Nursing home residents are some of the most vulnerable individuals in our society. That is probably why most states, including Florida, have specific laws that are designed to ensure the safety and security of these residents and to minimize the risk of nursing home abuse and neglect. If you reside in Palatka, Florida and if you or someone you love is a victim of nursing home abuse, you should know that there are laws that will protect you and those you care about. You can find out about these protective regulations by speaking to a elderly abuse attorney in Palatka, Florida.
The law ensures that nursing home residents should be guaranteed the following:
- The right to practice their religion and their civic beliefs without any restriction.
- The right to communicate freely and privately.
- The right to have access to medical, legal or any other counselor depending on the situation.
- The right to express any grievances to nursing home staff or management.
- The right to participate in residing groups and to engage in family meetings.
- The right to participate in any social activities, religious festivals and any other community activities.
- The right to have access to inspection results by government agencies and the right to know what measures are being implemented to correct any areas that are highlighted by the agency in question.
- The right to be able to manage their own financial affairs without any interference or intimidation.
- The right to be informed about the services offered at the nursing home facility and the charges associated with those services.
- The right to be informed about any medical condition they may be suffering from and the possible treatment options.
- The right to refuse any medication or treatment if they so desire and to be made aware of the consequences of such a decision.
- The right to receive adequate and appropriate health care and support.
- The right to privacy when treating and caring for personal needs.
- The right to be treated with courtesy and respect.
- The right to be in an environment which is free from any form of physical or mental abuse.
- The right to be given a 30 days’ notice in case of any transfer or discharge for a medical reason.
- The right to choose their own personal physician.
- The right to retain personal possessions and clothing depending on the space allocated.
- The right to have a copy of rules and regulations of the nursing home facility.
- The right to receive notice in case there is a change of room.
- The right to be informed of the bed reservation policy, if any, in case of hospitalization.
- The right to challenge any decision regarding discharge or transfer.
If any of these rights are violated, the nursing home resident can take legal action against the specific healthcare
provider at the elder care facility as well as the management of the nursing home. However, it is recommended that before such a decision is taken, the resident or their family members should consult a Florida elderly abuse lawyer to determine the best possible course of action.
Nursing home abuse attorneys will most likely tell you that for a successful legal action, the resident may have to prove that there was an actual violation of their rights. In other words, the resident must show that they were owed a duty of care which the defendant or defendants did not fulfill; that there was a breach of duty by the nursing home staff; that the breach of duty resulted in harm or loss to the resident either in the form of injury, damage or death; and that the resident sustained such an injury, damage or death because of this breach.
While there is no doubt that many nursing home residents are abused and neglected, it is important to consult a Palatka nursing home abuse lawyer to ensure that this evidence is presented to the courts properly. Using the services of a nursing home abuse attorney will increase the chances of a positive outcome for the resident.
Consult with a Nursing Home Abuse Lawyer in Florida Today
Our Florida nursing home abuse attorneys at John Fagan Accident Lawyers are always here to help you or your loved ones if their rights have been violated by the nursing home staff or managers. Elderly abuse is something that should not be taken lightly, as a long-term abuse of this nature could result in fatal consequences for the residents. Call us today and we will ensure we provide you the best possible legal representation.