Nursing home abuse

Nursing Home Negligence and Abuse in Florida

posted in: Family Law 0

Florida Statutes Chapter 400 governs the duties of nursing homes and the remedies available to victims of nursing home negligence and abuse. Florida Statute 400.022 provides the list of Residents’ Rights which include, but are not limited to:
• The right of family members to visit the resident;
• The right to be free from nursing home abuse and neglect;
• The right to private and uncensored communication;
• The right to manage one’s own financial affairs;
• The right to civil and religious liberties;
• The right to be informed on one’s medical condition and treatment;
• The right to refuse medication or treatment;
• The right to receive adequate and appropriate health care services; and
• The right to freedom of choice in selecting medical providers and supplies.
If a nursing home resident’s rights are violated and the resident is damaged as a result of the violation of resident’s rights, then the nursing home resident or authorized representative on the resident’s behalf has potential for a lawsuit against the nursing home. Oftentimes a nursing home resident is unable or unwilling to file a lawsuit against a nursing home due to lack of capacity, lack of energy, or sadly, because they are deceased. If the nursing home resident is still living and has his/her mental capacity, the resident is able to issue a power of attorney to a loved one or friend in order to file a lawsuit against the nursing home on his/her behalf. If the resident is deceased, then a probate case will be required to be opened on behalf of the resident with a personal representative being appointed by the appropriate court to act on behalf of the deceased resident’s estate. Some common Florida nursing home negligence and abuse injuries are:
• Falls;
• Bedsores or Pressure Ulcers;
• Malnourishment and Dehydration;
• Attacks or Assaults by other residents or by nursing home staff;
• Fractures or broken bones;
• Pharmaceutical Errors;
• Sexual Abuse; and
• Wrongful Death.
The statute of limitations for a lawsuit against a Florida nursing home is two (2) years, with some limited exceptions, but in no circumstances is the statute of limitations longer than four (4) years. Therefore, it is essential to contact an experienced attorney as soon as possible to discuss a potential nursing home abuse or negligence case. If an attorney agrees to represent you or your loved one in a case against a Florida nursing home, Florida Statute 422.0233 requires a Presuit Notice be sent to the nursing home before a lawsuit can be filed which gives the nursing home a seventy-five (75) day period to investigate the allegations made and to evaluate the damages claimed. If the case does not settle before the end of the seventy-five (75) day presuit period, the nursing home resident or their representative can file a lawsuit against the nursing home. Please contact our office for a free consultation today with an experienced attorney to discuss your potential Florida nursing home abuse or negligence case.