Nursing Home Abuse And Neglect
Call one of our attorneys if you or a loved one has been the victim of nursing home abuse or neglect in Tampa, Carrollwood, Town And Country, Temple Terrace, Brandon, Valrico, Plant City, Oldsmar, Palm Harbor, St Pete, Clearwater, Largo, Seminole, New Port Richey, Highland, Hudson, Tarpon Springs, Palmetto, Sarasota, Manatee, Bradenton, Wesley Chapel, Lutz. We have several conveniently located law office located through out the entire tri-city bay area. Our Lawyers Have Over 100yrs Combined Experience Protecting The Injured From Nursing Home Abuse Or Neglect.
Nothing is scarier than the prospect of placing a loved one in a nursing home or feeling that a loved one is being mistreated in a nursing home. Florida statutes guarantee special rights to all nursing home residents. These rights include the right to civil and religious liberties and the right of independent personal decisions. The law also requires the staff of any facility to give assistance to the residents in helping them exercise their rights in the fullest possible way. Perhaps the most important right nursing home residents have is the right to receive adequate and appropriate health care and protective and support services including social services and mental health services.
Florida nursing homes sometimes harm the very people they are paid to help. Those bad homes are run by folks that are worried more about their bottom line than the wellbeing of the elderly people they are supposed to care for. Because of this, they cause severe and permanent injuries — and even the wrongful deaths — of peoples' mothers, fathers, aunts and uncles.
Those bad nursing home care givers must be held accountable. At Kniney, Fernandez, And Boire, in the Tampa Bay area, our team of experienced Personal injury attorneys takes them to court. Our goal is to protect nursing home abuse and elder neglect victims, and to prevent further abuse from ever happening.
There are many ways nursing home abuse hurts elderly people and dependent adults:
- Failing to adequately staff their nursing homes
- Failing to screen the staff they hire
- Falsely claiming to provide superior care, while cutting costs
- Keeping budgets so tight that care is inadequate
- Abusive verbal commnications
- Abusive physical handling on the elderly
- Negligent Security
Nursing home residents and their families have many other rights that are specifically set forth in the Florida statutes including the right to be treated courteously, fairly and with the fullest measure of dignity possible. The law further provides that any nursing home resident whose rights are violated may bring a lawsuit against the nursing home. Also, the law states that the nursing home may have to pay the resident's attorneys fees if they win.
The Nursing Home Reform Act
Elder Law is generally governed by the 1987 Nursing Home Reform Act, a set of laws that establish the standards of care for elder nursing homes and assisted living facilities. The Nursing Home Reform Act was adopted to protect residents from neglect, abuse, and mistreatment and commands that all facilities provide:
- Individual care plans for each resident
- Nursing services
- Social services
- Pharmaceutical and medication services
- Nutritional and dietary services
- In facilities with more than 120 beds, a full-time social worker
- Rehabilitative services
If you believe you or your loved one is receiving substandard care, contact a Florida elder abuse lawyer immediately. Florida nursing home and assisted living residents can rely on Kinney, Fernandez, And Boire to help them in their time of need. Our Attorneys handle elder abuse cases throughout the state of Florida including Tampa, Carrollwood, Town And Country, Temple Terrace, Brandon, Valrico, Plant City, Oldsmar, Palm Harbor, St Pete, Clearwater, Largo, Seminole, New Port Richey, Highland, Hudson, Tarpon Springs, Palmetto, Sarasota, Manatee, Bradenton, Wesley Chapel, Lutz. We have several conveniently located law office located through out the entire tri-city bay area. Our Lawyers Have Over 100yrs Combined Experience Serving Only The Injured.
The Residents' Bill of Rights
The Nursing Home Reform Act guarantees the following rights to nursing home residents:
- The right to freedom from abuse, mistreatment, and neglect;
- The right to freedom from physical restraints;
- The right to privacy;
- The right to accommodation of medical, physical, psychological, and social needs;
- The right to participate in resident and family groups;
- The right to be treated with dignity;
- The right to exercise self-determination;
- The right to communicate freely;
- The right to participate in the review of one's care plan, and to be fully informed in advance about any changes in care, treatment, or change of status in the facility;
- The right to voice grievances without discrimination or reprisal.
If any of these rights are violated, the nursing home resident has rights and needs to contact our Florida elder abuse lawyers immediately.
Nursing Home Survey and Certification:
To ensure that licensed nursing homes abide by the stipulations of the Nursing Home Reform Act, they are required to undergo a standard certification process that is conducted by each state which includes:
- random interviews;
- surveys;
- evaluations at least once during a 15-month period;
The surveys evaluate elderly residents’ quality of life, quality of care, and safety, as well as the services provided. In addition, more specialized surveys are conducted in response to complaints about particular facilities.
If the survey exposes any violations of the Act, the offending facility will be given a chance to correct the problem. If the deficiency is not corrected, the subsequent methods will be used to ensure compliance:
- Directed in-service training of staff;
- Directed plan of correction;
- State monitoring;
- Civil monetary penalties;
- Denial of payment for all new Medicare or Medicaid admissions;
- Denial of payment for all Medicaid or Medicare patients;
- Temporary management; and
- Termination of the provider agreement.
Please Contact Us Today, So We Can Discuss Your Situation!