Florida’s nursing home residents have the legal right to their civil and religious liberties, as well as private and uncensored communication, control over their medical treatments, information about their care, and updates about the residences they’re in.
Nursing home residents who feel as though a home and its staff have violated their rights or family members interested in acting on behalf of a resident can connect with a Florida nursing home abuse lawyer to discuss these rights in greater detail. An attorney can then help victims and their families take legal action against negligent or abusive facilities.
Let’s break down the protections that Florida statutes afford nursing home residents so you can better notice when a nursing home violates your or a loved one’s rights.
Residents’ Rights Regarding Civil Liberties
Per Florida Statute 400.022, nursing home residents in Florida have the right to retain their civil and religious liberties. No nursing home has the right to deny residents the ability to practice their core beliefs, observe personal customs, or access social services designed to protect and improve their quality of life.
Nursing home residents have the right to uncensored and private communication, including the right to present grievances about their treatment within a care facility. Residents who express themselves are protected by law from discrimination, retaliation, and professional interference.
In this same vein, nursing home residents have the right to retain their personal autonomy. Residents who are able to do so can exercise control over their own financial and legal affairs. Residents also have the right to review any paperwork relevant to their tenure, inspections of the facility they live in, and updates to a facility’s operating policies.
For a free legal consultation , call (813) 259 0022
Residents’ Rights Regarding Respectful Medical Treatments
Most nursing home residents will need some kind of medical care to maintain a healthy quality of life. However, the legal rights of nursing home residents in Florida allow those residents to refuse treatment and to benefit from explanations of their possible care. Residents also have the right to privacy throughout their treatments.
Any medical professionals working with a nursing home resident should inform the resident of any concerning medical conditions they have and offer them adequate and appropriate support services.
Medical professionals should treat nursing home patients with dignity and refrain from all forms of neglect and abuse while caring for patients.
Residents’ Rights Regarding Long-Term Residency
Finally, nursing home residents have the right to remain in a care facility unless discharged for medical reasons, nonpayment, or the safety of other residents.
Even then, residents and their families should receive 30 days’ written notice that they’re to be relocated. No nursing home should relocate a resident without explanation or warning.
Throughout their residency, a nursing home resident retains the right to access their personal belongings and to request an explanation of the rules of their shared community. Residents should receive notice if they’re going to receive a roommate or change rooms.
If a nursing home removes a resident from its care, that home must prove that:
- Its staff and facilities cannot meet the resident’s needs.
- The resident’s health has improved, and the resident no longer requires the assistance of nursing home staff members.
- A resident’s presence endangers the health or safety of others in the nursing home.
- A resident has failed to provide the nursing home with payment for their tenure.
- The nursing home is no longer in a position to house residents and must shut down.
Click to contact us today
What to Do if a Nursing Home Violates a Resident’s Rights
You have the right to action if a Florida nursing home violates your legal rights. You can file a civil claim against a nursing home or its staff members and highlight what specific instances of negligence or abuse violated the protections afforded to you by Florida law.
Your efforts can help you secure compensation based on the economic and non-economic losses you or a loved one endured as a result of a nursing home’s legal violations.
Complete a Free Case Evaluation form now
When to Call a Florida Nursing Home Abuse Lawyer
You don’t have to pursue a lawsuit against a negligent nursing home on your own. Residents and their families can work with our nursing home abuse attorneys in Florida to build a civil case against abusive institutions and staff members.
Support from our legal team can help nursing home residents and their loved ones understand the rights afforded to nursing home residents by Florida statutes. Once we understand how a nursing home may have neglected or abused a resident, we can begin gathering the evidence necessary to make your case, all without adding to your burden.
Your nursing home abuse case consultations with our team come free of charge. You can reach out today to set up your first appointment with our compassionate staff.
Our Florida Law Firm Wants to Protect You
Nursing home residents benefit from legal protections enforced by Florida statutes. If you, as a nursing home resident, are a victim of abuse or rights violations, or you, as a family member, want to take action on behalf of a loved one, you can. Our legal team at Distasio Law Firm can build a case on your behalf.
We can represent you in and out of civil court as you bring mistreatment to light. We can use hard evidence to establish your case, then point to the economic and non-economic losses you sustained as a result of that prolonged mistreatment. Support from our nursing home abuse lawyers in Florida can subsequently put you back in control of your life.
We are here to work with nursing home residents and their families, no matter how complex conversations about nursing home rights seem. If you have questions about your care and right to recoverable action, schedule a free case consultation with us today.
Call or text (813) 259 0022 or complete a Free Case Evaluation form