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As a nursing home resident in Florida, it is important to make sure you know your rights. While some nursing homes follow the law and do their best to meet their residents’ needs, the unfortunate reality is that far too many nursing home residents fall victim to neglect, negligence and abuse. Learn about your legal rights as a Florida nursing home resident from Fort Myers injury attorney Randall L. Spivey.

Nursing Home Residents’ Rights Under Florida Law

Section 400.022 of the Florida Statutes provides nursing home residents with several clear legal rights. Nursing homes have a strict obligation to observe these rights; and, if they fail (or refuse) to do so, they can—and should—be held fully accountable.

Under Florida law, nursing home residents’ rights include (but are not limited to):

• “The right to be free from mental and physical abuse, sexual abuse, neglect, exploitation, corporal punishment, extended involuntary seclusion, and physical and chemical restraints, except those restraints authorized in writing by a physician for a specified and limited period of time or as are necessitated by an emergency.”
• “The right to freedom of choice in selecting a personal physician [and] to obtain pharmaceutical supplies and services from a pharmacy of the resident’s choice . . . .”

Again, this list is not exhaustive. However, these are among the most important rights you have as a nursing home resident. If you believe that a Florida nursing home has violated your (or a loved one’s) rights, you should take action promptly.

A Closer Look at Nursing Home Residents’ Legal Rights in Florida

While Section 400.022 of the Florida Statutes provides a concise overview of nursing home residents’ legal rights, there is a lot to unpack from the statutory language. With this in mind, here is a closer look at some of the rights afforded by the statutory language quoted above:

• The Right to Be Free from Mental Abuse – Mental abuse in nursing homes can take many different forms. Belittling, berating, and verbally assaulting nursing home residents are all considered forms of mental abuse under the law. Depriving residents of their basic needs and isolating residents from their family and friends are all-too-common forms of mental abuse in nursing homes as well.
• The Right to Be Free from Physical Abuse, Sexual Abuse, and Corporal Punishment – With only very limited exceptions for medically necessary restraints, essentially all forms of unwanted physical contact in nursing homes are prohibited by Florida law. This includes all forms of physical abuse (i.e., punching, slapping, and pushing) as well as all forms of sexual abuse and corporal punishment.
• The Right to Be Free from Neglect – Neglect is among the most pervasive issues we see in Florida nursing homes. As a nursing home resident, you have the right to receive the support and care you need to live your life comfortably on a day-to-day basis. If you are being ignored, if you are not receiving the nutrition or hydration you need, if you are not receiving all of your medications, or if you are dealing with any other form of neglect, you deserve better—and you should seek help promptly.
• The Right to Freedom of Choice in Selecting a Physician and Pharmacy – When you are living in a Florida nursing home, the nursing home does not have the right to tell you where to go for medical treatment or to fill your prescriptions. Except in the case of an emergency in which you are unable to make decisions on your own, you have the absolute right to decide where you want to go for medical care.

Ultimately, if you have concerns about abuse, neglect, or any other violation of your (or a loved one’s) rights for any reason, you should not ignore them. Help is available, and while some violations of nursing home residents’ rights are isolated incidents, in many cases, intervention is necessary to protect residents against future violations.

What Can You Do if a Florida Nursing Home Has Violated Your (or a Loved One’s) Rights?

What can you do if a Florida nursing home has violated your (or a loved one’s) rights? In this scenario, one of the most important things you can do is contact an attorney at Spivey Law Firm, Personal Injury Attorneys, P.A. as soon as possible. Even though nursing home residents’ rights are clear, protecting residents’ rights can be challenging, so it is important to seek help from an experienced attorney who can deal with the nursing home and the appropriate authorities on your behalf.

At Spivey Law Firm, Personal Injury Attorneys, P.A., we protect nursing home residents’ rights at no out-of-pocket cost to our clients. If you believe that your (or a loved one’s) nursing home has violated any of the rights discussed above, Fort Myers injury attorney Randall L. Spivey can explain everything you need to know. He can help you make informed decisions; and, if necessary, he can take legal action to hold your (or your loved one’s) nursing home fully accountable. This includes not only seeking just compensation for any medical treatment necessitated by the nursing home’s acts or omissions, but also seeking just compensation for your (or your loved one’s) pain and suffering, emotional trauma, and other financial and non-financial losses.

Schedule a Free and Confidential Consultation with a Fort Myers Injury Attorney

Has your loved one been injured while in the care of a Florida nursing home? If so, we strongly encourage you to contact Spivey Law Firm, Personal Injury Attorneys, P.A. right away. Attorney Randall L. Spivey is a Board Certified Civil Trial Attorney. Only 1 % of the Florida attorneys are Board Certified in Civil Trial Law. As a certified attorney, he is proven to be a specialist or expert in Civil Trial Law. Attorney Spivey has also received a Preeminent Attorney Rating from Martindale-Hubbell, which is the highest rating standard, signifying the top ranking for legal knowledge, communication skills, and ethical standards.

At Spivey Law Firm, Personal Injury Attorneys, P.A., we utilize our team of experts and legal discovery to prove cases of elder abuse and neglect. We provide personal attention to each client and devote whatever resources are necessary to help our clients to obtain maximum compensation. 

To schedule a free and confidential consultation with Fort Myers injury attorney Randall L. Spivey, please call us at (239) 337-7483, toll-free at 888-477-4839, or contact us online at SpiveyLaw.com  today.