Florida Nursing Home Abuse Lawyer
Although there are numerous nursing homes that live up the state standards, there are also an overwhelming amount of nursing homes in Florida that have been cited for an array of law violations, such as physical and sexual abuse, neglect, drug errors, unsanitary living conditions, and more. In addition to a massive amount of violations, South Florida Sun Sentinel states that Florida has been reported to have over 3,500 individuals with criminal records working in nursing home facilities.
However, even though there are a plethora of nursing home violations that have been caught, there are many more that still go unreported. In some instances, victims and/or family members may not even realize that abuse has occurred, which is why it’s important to understand Florida nursing abuse laws. Armed with the proper knowledge and information, friends and families of nursing home residents can understand the warning signs of abuse and take the necessary actions to stop their loved ones and other residents from being abused or neglected.
If you or someone you know has been a victim of nursing home abuse, consider retaining legal help from a Florida nursing home abuse law firm that has the experience and knowledge to help you win your case. The Florida law firm of McIver Brown specializes in nursing home abuse and neglect cases and can help you get the justice and financial compensation that you deserve.
- Cape Coral
- Coral Springs
- Fort Lauderdale
- Fort Myers
- Miami Gardens
- Palm Bay
- Port St. Lucie
- St. Petersburg
- West Palm Beach
Laws on Nursing Home Abuse in Florida
According to the Florida Department of Health (FDH), each nursing home facility must be equipped with experienced staff and qualified professional health care providers. For example, nursing assistants and care providers must have a certain number of educational hours clocked before they can legally work in a nursing home.
At least one physician, one nurse, and one dietician must be available at each and every nursing home, and each must be qualified and eligible to practice their specialty under Florida’s law requirements. Each staff member must also be up to date on all immunizations and must pass a required criminal background check in accordance with the standards and rules of Florida.
Nursing home residents have the right to nutritious meals, daily exercise, social activities, compassion, access to emergency health care, access to medication, mental counseling (if needed), and the right to peaceful living free of any form of abuse. If a caregiver or professional employee of the nursing home staff violates any of these rules, the incident should be reported immediately.
Furthermore, Florida nursing home residents have the right to live in sanitary conditions. Under Florida law, sanitary living conditions are defined as clean clothes, clean linens that are changed on a regular basis, debris and dirt-free living facilities, sanitized living quarters (including the bathroom and kitchen), ample amount of lighting, functioning air conditioning and heat, pest control, access to safety features such as ramps and rails, access to sanitary drinking water, and access to hot water.
Legal Consequences of Nursing Home Abuse
Consequences of Florida nursing home abuse can result in civil lawsuits as well as criminal charges. Any staff member that avoids reporting state-mandated nursing home violations is also at risk for both civil and criminal charges. Even if a violation is unfounded, a staff member that acted in good faith when reporting the incident will not be penalized for reporting the issue.
Nursing homes that are found to be in violation of state laws may also have to pay the consequences. Typically, if a nursing home is found to be in fault of nursing home abuse or neglect yet fails to remedy the situation, it can potentially face extensive civil charges and permanent closing of the facilities.
If you feel your loved one has been a victim of Florida nursing home abuse, it is imperative to immediately report the violation. According to Florida Statute 492.296, nursing home negligence and abuse must be reported within two years of the incident or within two years from the time that the incident was discovered. An experienced Florida nursing home abuse lawyer will be able to help you get the process rolling and will be able to explain your rights to you.
We Can Help
If you have a loved that you feel has had their legal rights violated, we recommend contacting the award-winning Florida nursing home abuse law firm of McIver Brown. Each attorney at the McIver Brown Law Firm has extensive knowledge regarding the nursing home abuse laws in Florida, and will fight to ensure that your loved one receives proper care, and that you and your family get the justice and financial compensation that you deserve.