Nursing Home and Assisted Living Abuse

Every generation in America has seen an extension of its life expectancy. A combination of greater prosperity, access to health care and tremendous advances in medicine and technology means that more and more of us will live to an advanced old age. Many will reach a point where our health will dictate that we abandon our independent lifestyle to receive the fundamental care provided by assisted living facilities and nursing homes.

When a person makes this transition into living in an assisted living facility or a nursing home they do not give up their rights, nor their expectations that they will be treated with dignity and respect, in a safe and secure environment. While the care received is often excellent, there are too many occasions when that is not the case. Abuse and neglect in nursing homes and assisted living facilities is particularly repugnant because the victims are the members of society too weak and vulnerable to defend themselves or to seek help when they are suffering.

Warning Signs

It is up to each of us to vigilantly guard and protect our parents, grandparents, brothers, sisters or other elderly relatives when they are residents of these facilities. It is critically important to visit the resident frequently and to arrive unannounced at a variety of times so you will see the facilities when you are not expected. Be alert for unexplained bruising, or weight loss. Investigate when your loved one expresses fear for their health, safety, or if they complain that they have had their property stolen. Try to be present from time to time when the resident is being bathed to check for decubitus ulcers (bedsores) or pressure sores which can be very painful and difficult to heal if allowed to get out of control. Other indicators of possible neglect are falls, broken bones, dehydration, malnutrition, and/or excessive use of chemical or physical restraints. Are there adequate opportunities for physical and vocational rehabilitation? What recreational activities are the residents provided? Do you notice residents left alone in beds or wheel chairs for extended times? Look around at the cleanliness of the facility, is there adequate staffing; is the level of staffing appropriate? Are there unpleasant smells or efforts to mask those smells with excessive amounts of chemicals? Even simple mistakes like failing to attend to bed rails may result in a fall out of bed and a serious injury to the resident which should be brought to the attention of the staff. The residents who have family members who actively advocate for them often receive better and more consistent care. The staff is aware of which residents receive visitors and which do not.

Florida Laws

The Florida Legislature, concerned over the conditions of residents in nursing homes and assisted living facilities has tried to help by enacting a series of laws contained in Chapter 400 that are designed to establish and enforce certain basic standards for nursing home and assisted care facilities. It is fundamental that all residents are entitled to safe, sanitary and decent living conditions that protect them from abuse and neglect. The stated purpose behind this act is "to provide for the development, establishment and enforcement of basic standards for: (1) the health, care and treatment of persons in nursing homes and related health care facilities and; (2) the construction, maintenance, and operation of such institutions which will insure safe, adequate, and appropriate care, treatment, and health of persons in such facilities."

When residents are not afforded basic human rights or are subjected to abuse or neglect, the law provides an avenue or redress for them. Sadly, sometimes the resident dies either as a result of this abuse or neglect or from unrelated causes, but Florida law still allows family members to sue the facility for any abuse, neglect or other violation of the resident's rights. The public policy in Florida, as expressed through the enactment of Chapter 400, is to place the civil enforcement of the resident's rights into the hands of the residents or their survivors. By making the facilities bear the financial liability of damages when a resident's rights are violated, the facilities are further encouraged to ensure proper and humane treatment of their residents.

Patient Rights

The Legislature has gone beyond merely prohibiting certain conduct by nursing homes and assisted living facilities. Florida has passed itemized rights which each nursing home and assisted living facility resident enjoys, and which are protected by law. Florida puts the burden of protecting these rights on the nursing home or assisted living facility. When these long term care facilities apply for their license, they maintain that they will undertake this obligation and fulfill that responsibility of protecting their residents' rights. Under Florida Statutes, the rights of residents include:

  1. The right to religious freedom.
  2. The right to private and uncensored communication.
  3. The right to have reasonable access to the resident by an entity or individual that provides health, social, legal or other services to residents of nursing homes.
  4. The right of a resident to present grievances, i.e., providing a forum where grievances can be presented.
  5. The right to organize and participate in resident groups.
  6. The right to participate in social, religious, and community activities.
  7. The right to examine the results of the most recent federal or state inspection of the facility.
  8. The right to manage his or her own financial affairs.
  9. The right to be fully informed at the time of admission and throughout services available in the facility and the related charges for such services.
  10. The right to be adequately informed of his or her medical condition and proposed treatment, including the right to refuse medication and treatment.
  11. The right to refuse medication or treatment and to be informed of the consequences.
  12. The right to receive, in a nursing home, adequate and appropriate healthcare and protective and support services, including social, mental, recreational, therapeutic and rehabilitative services consistent with the resident's care plan and with established and recognized practice standards.
  13. The right to privacy and treatment and in caring for the resident's personal needs, including the right to confidentiality of their medical records.
  14. The right to be treated courteously, fairly, and with the fullest measure of dignity.
  15. The right to be free from mental and physical abuse, corporal punishment, extended but involuntary seclusion and to be free from physical and chemical restraints, except those restraints authorized by a physician for a specified and limited period of time or as necessitated by emergency.
  16. The right to be transferred or discharged only for medical reasons or for the welfare of other residents.
  17. The right to freedom of choice in selecting a personal physician.
  18. The right to retain and use personal clothing and possessions.
  19. The right to have copies of the facility's rules and regulations.
  20. The right to receive notice before a resident's room is changed.
  21. The right to be informed of the bed reservation policy for hospitalization.
  22. For recipients of Medicaid or Medicare, the right to challenge the decision by the facility to discharge or transfer.

Contact the Kane Law Firm, P.A.

Nursing homes, long term care facilities, and assisted living facilities play an essential role in our society.  Florida law has been designed to ensure that the residents of these facilities receive the level of care and treatment and enjoy the quality of life to which they are entitled.  A specific Resident's Bill of Rights is included in the statute and must be protected by the facility.  When the facility fails to protect those rights or subjects the resident to abuse or neglect, it will be subject to the payment of damages to the resident or his/her estate.  The role of the family members to act as advocates for the resident cannot be over emphasized. 

If you or a loved one have been the victim of abuse at a nursing home or assisted care facility, please call the Central Florida Nursing Home Abuse Attorneys at the Kane Law Firm, P.A. in Orlando, Florida at (407) 898-9130, submit a contact form on our website, or email us at Info@KaneInjury.com. 

We offer a free initial consultation, and if we agree to take your case, we will work on a contingency basis. This means we will get paid for our services only if there is a monetary award or recovery of funds.