Lawsuit Against Nursing Homes: Understanding Your Legal Rights

Nursing home abuse and neglect lawsuits are a way to hold care facilities accountable for failing to keep residents safe and provide adequate care. These lawsuits can result in financial compensation for victims and their families, covering medical bills, relocation costs, funeral expenses, and more. When pursuing legal action, it is essential to act quickly and gather evidence such as medical records, photographic evidence, and eyewitness accounts to support the claim. The specific laws that apply to nursing home suing cases vary depending on the location and the nature of the abuse or neglect, but they generally involve civil and criminal laws, as well as state and federal regulations.

Florida Nursing Home Bill of Rights

The Florida Nursing Home Bill of Rights is a set of regulations that significantly change the way nursing homes treat their residents. These regulations define minimum standards of care, promote and protect the rights of each resident, and aim to provide residents with a higher quality of life. Here is a detailed breakdown of the Florida Nursing Home Bill of Rights:

• Right to Dignity and Respect: Nursing home residents must be treated with consideration, respect, and dignity. They are also guaranteed freedom from mental and physical abuse, neglect, corporal punishment, and involuntary seclusion.
• Right to Self-Determination: Residents have the right to make their own decisions about their daily lives, such as what to wear, how to spend their free time, and how to manage their finances. They can also choose their personal physician and organise or participate in a "Resident Council".
• Right to Private and Uncensored Communication: Residents have the right to unrestricted private communication with any person, especially while receiving treatment and care for their personal or medical needs. They can also speak privately about medical, personal, or financial matters without interference.
• Right to Refuse Treatment: Residents have the right to refuse any medication or treatment and to be informed of the consequences. They can also refuse physical and chemical restraints.
• Right to Information and Notification: Nursing home residents have the right to be fully informed, in a language they understand, about all available services and any related charges. They must also be notified in advance of any room or roommate changes.
• Right to Adequate and Appropriate Healthcare: Residents are entitled to receive sufficient and appropriate healthcare services that meet established and recognised standards. They also have the right to participate in their assessment, care planning, treatment, and discharge.
• Right to Transfer and Discharge Information: Residents have the right to remain in the facility unless they need to be transferred or discharged for safety reasons or because they no longer require nursing home care. They must be informed at least 30 days in advance of any discharge or transfer, along with the reason and effective date.
• Right to Manage Financial Affairs: Residents can manage their own financial affairs and will receive a quarterly accounting of their finances.
• Right to Civil and Religious Liberties: Residents retain their civil and religious liberties and have the freedom to exercise these liberties independently. No religious beliefs or practices can be imposed on them.
• Right to Grievance and Recommendation: Residents can present grievances and recommend changes in policies, procedures, and services without fear of restraint, interference, coercion, discrimination, or reprisal. They also have access to ombudsman volunteers and advocacy groups.

United States Nursing Home Care Standards

The United States Nursing Home Care Standards are a set of federal standards that nursing homes must adhere to. These standards are outlined in the Nursing Home Reform Act of 1987, which requires nursing homes to help each resident attain or maintain the highest practicable physical, mental, and psychosocial well-being.

The following are some of the key requirements:

• Nursing homes must give equal attention to residents' quality of life.
• Nursing homes must conduct an annual assessment to determine the care needs of its residents and the staff competencies necessary to meet them.
• Nursing homes must have sufficient nursing and other staff to meet the needs of each resident at all times.
• Nursing homes must provide or obtain rehabilitative services such as physical, speech, and occupational therapy if required in the resident's comprehensive plan of care.
• Nursing homes must ensure that residents who are trauma survivors receive culturally competent, trauma-informed care.
• Nursing homes must ensure that residents who enter the facility without limited range of motion do not experience a reduction in range of motion unless clinically unavoidable.
• Nursing homes must ensure that residents who are continent of bladder and bowel on admission receive services and assistance to maintain continence unless clinically unavoidable.
• Nursing homes must provide or obtain routine and emergency dental services to meet the needs of each resident.
• Nursing homes must offer each resident with sufficient fluids, consistent with their needs and preferences, to maintain proper hydration and health.
• Nursing homes must provide each resident with a nourishing, palatable, well-balanced diet that meets their daily nutritional and special dietary needs.
• Nursing homes must ensure that residents are free of any physical or chemical restraints imposed for purposes of discipline or convenience and not required to treat the resident's medical symptoms.

Florida Civil Negligence Laws

Negligence in a nursing home is defined as a failure to meet reasonable standards of care. The requirements are stringent for nursing homes as they are responsible for providing care and comfort to their residents. Negligence can manifest as affirmative actions that harm the resident or through neglect.

Some examples of nursing home negligence include:

• Inadequate food and water
• Poor access to exercise and movement within the facility
• Emotional abuse and harassment
• Medical malpractice and neglect of medical needs
• Isolation and restriction from socialisation with other residents
• Financial exploitation
• Cleanliness and sanitation issues
• Interference with private communication

To receive a settlement for a nursing home negligence lawsuit, one must first assert a claim. While attorneys can sometimes negotiate a resolution by working directly with the defendant outside of a formal suit, most cases require the filing of a legal claim to obtain a settlement.

When bringing a legal claim for settlement, one must prove that neglect occurred by demonstrating the standard of reasonable care, showing how care providers failed to meet that standard, and establishing how the neglect resulted in harm to the victim.

Florida Criminal Laws

Florida's criminal laws impose strict penalties on nursing homes found guilty of neglect. The state considers the abuse, neglect, or exploitation of vulnerable adults as a crime under Section 825.102 of the Florida Statutes.

The penalties depend on the severity of the neglect and the harm caused to the resident. Nursing homes or their staff members can face criminal charges ranging from misdemeanors to felonies.

Florida law defines neglect as a failure to provide the necessary care and attention to a resident, resulting in physical or emotional harm. This can include basic needs neglect, medical neglect, personal hygiene neglect, and social and emotional neglect.

The state has a Nursing Home Residents' Bill of Rights, outlined in Chapter 400 of the Florida Statutes, which sets out the rights of nursing home residents and aims to safeguard their well-being.

If you suspect nursing home neglect, you can report it to the Agency for Health Care Administration (AHCA) or the Florida Department of Health (DOH). AHCA oversees nursing home complaints, while DOH focuses on the conduct of healthcare professionals.

Florida law allows you to pursue a nursing home neglect case with the help of a lawyer. You can seek justice and compensation for your loved one's suffering.

Statute of limitations

Statutes of limitations are laws that set a time limit on how long someone has to file a lawsuit. These laws vary depending on the state and the type of case. In the United States, statutes of limitations for nursing home abuse lawsuits typically range from one to six years, with most states setting the limit at two to three years for personal injury cases.

In Texas, for example, an injured party usually has two years from the date of injury to file a lawsuit. Meanwhile, in Michigan, the statute of limitations for medical negligence cases, which include many nursing home abuse and neglect cases, is two years after the negligent act. For general negligence cases in Michigan, the statute of limitations is three years.

It is important to be aware of the statute of limitations when considering filing a lawsuit against a nursing home, as failing to file within the specified time frame will result in the case being rejected. Working with an experienced lawyer can help ensure that your case is filed within the applicable statute of limitations.

Frequently asked questions