Sarasota Nursing Home Neglect Attorney
Sarasota nursing home neglect can result in serious and life-threatening injuries to residents. When a resident at a Southwest Florida nursing home does not receive adequate care, as a result of unintentional negligence or an intentional act of deprivation or abuse, that patient can be at risk of severe harm. If you have concerns about an elderly loved one’s safety or want to know more about filing a nursing home neglect claim, you should seek advice from a Sarasota nursing home neglect attorney at Kohn Law.
What is Nursing Home Neglect in Sarasota?
Nursing home neglect is one type of nursing home home that can occur in Sarasota. According to the National Council on Aging (NCOA), neglect can be intentional or unintentional, taking the form of passive neglect or willful deprivation. Sometimes willful deprivation can be a form of emotional or psychological abuse while also affecting the resident’s physical well-being.
Sarasota Nursing Home Residents’ Rights and Neglect Claims
Nursing home residents have a right to be free from neglect in the facility. Given that neglect can involve both intentional acts of abuse as well as a negligent lack of care, it is important to understand how various forms of neglect violate nursing home residents’ rights in Southwest Florida. The Florida Statutes specify nearly two dozen nursing home resident rights, and the following three rights are specifically applicable to abuse and neglect:
- “The right to receive adequate and appropriate health care and protective and support services; including social services; mental health services, if available; planned recreational activities; and therapeutic and rehabilitative services consistent with the resident care plan, with established and recognized practice standards within the community, and with rules as adopted by the agency.”
- “The right to be treated courteously, fairly, and with the fullest measure of dignity and to receive a written statement and an oral explanation of the services provided by the licensee, including those required to be offered on an as-needed basis.”
- “The right to be free from mental and physical abuse, corporal punishment, extended involuntary seclusion, and from physical and chemical restraints, except those restraints authorized in writing by a physician for a specified and limited period of time or as are necessitated by an emergency.”
When any nursing home residents’ rights are violated, it may be possible to file a nursing home abuse and neglect claim.
Timeline for a Sarasota Nursing Home Neglect Claim
Most nursing home neglect lawsuits in Sarasota must be filed within two years from the date of the incident that gave rise to the claim, according to Florida law. The clock begins ticking on the date that the nursing home resident suffered an injury due to intentional abuse or a lack of care, and from that point, the claim must be filed within two years. If a claim is not filed within two years from that date, it will become time-barred. To be certain that you do not end up with a time-barred claim, you should seek advice from a Sarasota nursing home neglect lawyer.
Contact Kohn Law Today
At Kohn Law, our firm can begin working with you today on a nursing home neglect case in Southwest Florida. Nursing home neglect can be the result of an intentional act or unintentional negligence, and either way, you may be able to hold the facility accountable for damages. Contact our experienced Sarasota nursing home neglect attorney today for assistance with your claim.
