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Golden Pond Communities settled a claim for negligence for the death of a Florida nursing home resident. The plaintiff claimed the defendant failed to properly supervise and care for a resident, leading to his death.

When nursing homes receive funding from Medicare or Medicaid, they are required to follow federal nursing home standards. They must also follow state regulations, such as those adopted by Florida, or they will lose their funding.

Florida regulations for nursing homes include:

• Minimum standards for nursing homes
• Florida assisted living regulations
• Licensure rules for nursing home administrators
• Florida statutes for nursing home administration
• Florida administrative Code 64E-11 for food hygiene

Under Florida’s regulations, nursing homes are required to check employee references, do background checks, and provide training and review programs. Should they fail to do so, they run the risk of employees causing residents to be injured and even die.

Residents of Florida nursing homes and assisted living facilities also have rights outlined in Florida’s Ombudsman Program, which include:

• Civil and religious liberties.
• Private and uncensored communication.
• Visitation by any individual providing health, social, legal, or other services, and the right to deny or withdraw consent at any time.
• Ability to present grievances and recommend changes in policies and services free from restraint, interference, coercion, discrimination, or reprisal. This includes the right to have access to the ombudsmen and other advocacy groups.
• Organize and participate in resident groups.
• Participate in social, religious, and community activities that do not interfere with the rights of others.
• Examine results of recent facility inspections by federal and state agencies, including the plan of correction if applicable.
• Manage his or her own financial affairs.
• Be fully informed, in writing and orally, of services available at the facility and of related charges for such services.
• Refuse medication and treatment and to know the consequences.
• Receive adequate and appropriate health care, protective and support services within established and recognized standards.
• Privacy in treatment and in caring for personal needs.
• Be informed of a medical condition and proposed treatment and be allowed participation in planning.
• Be treated courteously, fairly, and with the fullest measure of dignity.
• Be free from mental and physical abuse, corporal punishment, extended involuntary seclusion, and from physical and chemical restraints except those ordered by resident’s physician.
• Be transferred or discharged only for medical reasons, the welfare of other residents or nonpayment of a bill.
• Receive a thirty (30) day written notice of discharge or relocation, and challenge such notice.
• Choose physicians and pharmacies.
• Retain and use personal clothing and possessions.
• Have copies of the rules and regulations of the facility.
• Notification prior to room change.
• Information concerning bed-hold policy for hospitalization.

“If your loved one is injured or dies as the result of inadequate care in a nursing home or assisted living facility, please contact our experienced legal team. Spivey Law Firm, Personal Injury Attorneys, P.A. represents people involved in numerous types of personal injury and wrongful death accidents throughout the state of Florida. All our clients have unique personal injury cases, and our firm provides personal contact and communication along with aggressive representation. There are no costs or attorney fees unless we make a monetary recovery for you,” said Florida Nursing Home Negligence Attorney Randal Spivey.

Florida Nursing Home Negligence Attorney,Randall L. Spivey is a Board Certified Civil Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%)percent of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at  239. 337.7483 or toll-free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com  for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.