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Three Important Things To Know About Nursing Home Abuse Laws In Florida

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Florida has enacted many nursing home abuse laws to ensure that residents are provided with basic rights and standards of treatment. The intention of the laws is to ensure nursing homes provide health, comfort, and safety to all patients. Unfortunately, not all nursing homes comply with these laws. Sometimes, patients’ rights are violated and when they are, residents suffer injuries and other serious harm. When that is the case, loved ones can file a lawsuit on their family member’s behalf. Before filing a claim, you should know some of the most important laws regarding nursing home abuse.

Staff Requirements in Nursing Homes

Nursing home abuse and neglect occurs more commonly when nursing homes are not properly staffed. To protect residents from neglect and abuse due to understaffing, the law sets out specific staffing guidelines facilities must follow. The first priority is that nursing homes must be equipped with enough staff that residents can receive the ongoing care and support they need. Staff members must also be experienced and trained properly to ensure patients receive the proper standard of care.

The nursing home laws in Florida require facilities to have at least one dietician, one nurse, and one physician available at all times. These staff members must be fully qualified and undergo a criminal background check.

Standard of Living in Nursing Homes

Florida law requires nursing homes to provide residents with a clean, safe, comfortable environment that is homelike. Facilities must provide residents with clean bedding, clothes, and living quarters. Residents should also be provided with hot water, clean drinking water, comfortable temperatures, and adequate lighting. Nursing home should also have appropriate rails, ramps, and other safety features. Some of the basic rights of nursing home residents include the right to:

  • Social activities
  • Nutritious meals
  • Daily exercise
  • Access to emergency care
  • Access to medication
  • Mental counseling, when necessary
  • A peaceful non-abusive setting

A Resident’s Right to Privacy

Nursing homes must also provide patients with privacy any time they receive treatment, or while caring for their personal needs. Residents must also be allowed to close the doors to their room and ask nursing home staff members to knock before they enter. The only exceptions to this are when doing so is not medically practical, or when there is an emergency. The law in Florida also specifies that residents must be able to safely and securely store and use their own belongings.

Under the law, residents must also have access to a telephone, unrestricted visitations during visiting hours, and the right to send and receive unopened mail. Nursing homes must also allow overnight visitations that comply with the facility’s policy and doctor’s orders without the resident losing their bed.

Our Nursing Home Abuse Lawyer in Tampa Will Help Uphold Your Rights

Nursing homes are required to comply with the many laws outlined by the state, but that does not mean they always do. If your loved one’s rights have been violated, our Tampa nursing home abuse lawyer at Kohn Law can help you make it right. Our skilled attorney has the necessary experience to prove your case and help you obtain the full financial compensation your family deserves. Call us today at 813-428-8504 or fill out our online form to schedule a free consultation.

Resource:

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

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