Ocala Nursing Home Abuse Lawyer
Florida is the country’s most popular destination for retirees. While early retirement is a time for joy and relaxation, eventually many of us will require nursing care and may be forced to move into an assisted care facility.
We fully expect that when our loved ones need to move into a nursing home, they will receive thoughtful and thorough care. Florida has even gone so far as to enact a nursing home Resident Bill of Rights enshrining these ideas into law. Still, some facilities, even those in Ocala, operate at a substandard level that can result in residents becoming injured or fatally harmed.
An Ocala nursing home abuse lawyer can work with residents and their families to investigate allegations of nursing home abuse and to pursue civil damages on behalf of their loved ones. To learn more or discuss filing your claim consult with a personal injury attorney in Ocala today.
Rights of Nursing Home Residents
Florida Statute 400.022 guarantees the rights of all nursing home residents to many protections, including:
- Conducting private and uncensored communications
- Participating in resident groups and religious activities
- Presenting grievances about the care they are receiving
- Being informed about their medical conditions and care
- Being free from any form of mental or physical abuse
Any violation of this bill of rights, including in ways not listed above, can be grounds for a nursing home abuse lawsuit and should be addressed with the help of an Ocala nursing home abuse attorney.
According to Florida Statute 400.023, a plaintiff must prove the following elements in order to successfully hold a nursing home accountable in a court of law:
- The defendant had a duty to care for the resident
- The defendant breached that duty
- The breach caused an injury or death
- The defendant suffered actual damages
All assisted living and care facilities have a duty to care for their residents. By association, all employees within these organizations have that duty as well. Therefore, plaintiffs and their Ocala nursing home abuse lawyers can hold both the abusive employee and the facility as a whole accountable for any harm done.
The most often contested element of negligence is whether the duty of care was, in fact, breached. According to a concept of law known as negligence per se, if it can be demonstrated that a defendant was violating a law that led to an injury, the defendant is assumed to be negligent. If the defendant is cited for a violation of the Resident Bill of Rights, for example, it will be assumed that the duty was breached.
The statute also allows guardians and personal representatives of the injured resident to bring the suit on their behalf. Because of the resident’s assumed poor health and the potential that the abuse resulted in a death, the law specifically allows for a wider pool of potential plaintiffs.
Let an Ocala Nursing Home Abuse Lawyer Fight for You
Senior citizens are especially vulnerable when their lives are placed in the hands of nursing facilities. Florida recognized this fact and created a bill of resident rights that all facilities are required to follow. Indeed, if this law is violated, there is a specific cause of action to file a civil lawsuit.
An Ocala nursing home abuse attorney can lead the fight in bringing negligent nursing facilities to justice. We work with residents and their families to investigate claims of abuse and pursue the responsible parties for maximum compensation.
Together, we join with families to make their loved ones’ golden years more comfortable and to hold abusive nursing homes responsible for their actions.