Nursing homes are places that families should be able to trust when it comes to caring for their elderly relatives. Unfortunately, due to staff shortages, budget cuts, and other issues, nursing home abuse is not a rare occurrence.
Signs of elderly abuse include bed sores, lack of washing, improper medication, bruising, emotional damages, and more. If you or a loved one suffered such abuse in a nursing home or long-term care facility, the person or facility responsible for the abuse may be considered legally negligent and be required to pay compensation for damages such as emotional turmoil, hospital bills, and damaged property.
For help with recovering compensation for these damages, contact a skilled attorney today. A St. Johns County nursing home abuse lawyer could sit with you to review the details of your case and inform you of whether you may be entitled to compensation.
The Rights of Nursing Home Residents
It is important to understand the rights of nursing home residents that are protected by state and local law, as a violation of these rights may constitute a cause for legal action. As per Florida Statutes §400.022, some of the rights afforded to nursing home residents include:
- The right to uncensored communication
- The right to make personal decisions
- Religious liberties
- The right to dignified treatment
A resident of a nursing home or long-term care facility also has the right to revoke consent to medical treatment. In other words, they can deny medication or services if they prefer.
Also, government agents and family members are not allowed to be restricted in their access to a nursing home resident, unless the resident has expressly requested to limit family visits. To ensure that a resident’s rights are properly observed in St. Johns County, it may be best to get in touch with an experienced nursing home abuse attorney.
Duties of Caregivers
Fla. Stat. §400.023 establishes the duties owed by caregivers, such as doctors and nurses, to a nursing home resident. Essentially, the nurse, licensee, or healthcare professional owes a standard of reasonable care to the resident, meaning that they must abide by and provide care that other professionals in similar circumstances would consider appropriate.
To hold a care provider civilly liable for abuse, a victim and their St. Johns County nursing home abuse lawyer must show the following four elements to be true:
- The healthcare professional had a duty to the resident
- The professional did not abide by the duty
- This lack of commitment to the duty resulted in harm to the resident
- The harm sustained by the resident is legally caused by the breach of duty
Proving these elements can prove tricky without a skilled legal representative’s assistance. Evidence that may help such a claim can include notes from other doctors, testimony from expert witnesses, medical bills, testimony from family members or other residents, and more.
A St. Johns County Nursing Home Abuse Attorney May Be Able to Help
Claims involving medical care are often complex and may be further complicated when the nursing home in question has deep monetary and legal resources. However, an injured victim should receive justice and compensation for the damages they endure.
If you encounter abuse at a nursing home, do not hesitate to speak to a St. Johns County nursing home abuse lawyer. With their help, you may be able to build a strong case for the financial restitution you deserve.