Florida

elderly-woman-Florida-nursing-home-abuseFlorida Nursing Home Abuse Lawyers

Florida nursing homes have been cited for numerous deficiencies in the past 10 years. Nursing home residents have suffered from severe abuse and neglect as a result of deficiencies in nursing homes. In 2008, over 31 percent of Florida nursing homes used chemical restraints in an unlawful manner to restrain patients. In addition, 15 percent of residents in Florida nursing homes developed pressure sores as a result of neglect.

It is clear that until anything is done to improve these disturbing conditions in nursing home facilities, nursing home residents have legal grounds to pursue claims against nursing homes for their injuries. If your loved one has suffered from injuries in nursing homes, then you should get in touch with Florida nursing home abuse lawyers today. Florida nursing home abuse lawyers will aggressively conduct their own investigation of a nursing home facility and hold powerful individuals in these facilities accountable for their disturbing and neglectful actions.

Signs of Abuse in Florida Nursing Homes

It is important for family members to be able to recognize signs of abuse when they occur in nursing home facilities. Nursing home residents can suffer from injuries that include the following:

  • Pressure sores
  • Infections
  • Open wounds
  • Bleeding
  • Skin irritation
  • Dehydration and malnutrition
  • Physical discomfort
  • Silence and fear of speaking in front of caretakers
  • Depression and constant anxiety
  • Broken or fractured bones
  • Weight loss
  • Poor hygiene

If staff workers or family members notice that a loved one is suffering from these injuries, then they should file a report with the appropriate authority and get in touch with nursing home abuse lawyers.

Florida Nursing Home Laws

Florida maintains strict laws in regards to the rights of nursing home residents and standards that nursing homes must meet. The law governing standards of nursing homes in Florida can be found in Chapter 59A-4. For example, every nursing home must appoint a full-time employee to ensure the confidentiality and maintenance of patient records. If medical records are left out, then the confidentiality of a resident’s condition may be compromised. In addition, Florida laws have been designed to protect against the exploitation of elderly and disabled individuals. Abuse occurs when a worker intentionally inflicts injury or willfully neglects a resident. In Florida, a worker who commits this abuse will be liable for a third-degree felony that is punishable by s.775.082, s.775.083 or s.775.084.

Nursing home residents are also entitled to certain rights under Florida law. These rights include the right to private communications, right to be free from restraint and coercion, right to manage his or her own financial affairs, right to be informed of medical treatments, right to receive adequate medical treatment, right to be treated with dignity and the right to be free from physical abuse. If you suspect that the rights of a loved one have been violated under Florida law, then you should speak with a nursing home abuse lawyer who can help you today.

Filing a Report of Nursing Home Abuse with Florida Authorities

In Florida, the Long-Term Care Ombudsman Office handles reports of abuse and fraud. Family members should make all reports of abuse to this office. Once a report is filed with the Ombudsman Office, then the office will investigate a complaint. Emergency protective services may be necessary to remove your loved one from the nursing home facility. Florida currently maintains a statewide system of 17 district councils with volunteer ombudsmen that can be contacted at any time.

Get Help from Florida Nursing Home Lawyers Today

If you have suspicions that your loved one is being abused in a Florida nursing home, then you can stand up for your rights with help from Florida nursing home abuse attorneys. Our attorneys are here to help families and residents throughout the State of Florida in such areas as:

  • Jacksonville
  • Miami
  • Tampa
  • Orlando
  • St. Petersburg
  • Hialeah
  • Tallahassee
  • Fort Lauderdale
  • Port St. Lucie
  • Cape Coral

Florida nursing home abuse lawyers are here to aggressively protect your loved one by fighting for the compensation that your loved one deserves. Feel free to schedule an initial consultation with one of our lawyers today.

Nursing Home Negligence

Statute of Limitations

Damages Cap

  • Noneconomic damages for negligence of practitioners: May not exceed $500,000 per claimant, regardless of number of practitioner defendants.  If negligence resulted in permanent vegetative state or death, total noneconomic damages may not exceed $1 million.  In cases not involving permanent vegetative state or death, claimant may recover noneconomic damages not to exceed $1 million if: trial judge determines that manifest injustice would occur unless increased economic damages are awarded based on finding that noneconomic harm was particularly severe and trier of fact determines that negligence caused catastrophic injury to patient. (Fla. Stat. Ann. Title XLV (Torts), Chapter 766 (Medical Malpractice and Related Matters), §766.118 – Determination of noneconomic damages)
  • Noneconomic damages for negligence of nonpractitioners: Noneconomic damages may generally not exceed $750,000.  If negligence resulted in permanent vegetative state or death, damages may not exceed $1.5 million.  In cases that do not involve death or permanent vegetative state, claimant may recover noneconomic damages not to exceed $1.5 million under specific circumstances. (Fla. Stat. Ann. Title XLV (Torts), Chapter 766 (Medical Malpractice and Related Matters), §766.118 – Determination of noneconomic damages)
  • Punitive damages – Cap is there times compensatory damages or $500,000, unless plaintiff demonstrates to court by clear and convincing evidence that a greater award is not excessive.
    (Fla. Stat. Ann. Title XLV (Torts), Chapter 768 (Negligence), §768.73 – Punitive damages; limitation)

Wrongful Death

Statute of Limitations

Damages Cap

  • Noneconomic damages for negligence of practitioners: May not exceed $500,000 per claimant, regardless of number of practitioner defendants.  If negligence resulted in permanent vegetative state or death, total noneconomic damages may not exceed $1 million.  In cases not involving permanent vegetative state or death, claimant may recover noneconomic damages not to exceed $1 million if: trial judge determines that manifest injustice would occur unless increased economic damages are awarded based on finding that noneconomic harm was particularly severe and trier of fact determines that negligence caused catastrophic injury to patient.
    (Fla. Stat. Ann. Title XLV (Torts), Chapter 768 (Negligence), §768.21 – Damages)
  • Noneconomic damages for negligence of nonpractitioners: Noneconomic damages may generally not exceed $750,000.  If negligence resulted in permanent vegetative state or death, damages may not exceed $1.5 million.  In cases that do not involve death or permanent vegetative state, claimant may recover noneconomic damages not to exceed $1.5 million under specific circumstances.
    (Fla. Stat. Ann. Title XLV (Torts), Chapter 766 (Medical Malpractice and Related Matters), §766.118 – Determination of noneconomic damages)
  • Punitive damages – Cap is there times compensatory damages or $500,000, unless plaintiff demonstrates to court by clear and convincing evidence that a greater award is not excessive.
    (Fla. Stat. Ann. Title XLV (Torts), Chapter 768 (Negligence), §768.73 – Punitive damages; limitation)

Nursing Home Care State Law

Disclaimer:

While we endeavor to keep this website current, the information and laws published here are subject to change. This web site may not immediately reflect such changes, and should not be considered legal advice. Please consult a lawyer if you have a specific legal problem.

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About Jonathan Rosenfeld

Jonathan RosenfeldJonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the …

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