Florida Nursing Home Abuse
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UPDATED: Mar 5, 2020
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The aging population is growing, and Florida is a prime retirement location for the nation’s elderly. This means a growing number of elder abuse cases in Florida nursing homes. Though Medicaid and Medicare programs, federal laws, and Florida statutes are in place to protect the nursing home residents, the elderly are often easy prey and may fall victim to physical, sexual, emotional or financial abuse during their nursing home stay.
The Rights of the Elderly
Florida nursing home residents have rights protected by the state’s Nursing Home Residents’ Bill of Rights. This bill states that nursing home residents have a right to privacy, adequate health care, transfer or discharge only for appropriate medical reasons, and freedom from corporal abuse, restraint and punishment, among others. In addition, Florida state law allows for the creation of a “cause of action” when a facility is found to deprive a nursing home resident of his or her rights. This means that when a facility is found guilty of abuse, each and every resident may select a Florida nursing home abuse attorney and bring a civil claim or lawsuit against the facility in order to gain punitive and compensatory damages.
Protecting Your Elderly Relative
In order to protect an elderly relative’s rights when he or she enters a Florida nursing home, families should be careful about the paperwork their relative signs. Some elderly people have unknowingly signed away their rights for litigation and pursuit of abuse claims, by signing an arbitration agreement before entering a nursing home. Some have handed their power of attorney over to nursing home staff and are then at risk of having their money taken. Be sure to look over all paperwork before signing it; if you are confused or need advice, don’t sign anything or allow your relative to sign before a thorough review by a Florida nursing home lawyer.
If Your Elderly Relative Is Abused
If you suspect Florida nursing home abuse, contact an experienced attorney as soon as possible. Your Florida nursing home abuse lawyer can help assess your potential claim and walk you through the process of filing a lawsuit if necessary.
To have your case evaluated by an experienced Florida nursing home abuse lawyer, fill out our case evaluation form. There is no cost and no obligation. You may also search for a Florida nursing home attorney.