation under this law. To be successful in such a case, you must have a solid case backed with evidence. Personal injury lawyers can provide legal counsel, help you file a successful claim, and demand the compensation you or your loved one deserve.

What Can I Do If I Suspect My Loved One is Neglected in a Nursing Home Facility?

If you suspect nursing home neglect against your loved one in such a facility, there are several steps you can take to protect their rights:

  • File a complaint with the police

  • Contact Adult Protective Services

  • Report the matter to the Agency for Health Care Administration

  • Sue the facility for compensation

How you respond depends on the specifics of the case. Skilled nursing home abuse attorneys can evaluate the case and help you determine the most appropriate path to address your concerns.

A Skilled Personal Injury Attorney Helping You Address Nursing Home Neglect

It can be devastating to learn that your loved one underwent nursing home abuse and neglect, and you might wonder what action to take. Personal injury attorneys in Florida can help you understand your loved one’s rights and advise on the legal recourse to address the abuse.

At Dellutri Law Group, P.A., we have a passionate team of nursing home abuse lawyers who can take up your case. We know that nursing home abuse is a severe problem in Florida, and we are dedicated to helping our clients find justice and compensation for the harm they have suffered. Call us at 800-391-4337 to schedule a FREE initial consultation.