Putting a loved one in a nursing home is a consequential choice often involving months of examining different facilities, speaking with staff members, and considering financial factors. Once you have decided, it can be hard to imagine that you might have to later remove your loved one from that facility’s care because of abusive or neglectful behavior.
Unfortunately, this is the reality that far too many families face and it is one that may require help from a seasoned personal injury attorney. Anyone who suspects any sort of maltreatment of their family member in an assisted living facility should contact a Kenneth City nursing home abuse lawyer as soon as possible to discuss a plan of action.
Rights Guaranteed to Nursing Home Residents by State Law
Two different sections of Florida state law establish the fundamental rights that all residents of nursing homes and assisted living facilities. First, Florida Statutes §400.022 provides an extensive list of residents’ rights, which include but are not limited to:
- The right to “civil and religious liberties”
- The right to communicate privately and without interference
- The right to participate in the facility’s community, including organizing gatherings and presenting grievances against staff members
- The right to control their own finances
- Access to outside medical care, as well as the right to refuse treatment
- The right to be free from any kind of physical or chemical restraint
- The right to keep personal property and to wear their own clothing
- The right to be treated respectfully and with dignity
Residents are also guaranteed the right to share a facility room with a spouse, have reasonable access to exercise and the outdoors, and at least 45 days’ notice before their residency at a facility is terminated.
Additionally, any resident who suspects their rights have been violated may file a civil lawsuit, have a family member do so on their behalf, or retain a Kenneth City nursing home abuse attorney to take the lead on their case. Family members may also file wrongful death suits on a loved one’s behalf if mistreatment in a nursing home leads to their premature death. In the immediate meantime, any suspected abuse should be reported to the Florida Abuse Hotline operated by the Florida Department of Elder Affairs.
Proving Negligence and Recovering Compensation
Once a nursing home resident experiencing neglect or abuse is removed from their unsafe environment, a nursing home neglect lawyer in Kenneth City could begin the process of filing civil suit against the parties responsible for their mistreatment. Depending on the circumstances, an individual staff member, the supervisor who hired them, or the administration overseeing an entire facility may bear liability for abusive or neglectful acts.
Under most circumstances, the statutory deadline for nursing home abuse cases in Kenneth City is two years from the date of injury. However, if a resident or family member’s discovery of harm was impeded by fraudulent behavior on the part of the liable nursing home, the filing deadline may be extended up to four years from the date of injury.
Get in Touch with a Kenneth City Nursing Home Abuse Attorney Now
Time is essential when it comes to protecting yourself or your elderly loved ones from unjust treatment. By acting quickly to address suspected neglect or abuse, you may be able to help not only your loved one but also other facility residents as they face undue harm and abuse. To schedule a consultation and talk about your legal options, contact a Kenneth City nursing home abuse lawyer today.
