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Nursing home neglect and abuse is unfortunately common, and situations can vary quite substantially in terms of how the neglect and abuse are expressed — though abuse that is physical in-nature can be easier to identify, it is important to note that both emotional and financial abuse are common, too.  If you or a loved one has suffered from nursing home neglect or abuse, speak with a qualified Florida attorney as soon as possible in order to assess the potential of the nursing home abuse claims and to move forward with litigation.

Given the state’s large elderly population, it should perhaps come at no surprise that Florida law is especially protective of its seniors.  In fact, Florida has some of the strictest nursing home abuse laws in the nation, with a wide range of statutory protections and mandatory reporting requirements.

Let’s begin our examination of nursing home abuse claims with a quick glance at nursing home resident rights granted by law.

Rights Granted to Nursing Home Residents

Section 400.022 of the Florida Statutes enumerates the rights of nursing home residents with regard to their care.  Specifically, the licensed nursing home facility must adopt and make a public statement of the rights granted to residents of their facility, and must treat the residents accordingly.  If the enumerated rights are violated in any way, then the law entitles the victim-resident to recover damages from the nursing home for said violation.

Among many other rights, nursing home residents are entitled to: a) civil and religious liberties; b) private and uncensored communication, including reasonable visitation privileges and access to a telephone; c) access to necessary health, social, legal, and other services, and the ability to refuse such services; d) immediate visitation and access of federal and state government representatives, as well as family members; e) criticize nursing home policy/care without repercussion; f) participate in social, religious, and community activities; g) organize and participate in resident groups; h) manage their own financial affairs; i) be informed about the cost and availability of various services in the nursing home; j) be informed about their medical conditions and treatment; k) participate in the planning of all medical treatment, and to refuse treatment (after being informed of the consequences); l) be treated courteously, fairly, and with dignity; m) be free from mental and physical abuse, corporal punishment, extended involuntary seclusion, restraints (except when authorized by a physician for a specific and limited time period, or when necessary in an emergency), and more.

Making a Claim

As per section 400.023 of the Florida Statutes, a nursing home neglect/abuse claim may be brought by the senior resident, their guardian, a person acting on behalf of the resident (with consent), or by the personal representative of a deceased resident’s estate.

For example, if you are not the guardian of the senior resident, but would like to bring a claim for nursing home abuse on behalf of the resident, you may do so assuming that you have obtained the consent of the resident or the resident’s guardian.

Nursing home abuse claims require that the duty-bound defendant — a nursing home employee, manager, owner, etc. — violated one of the resident’s many enumerated rights granted by Section 400.022.  This violation must have resulted in damages to the nursing home resident.

Bear in mind that emotional trauma, physical injury, and financial losses, among many other loss categories, qualify as damages.

The Statute of Limitations

The statute of limitations — or deadline — for filing a nursing home abuse claim is two years from the moment that the precipitating incident occurred, so it’s important that you consult with an attorney as soon as possible!  It should be noted, however, that Florida law allows for a deadline extension in situations where the defendant concealed or otherwise attempted to prevent the resident (and other concerned parties, like family members) from discovering the abuse or neglect.

Contact Randall Spivey to speak with a skilled Fort Myers nursing home abuse lawyer at the Spivey Law Firm, Personal Injury Attorneys, P.A.  We will provide a free and confidential consultation to discuss your legal rights.