FAQTEXT-NHN

The Florida legislature enacted legislation (Florida Statutes, Chapter 400) that specifically provides for the development, establishment and enforcement of basic standards for the health, care, and treatment of persons in nursing homes and related health care facilities.

Florida law requires that residents receive the necessary care and services that will enable them to reach and maintain their highest practicable level of physical, mental and social well-being. In addition, civil rights law mandates equal access in all nursing homes regardless of race, color or national origin.

Chapter 400 of the Florida Statutes contains what is known as the Nursing Home Residents’ Bill of Rights. This was designed to protect the elderly and the handicapped.

Florida Statutes Give All Residents of A Nursing Home The Right To:

Civil and religious liberties.
Private and uncensored communication.
Reasonable access to health, social and legal services.
Present grievances without fear of reprisal.
Be treated courteously, fairly and with the fullest measure of dignity.
Privacy.
Be transferred or discharged only for medical reasons.
Be free from mental and physical abuse, corporal punishment, seclusion and physical and chemical restraints
Choose their own physician and be informed of their medical condition and treatment plan.
Receive adequate and appropriate health care, protection and support services.

What Constitutes “Abuse” in a Nursing Home?

Abuse comes in many forms. It can be as simple as verbal abuse to as complicated as malnourishment leading to premature death. One should pay attention to the obvious. The following may constitute abuse:

Falls and fractures
Physical or chemical restraints
Malnutrition or dehydration
Improper, wrong or over medication
Bed sores
Lack of supervision (allowing residents to wander away from the facility)
Physical abuse or unexplained injury
Weight gain or loss
Theft of money and personal property
Unexpected or wrongful death
Unsanitary conditions
Untrained or insufficient staff
Over-sedation
Abandonment
Substandard medical care
Poor personal hygiene
Defective equipment
Sexual assault

If your loved one is dehydrated, is rapidly loosing weight, has ANY unexplained falls or injuries, or has multiple falls or injuries, has bed sores, or is otherwise complaining about their care, listen to them and get professional help as soon as possible.

How much is this going to cost?

It costs you nothing, unless there is a recovery. The firm takes all Nursing Home Abuse cases on a “contingency fee and cost” basis. After a recovery, we will deduct a percentage for attorneys' fees and thereafter a deduction for costs. If there is no recovery, we work for free.

Someone told me that I should move my loved one to another facility. Is this good advice?

Certainly good advice. Once there is a dispute or law suit filed and notice is given to the facility, a risk of retaliation is possible. Unfortunately, there are a few “bad apple” employees and nursing home personnel who may take their anger and frustration out on your loved one.

Will the case settle or will we have to go to trial?

Approximately 90-95% of cases settle before trial. Settlements may happen at any point, as early as pre-suit (before a lawsuit is filed) to mediation (a formal settlement conference), to as late as “on the courthouse steps.” The main thing to focus on is being prepared to go to trial. Once the insurance company and defense attorney realizes that a case is well-prepared and ready to be tried if need be, they are more willing to settle for a reasonable amount without the need for a jury to decide the case.

What Should I Do If I Suspect Abuse?

If you have a concern about mistreatment, malpractice or abuse in a nursing home or adult congregate living facility (ACLF) that you feel amounts to criminal abuse of the elderly, you can contact Florida Department of Children and Families (1-800-96-ABUSE -- 1-800-962-2873), Agency for Health Care Administration (561-840-0156) the State Long Term Care Ombudsman Council (561-837-5038) or even the local police. The Agency for Health Care Administration also investigates regulatory complaints against nursing homes. All complaints are kept strictly confidential. It's the law. However, none of these agencies can obtain a monetary award for a resident who has suffered neglect or abuse..

Many times a lawsuit must be filed to protect the resident’s rights and to obtain compensation for the physical or mental pain and suffering and/or wrongful death.

The action may be brought by the resident, a guardian, or any person or organization acting on behalf of the resident with the consent of the resident or guardian, or by the estate of a deceased resident when the cause of death resulted from the violation of the resident’s rights.