When a loved one must enter an assisted living facility or nursing home in Florida, it is an expectation and hope that they will receive adequate care. However, cases of abuse and neglect often occur in nursing homes, leaving victims susceptible to injury and death. When this happens, a victim and their family can seek help from a nursing home abuse attorney.
A nursing home has a duty to both care for the residents within their facility and keep them safe. If this is violated, the nursing home can potentially be held responsible for any money damages caused to the resident (including pain and suffering), the costs associated with the loss of a loved one, attorney’s fees and costs and punitive damages if so awarded.
Florida Nursing Home Abuse Attorneys
If nursing home abuse is suspected, it is advisable that this mistreatment be reported immediately to the division within the state’s health department in charge of investigating nursing home claims. Also, immediate consultation with an attorney knowledgeable in nursing home negligence law is another option capable of producing quick results. Rue & Ziffra offers over 100 years of combined experience to help you win your case against nursing homes that abuse or neglect your loved ones.
Don't wait until it is too late to file a nursing home negligence claim. Like a standard medical malpractice claim, the timeline for asserting legal rights for nursing home abuse claims is generally two years from the date of the incident. However, this may fluctuate in regards to when the mistreatment was actually discovered. Rue & Ziffra knows all of the specifics relating to filing nursing home abuse and neglect claims and can help you get your claim done correctly and in a timely manner.
Call 1-800-526-4711 and talk to a Florida Nursing Home Abuse Attorney at Rue & Ziffra to get help before it's too late.
Rights of Florida Nursing Home or Assisted Living Residents
What are the Rights of a Nursing Home or Assisted Living Resident in the State of Florida?
In the state of Florida, nursing home residents are guaranteed certain rights as stated in the Nursing Home Resident’s Bill of Rights. To see the complete list, please visit the Florida Department of Health website.
The following highlights the six sections within the Nursing Home Resident’s Bill of Rights with a few examples of each:
Right to individual dignity- This includes privileges such as the right to be respected and treated fairly by a nursing home facility at all times, to be free from mental and physical abuse, seclusion and restraints, the right to privacy and the right to have a prompt response to a request.
Right to information- This includes providing a nursing home resident with adequate information on the medical care they receive, the facility’s policies and procedures and any patient support services available to them.
Right to financial information and disclosure- A nursing home resident has the right to be given information and counseling on available financial resources, reimbursements and an explanation of charges for medical treatment given to them.
Right to access to health care- A nursing home resident has the right to reasonable health care and legal services.
Right to experimental research- A nursing home resident has the right to know and consent to any medical treatment used for experimental research.
Right to obtain knowledge of patient’s rights and responsibilities- A nursing home resident has the right to know of their rights and responsibilities upon receiving care from a facility and health care provider.
Evictions from a Nursing Home
Can a Nursing Home Evict a Resident?
Yes, a nursing home facility may evict a resident on account that they do not act in accordance to certain stated responsibilities. Just as a resident’s rights make them eligible to sue for acts of negligence by the facility, a resident maintains responsibilities and duties that can make them susceptible to eviction if not followed.
Some conditions that may warrant an eviction from a nursing home facility can include:
- Failure to pay rent
- Posing a threat or danger to the other residents within the facility
- Needing specific medical attention not provided by the nursing home facility
- Having a condition that improves to where they do not need to be within the facility anymore
- Unwilling to follow the rules and procedures adopted by the facility which affect patient care and conduct
- If a resident has been notified of a violation which merits an eviction from a nursing home facility, they have the right to appeal any discharge.
Orlando, Volusia County and Flagler Elderly Abuse and Nursing Home Abuse Attorneys for over 40 Years
For over 40 Years, Rue & Ziffra Law Offices and Attorneys have provided legal expertise and results for those who have been affected by Elderly Abuse and Nursing Home Abuse in Bunnell, Daytona Beach, DeBary, DeLand, Deltona, Edgewater, Flagler Beach, New Smyrna, Orlando, Ormond Beach, Palm Coast, Port Orange and Sanford.