What is Nursing Home Abuse or Neglect?

Nursing home abuse or neglect occurs as a result of the careless, reckless or negligent behavior of nursing home employees. According to the State of Florida Agency for Health Care Administration there are more than 72,000 adults currently living in 719 nursing homes or assisted living facilities throughout the State of Florida. A majority of these nursing home residents, to their detriment, rely on nursing home employees to provide them with personal needs such as food, water, medicine, bathroom assistance, daily hygiene care and social activities.

Unfortunately, there are many nursing home residents who have suffered severe injuries or death as a result of nursing home abuse or neglect.

Our law firm has represented and assisted many injured nursing home residents or their immediate family members, in bringing lawsuits against nursing homes and assisted living facilities. We never charge our clients any fees or expenses, unless we win your case. Please see our contingency fee section to learn more about our "No Fee Unless We Win" policy. If you suspect that you or a loved one have been the victim of nursing home abuse or neglect, the attorneys of The Law Offices of Marc S. Schiller, P.A. would like to meet with you and discuss the investigation of your claim.

Common Indicators and Types of Nursing Home Abuse

Nursing home abuse can be physical, verbal, or financial. Physical abuse is the intentional or unintentional infliction of pain or injury by a nursing home employee, upon a resident. Verbal abuse takes place when a nursing home employee threatens or causes a resident to suffer emotional distress. Financial abuse involves a nursing home's illegal or improper use of a resident's property or money for personal gain. The examples listed below are common indicators and types of nursing home abuse:

• Resident had multiple bruises, a broken arm, and there was no report or investigation of the cause.
  
  
• A resident assessed as at risk for skin breakdown developed a stage III and a stage IV bed/pressure sore because the staff failed to turn and position the resident as instructed.
  
  
• A resident, identified as at high risk for falls, fell and sustained severe injuries due to the lack of supervision and care.
  
  
• Nursing home employees provided residents with the wrong medication.
  
  
• Resident lost ten (10) pounds in one month and there was no documentation that the facility was aware of the weight loss or that any plan was in place to prevent future weight loss.
  
  
• A resident who is diabetic had to wait a month for an appointment with a specialist to check a swollen foot.
  
  
• A nursing home employee, with a prior record of criminal activity, sexually abused a resident.
  
  
• The nursing home failed to properly supervise a resident who was abusing other residents.
  
  
• A night shift employee threatened to injure a resident if he left his room at anytime during the night.
  
  
• A nursing home employee persuaded a resident to sell personal property to the nursing home employee.

Florida Nursing Home Residents Bill of Rights

In 1976, Florida enacted the Nursing Home Residents' Bill of Rights 400.022. Since enactment, these rights have been expanded and amended to further protect nursing home residents. A nursing home resident or resident's family members have the right to commence a legal action free of charge, if a resident has suffered severe injury or death as a result of nursing home abuse or neglect. The Nursing Home Bill of Rights states the following:

All licensees (owners) of nursing home facilities shall adopt and make public a statement of the rights and responsibilities of the residents of such facilities and shall treat such residents in accordance with the provisions of that statement. The statement shall assure each resident the following:

The right to civil and religious liberties, including knowledge of available choices and the right to independent personal decision, which will not be infringed upon, and the right to encouragement and assistance from the staff of the facility in the fullest possible exercise of these rights.

The right to private and uncensored communication, including, but not limited to, receiving and sending unopened correspondence, access to a telephone, visiting with any person of the resident's choice during visiting hours, and overnight visitation outside the facility with family and friends in accordance with facility policies, physician orders, and Title XVIII (Medicare) and Title XIX (Medicaid) of the Social Security Act regulations, without the resident's losing his or her bed. Facility visiting hours shall be flexible, taking into consideration special circumstances such as, but not limited to, out-of-town visitors and working relatives or friends. Unless otherwise indicated in the resident care plan, the licensee shall, with the consent of the resident and in accordance with policies approved by the agency, permit recognized volunteer groups, representatives of community-based legal, social, mental health, leisure programs, and members of the clergy access to the facility during visiting hours for the purpose of visiting with and providing services to any resident.

Any entity or individual that provides health, social, legal, or other services to a resident has the right to have reasonable access to the resident. The resident has the right to deny or withdraw consent to access at any time by any entity or individual. Notwithstanding the visiting policy of the facility, the following individuals must be permitted immediate access to the resident:

What Is The Florida Nursing Home Rating System?

Florida is the only state with a nursing home rating system. The State of Florida Agency for Health Care Administration ("AHCA") is the governing body responsible for inspecting and rating each licensed nursing home. Ratings are an assessment of quality and performance at the time of the state's annual inspection. A nursing home may be rated superior , standard or conditional . A superior rated facility, the highest rating, exceeds minimum standards; a standard rating indicates the facility meets minimum standards; and a conditional rating indicates that the facility failed to meet, or correct upon follow-up, minimum standards. Florida takes immediate action against facilities which pose a threat to a resident's health or safety. Every three months the AHCA publishes a list of those nursing home that have a conditional rating. To request a copy of the quarterly updates please call the AHCA toll-free at (888) 419-3456. Or you can visit http://www.fdhc.state.fl.us/nurhome/index.html to view the most recent update.

The Inspection Process

The State of Florida Agency for Health Care Administration inspects nursing homes each year. The survey includes a facility tour; interviews with residents, families, staff, visitors and volunteers; assessments of resident rights, protections and activities; and medical record reviews. As necessary, the Agency also investigates consumer complaints against nursing homes. Nursing homes are required by law to post state inspection reports.