5 Things To Know About Nursing Home Neglect Claims
Given the high numbers of older adults in South Florida, including residents who live in nursing homes and assisted-living facilities across the state, it is important to understand how nursing home negligence claims work. Our West Palm Beach nursing home neglect lawyers want to provide you with some guiding information.
- Nursing Home Abuse and Neglect Can Take Many Different Forms
You should know that nursing home abuse and neglect can take many different forms. As such, the signs and symptoms of abuse can vary widely. Abuse or neglect may include physical abuse, psychological abuse, sexual abuse, financial abuse, intentional deprivation, and unintentional neglect. It may be possible to file a nursing home neglect claim when any of these forms of abuse results in injuries.
- Nursing Home Negligence Claims Can Be Filed By the Injured Nursing Home Resident or By a Family Member in the Event of a Fatal Injury
Who files the claim will depend upon a few factors. An injured nursing home resident may be able to file a lawsuit herself. However, if nursing home abuse results in fatal injuries, then the family members of the elderly adult may be able to file a wrongful death claim under Florida law.
- Claims Must Be Filed within a Specific Time Window
Nursing home abuse claims must be filed within a particular amount of time. For injury claims, the statute of limitations is typically four years, while wrongful death lawsuits must be filed within two years from the date of the senior’s death.
- Certain Types of Nursing Home Abuse Injuries Are On the Rise
Nearly any type of nursing home abuse injury can happen in a given day, yet The New York Times recently noted the particularly high rate of overmedication injuries in many nursing home settings.
- Nursing Home Residents Have Rights Under Florida Law
It is essential to understand that nursing home residents in Florida have rights under state law. The rights of nursing home residents are numerous and varied, and include but are not limited to:
The right to civil and religious liveries, the right to private and uncensored communication, the right to consent to a particular party’s access, the right to present grievances, the right to organize and participate in groups at the nursing home, the right to participate in religious or social or community activities, the right to examine the results of facility inspections, the right to manage their own financial affairs, the right to be fully informed of services at the nursing home facility and accompanying charges, the right to be fully informed of their medical condition and proposed treatment, the right to refuse medication or treatment, the right to privacy in treatment, the right to be treated courteously, the right to be free from mental and physical abuse, the right to be free from physical and chemical restraints, and numerous other rights.
A facility’s violation of these rights may result in a claim.
Contact a Nursing Home Neglect Lawyer in West Palm Beach
If you have questions or concerns about nursing home abuse or neglect, or if you need help filing a nursing home negligence claim, one of the experienced West Palm Beach injury lawyers at our firm can help. Contact Lesser Lesser Landy & Smith PLLC for more information.
Resource:
nytimes.com/2021/09/11/health/nursing-homes-schizophrenia-antipsychotics.html?action=click&module=Well&pgtype=Homepage§ion=Business
