Can You Sue a Nursing Home for Wrongful Discharge?

Making the decision to place your loved one in a nursing home is extremely difficult. Even when you know that it is what is best for them and the only way for them to receive proper care, it is still very difficult. The challenge becomes devastating when you learn that your loved one has been neglected, or even wrongfully discharged.

There are certain instances when a nursing home can discharge a resident. When a discharge does not fall into any of these categories, it may be considered abuse. Below, our Tampa nursing home abuse lawyers explains in further detail.

Legal Reasons for Discharge from a Nursing Home 

While some nursing homes in Florida may violate the law by wrongfully discharging and transferring residents, there are sometimes valid reasons for discharge. These include:

• The nursing home is no longer able to meet the resident’s needs and the discharge is necessary to protect the welfare of the resident.
• The health of the resident has improved significantly and there is no reason for them to continue staying in the nursing home.
• The resident’s presence is posing the safety of the other residents in the facility.
• The health of other residents or staff members may become compromised if the resident were to remain in the facility.
• The resident failed to apply for Medicaid/Medicare or pay the facility so they were discharged.
• The facility is closing and all residents are being transferred.

While the above are legal reasons to discharge nursing home residents, facilities sometimes discharge elderly individuals under the guise of those reasons. For example, a facility may wrongfully discharge a Medicaid resident for a resident who privately pays and therefore, makes more profit for the nursing home. This is known as ‘patient dumping’ and it is against the law.

Requirements for Discharge 

Even when a nursing home has a legitimate reason to discharge a resident, they still must fulfill certain requirements. These are as follows:

• The resident, their family member, or their legal representative must receive written notice at least 30 days prior to the discharge, with the exception of emergency situations.
• The facility should prepare a report outlining the physical and mental state of the resident.
• The nursing home must create a detailed post-discharge care plan for the resident.
• The nursing home must arrange an orderly, safe, and complete discharge of a resident as well as their personal funds and belongings.

Our Nursing Home Abuse Lawyers in Tampa Can Help with Wrongful Discharge

 Wrongful discharge from a nursing home can cause confusion and frustration for the whole family. If this has happened to your loved one, it is important to seek legal advice. At Kohn Law, our Tampa nursing home abuse lawyers are dedicated to helping residents and their loved ones deal with abuse and neglect, including wrongful discharge. Call us now at 813-428-8504 or contact us online to schedule a consultation with our experienced attorneys and to get the legal help you need after a wrongful discharge.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0400/0400.html