What Laws Impact Nursing Home Abuse Cases in Florida?
The nursing home laws in Florida are meant to provide facilities with standards of treatment to ensure the basic rights of residents are upheld. The laws also help ensure the health, safety, and comfort of nursing home residents. If your loved one is in a nursing home and you believe their rights are not being upheld, you may be able to file a claim against the abusive staff member or the facility. Below, our Tampa nursing home abuse attorney outlines the laws that may apply to your case.
Staffing Requirements in Nursing Homes
Every nursing home must have a certain number of staff members according to the guidelines established by The Florida Department of Health. Staff members must have appropriate training and experience to ensure they can properly care for residents. All facilities must also have qualified nurses, nursing assistants, and healthcare practitioners. Under the law, nursing homes must have a minimum of one physician, one nurse, and one dietician. These personnel must be qualified and pass a criminal background check.
Basic Rights of Residents
Under the law, all nursing home residents have the right to a safe, clean, comfortable, and homelike environment. This means facilities must provide residents with clean bedding, clothes, and living areas. All residents should also have access to clean hot water, drinking water, comfortable temperatures, and sufficient lighting. Nursing homes must also have adequate access to railings, ramps, and other safety features. Other basic rights of nursing home residents include:
- Social activities,
- Nutritious meals,
- Access to medication,
- Daily exercise,
- Access to emergency care,
- Access to medical care,
- Counseling services when necessary, and
- A peaceful life free of abuse.
Privacy
The nursing home laws in Florida also require residents to have a certain level of privacy when their personal or medical needs are being met. Residents are allowed to close the doors to their room, and staff members should knock before entering. The only exceptions to this are when there is an emergency or it is not medically possible. Under the law, residents can also safely and securely store their possessions. Additional privacy rights afforded to nursing home residents are as follows:
- Sending and receiving unopened mail,
- Access to a telephone,
- Overnight visitation that complies with the home’s policies, Medicare and Medicaid regulations, and doctor orders, without the loss of the patient’s bed.
Call Our Nursing Home Abuse Attorney in Tampa After a Violation
It is important that nursing home residents, and their family members, understand the rights they have when staying in a facility so they know when those rights have been violated. At Kohn Law, our Tampa nursing home abuse attorney is well-versed in state law and can review the facts of your case to determine if a violation has occurred. If so, our experienced attorney can also guide you through the process of filing a claim so your loved one obtains the full and fair compensation that is rightfully theirs. Call us today at 813-428-8504 or chat with us online to schedule a consultation and to get more information.
