Given the high numbers of older adults in Florida, including residents who live in nursing homes and assisted-living facilities across the state, it is important to understand how nursing home negligence claims work. Our team of experienced nursing home neglect lawyers want to provide you with some guiding information.
1. Nursing Home Abuse and Neglect Can Take Many Different FormsÂ
You should know that nursing home abuse and neglect can take many different forms. As such, the signs and symptoms of abuse can vary widely.Â
Abuse or neglect may include physical abuse, psychological abuse, sexual abuse, financial abuse, intentional deprivation, and unintentional neglect. It may be possible to file a nursing home neglect claim when any of these forms of abuse results in injuries.
2. Nursing Home Negligence Claims Can Be Filed By the Injured Nursing Home Resident or By a Family Member in the Event of a Fatal InjuryÂ
Who files the claim will depend upon a few factors. An injured nursing home resident may be able to file a lawsuit herself. However, if nursing home abuse results in fatal injuries, an estate must be opened. The personal representative of the estate must bring the claim on behalf of the statutory survivors.
3. Claims Must Be Filed within a Specific Time WindowÂ
Nursing home abuse claims must be filed within a particular amount of time. The statute of limitations for nursing home abuse claims, as well as wrongful death claims, in Florida is two years.
4. Certain Types of Nursing Home Abuse Injuries Are On the RiseÂ
The most common nursing home abuse injuries we see, on an increasing basis, in our practice include bedsores, falls, and overmedication.
5. Nursing Home Residents Have Rights Under Florida LawÂ
It is essential to understand that nursing home residents in Florida have rights under state law. According to Section 400.022 of Florida Statutes, nursing home residents have the right to:
- civil and religious liberties
- private and uncensored communication
- consent to a particular party’s access
- present grievances
- organize and participate in groups at the facility
- participate in religious or social or community activities
- examine the results of facility inspections
- manage their own financial affairs
- be fully informed of services at the nursing home facility and accompanying charges
- be fully informed of their medical condition and proposed treatment
- refuse medication or treatment
- privacy in treatment
- treated courteously
- be free from mental and physical abuse, physical and chemical restraints
- among many other rights.
A facility’s violation of these rights may result in a claim.
Contact a Nursing Home Neglect Lawyer in West Palm Beach, Boca Raton, Stuart and Wellington, Florida
If you have questions or concerns about nursing home abuse or neglect, or if you need help filing a nursing home negligence claim, one of the experienced lawyers at Lesser, Lesser, Landy and Smith can help. Contact us at 561-655-2028 for more information.
