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Nursing home abuse in Florida

by on Wednesday, July 17, 2013  —  Malpractice

Florida is home to many senior citizens. Many of these seniors, who can’t live independently, live in nursing homes and assisted living facilities. While we hope that our parents and grandparents will be taken care of by these homes and facilities, sometimes they don’t get the care that they should. Today, diseases like Alzheimer’s and dementia mean that the elderly put extra reliance on the nursing homes and their staff.

Federal and Florida law provides protection for the elderly.

Some of the relevant Florida Statutes cover:

  • Nursing Home Administrators
  • Nursing Home and Related Health Care Facilities
  • Adult Protective Services
  • Health Care Advance Directives (instructions on how to handle serious and perhaps death related health issues)
  • General Provisions on the Health Professions

Patient Bill of Rights. Florida has a patient bill of rights for nursing home residents. You can see a list of these rights here. Some of the rights of nursing home residents are:

  • Knowing what medications you’re taking
  • Being able to review any recent inspections about the facility
  • Being free to present grievances
  • Having the right to receive adequate healthcare
  • Choosing your physician and pharmacy
  • The right to be treated with dignity

State agencies that provide guidance are:

  • Florida Department of Health
  • Florida Department of Elder Affairs. This department includes a Long-Term Care Ombudsman Program (LTCOP)

What is Nursing home abuse?

Nursing home abuse is anything that affects the rights of nursing home residents and anything that affects their health, safety and well-being.

Common examples of abuse are:

  • Bedsores and infections
  • Malnutrition and dehydration
  • Slip and Falls
  • Improper handling of medications
  • Discharge of patients against their wishes
  • Concerns about the treatment of personal property
  • Chemical restraints
  • Over sedation
  • Sexual abuse
  • Wrongful death

Why you need the assistance of skilled nursing home abuse attorneys

  • Caring for the elderly is difficult emotionally and economically even when things don’t go wrong. When there is neglect or abuse a lawyer can provide an independent review and help relieve the added stresses neglect/abuse bring.
  • There are numerous Federal and State Laws that have to be reviewed
  • They know the state agencies that can provide guidance.
  • A law firms’ investigators can help prove the abuse and show what could have been done to prevent it
  • A lawyer will know when to bring a claim, where to file the claim and who the defendants are.

How Brooks and Brooks can help

If you or a loved one suspects any form of neglect or abuse by a nursing home or adult care facility please contact our firm. During this difficult time we will help you receive the maximum compensation allowed by law and we will assist you through every step of the case.  Our team of lawyers works with medical professionals, valuation experts, technical experts and other lawyers. If you or a loved one suffered an injury or a death please call us at 1-888-WE-MEAN-IT (1-888-936-3264) or email us at: info@brookslawgroup.com.