People residing in Florida’s nursing homes are dependent upon a home’s owners, managers, and caregivers for their well-being. Yet, abuses happen, and that is when the families of those who are abused need a caring and aggressive attorney to protect their rights. A Holiday nursing home lawyer can use their skill and knowledge in this area of law to inform their approach to your case. If you or a family member have been abused while residing in a nursing home, contact a lawyer that can fight for you.
Common Types of Nursing Home Abuse
Nursing home residents may be abandoned by their caregivers by not regularly checking on them, or place them in isolation for some infraction. Elders are victims of assault or battery or sexual assault either by caregivers or other residents. Their care can be neglected by failing to provide medicines or necessary medical treatment. Some are financially exploited and even acts of extortion have happened.
Florida Elder Law
Elder abuse is defined as an act that is committed by intent that causes or inflicts physical injury or psychological damage or encourages anybody to do so. Florida has some of the most aggressive elder rights and nursing home regulations in the nation. The state protects elders from abuses and guarantees that nursing home residents be cared for with dignity and be allowed privacy. They have the right to join in religious and social activities at the home and have high-quality medical care.
The Adult Protective Services Act requires violators be criminally prosecuted for not reporting suspected abuses to elders and immunity from prosecution is available to those who do report.
Nursing Home Regulations
Florida’s regulation of nursing homes forbids them to serve foods that have expired or are contaminated. Errors cannot be made in giving medications, the orders of physicians and pharmacists must be exactly followed, and emergency medical care must be provided promptly. Medical symptoms and warning signs must be dealt with quickly.
A home is also violating the law if it allows a dangerous condition to exist or fails to provide adequate security so residents do not walk away or confront each other. The home also must respond to any reported concerns residents have in a timely fashion.
Negligence Laws in Florida
Nursing home abusers are covered in Florida’s comparative negligence doctrine. Negligence is committing an act toward someone that causes harm to them or property damage. To prove an act is negligent, a Holiday nursing home abuse lawyer must prove that the nursing home had a duty of care toward the resident. A family’s contract with the nursing home can be that proof. A negligent act happens if the nursing home’s owners, managers, or employees do something that breaches duty of care, and the breach caused the resident harm.
If the attorney can prove negligence, then the victim and/or the victim’s family may recover monetary damages. If the nursing home’s negligent act was horrendous, the family may claim punitive damages. These are meant to punish the offender and serve as an example for other nursing homes. Other damages are financial losses and non-economic harm such as pain and suffering and emotional trauma.
Speaking to a Lawyer
A Holiday nursing home abuse lawyer can devote the time and resources necessary to build your case. If you are a victim of elder abuse, speak with a qualified nursing home abuse attorney that can fight tirelessly to achieve a positive outcome for you.