Nursing Home Abuse & Neglect
The residents of a nursing home are protected by a “Bill of Rights.”
The following are only some of the rights provided to nursing home residents in the “Bill of Rights”: the right to receive adequate and appropriate health care and protective support services, including social services. Residents also have a right to privacy in treatment and in caring for personal needs; to close room doors and to have facility personnel knock before entering the room, except in cases of an emergency or unless medically contradicted. Privacy of the resident’s body shall be maintained during, but not limited to, toileting, bathing, and other activities of personal hygiene, except as needed for resident safety or assistance.
Residents have a right to be treated courteously, fairly, and with the fullest measure of dignity and to receive a written statement and an oral explanation of the services provided by the licensee, including those required to be offered on an as-needed basis. This right extends to freedom from mental and physical abuse, corporal punishment, extended involuntary seclusion, and from physical and chemical restraints, except those restraints authorized in writing by a physician for a specified and limited purpose of emergency. In the case of a room change, Florida law provides that residents be entitled to notice before a change.
Any resident whose rights are violated will have a cause of action. The action may be brought by the resident or his or her guardian, by a person or organization acting on behalf of a resident with the consent of the resident or his or her guardian, or by the personal representative of the estate of a deceased resident regardless of the cause of death. The person claiming injury has the burden of proving, by a preponderance of the evidence, that: defendant owed a duty to the resident; the defendant breached the duty to the resident; the breach caused injury; damages were a result of the breach.
How Can We Help You with a Nursing Home Abuse & Neglect Case?
Generally, an injured party seeking damages from a nursing home has two years from the time of the incident giving rise to the action occurred or within two years from the time the incident is discovered or should have been discovered with exercise of due diligence. Florida law requires notice to each defendant before filing of the complaint. No suit may be filed for seventy-five days after mailed notice, allowing for each defendant to perform an evaluation of the Nursing Home Abuse and Neglect claim.
It is important to know that any person who submits or reports a complaint concerning a suspected violation of the resident’s rights or services or conditions in a facility or who testifies in any administrative or judicial proceeding arising from such complaint shall have immunity from any criminal or civil liability therefor, unless that person has acted in bad faith, with malicious purpose, or if the court finds that there was a complete absence of issue by losing party.
In certain instances, the nursing home abuse & neglect of an elder resident may result in catastrophic injuries and even the wrongful death of the victim.
Examples of nursing home abuse & neglect:
Failing to provide proper supervision
Failing to provide adequate medical attention
Failing to provide special dietary needs
Failing to provide safe premises
Failing to screen employees or conduct background checks
What to do after accident/incident:
Take photographs of premises and accident/incident area
Report accident/incident to the provider
Obtain the name and phone number of all witnesses
Take photographs of all visible injuries
Do not speak to anyone but your attorney
Obtain immediate medical attention
The Perez-Gurri Law Firm will handle all aspects of your injury case. We will explain the law to you and how it affects your case. You should consult with an attorney who can advise you of your rights and the potential value of your damages. It is very likely that an insurance company adjuster or investigator will attempt to contact you and obtain your statement before you have had an opportunity to speak with an attorney. It is always recommended that you speak to an attorney before you speak with a representative from an insurance company.
What you may be entitled to receive, including but not limited to:
-Payment of medical bills
-Payment of lost wages
-Payment of lost services
-Payment for loss of earning capacity
-Payment for physical pain and suffering
-Payment for emotional pain and suffering