Nursing Home Negligence Lawyer Serving Riviera Beach
When it comes to their senior years, we want to ensure that our loved ones are cared for and live in the best surroundings possible. This involves having staff members who treat our elderly with the proper care that they should receive. However, situations have arisen in which a nursing home facility has become neglectful in the care of their residents. As a result, there can be nursing home negligence complaints in Riviera Beach.How is Nursing Home “Negligence” Defined?
The definition of nursing home negligence is similar to the definition of nursing home abuse – but there are some key differences. When it comes to nursing home abuse, this describes a situation in which staff members, either through intention or other reasons, are actually in the process of harming their residents. Job dissatisfaction or sadism can be a couple of reasons that may play a part in this. When this is suspected, immediate attention is required through law enforcement channels. Additionally, contact a dedicated nursing home abuse attorney.
Nursing home neglect involves a situation in which the nursing home facility is giving its residents a substandard level of care. There are a number of ways to determine this and a free consultation with a Nursing Home Neglect Attorney can try to assist you with your suspected neglect observations and try to provide you with options that are at your disposal.What are Some of the Forms of Nursing Home Negligence?
It’s important to carefully look at an elderly person’s living conditions, when it comes to coming to the conclusion of nursing home neglect. In general, though, there are 4 basic neglect types that you might find in a neglectful nursing home. These are:
Being left alone – When a nursing home resident is being left on their own for extended periods of time, it can be deemed harmful to the mental state of that individual. The results can be chronic depression or a lack of motivation to do anything regarding their own care. This sense of aloneness can also be exacerbated by having stressed staff personnel regularly raise their voice and yell at the resident.
Neglecting the resident’s personal cleanliness – This can happen when staff members, either through laziness or overwork, don’t adhere to their job of keeping the residents clean by maintaining practices of personal hygiene that can involve; dental care, washing, laundry cleaning and other standard cleanliness activities.
Neglecting the basic needs of the residents – This involves failure to provide sufficient food, liquids and a clean and safe living condition.
Neglecting the resident’s medical requirements – This happens when the staff fails to see the resident’s medical concerns (current and future) in order to prevent medical problems. These may include; diabetes checking, attending to infections, problems with mobility, cleaning and dressing lacerations and preventing bedsores.
When it comes to locations for retirement, Florida is a pretty popular area of the country. This is mostly due to its warm climate and its focus on the concerns and needs of senior citizens. Because of this, quite a few nursing homes can be found here. Nursing home standards are under the watchful eye of the Florida State Government, so any complaints are immediately followed up on. In addition, under s. 400.145, nursing facilities are obligated to hand over records regarding resident care and treatment, as well as their standards for medical diagnostic results (s. 400.0625).
Nursing home resident rights under Riviera Beach (and the rest of the state’s) laws are governed by statute 400.022. These stipulations include:
The responsibilities and rights of the nursing home residents need to be adopted and made public. As such, the employees of the facility are required to adhere to these provisions and treat the residents accordingly. (1)
Residents have the right to religious and civil liberties. In addition, residents have the right to personal decisions in keeping with the available choices and these choices will not be infringed upon. The facility staff is also obligated to assist the residents when it comes to the exercise of these choices. (1 a)
Residents have the right to engage in personal communication in the form of unopened mail along with access to a telephone along with visitations of the resident’s choice (during established visiting hours). The residents also have the right to have overnight visitations, outside the facility. These visitations may be with family and friends, in accordance with the policies of the facility, Title XVIII (Medicare) and Title XIX (Medicaid) of the Social Security Act regulations and the resident’s physician. When these occur, the resident won’t be subject to the loss of their bed in the facility. (1 b)
The resident has the right to reasonable access to any individual or entity that provides the resident legal, social or health services. This includes (but not limited to; but not limited to, representatives of the Department of Children and Families, the Department of Health, the Agency for Health Care Administration, the Office of the Attorney General, and the Department of Elderly Affairs; any law enforcement officer; any representative of the State Long-Term Care Ombudsman Program; and the resident’s personal physician. These may be for the purposes of nursing home negligence complaints (1 c)
The resident also has the right to present nursing home negligence complaints on either their behalf or on behalf of others in the facility. They also have the right to work together with other residents in order to obtain improvements within their nursing home facility. (1 d)
Residents also have the right to review facility inspection results along with any plans that are being put into place to correct any problematic findings. The accounting system established and maintained by the facility must preclude any commingling of resident funds with facility funds or with the funds of any person other than another resident. (1 g)
Residents also have the right to refuse treatment or medication. They also have the right to be informed of the consequences of such refusals. This statute is not valid if the resident has been determined to be unable to give informed consent in accordance with state law. (1 k)
The resident has the right to receive appropriate and adequate healthcare along with the support of the facility support services that include; 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 resident’s medical and personal records shall be confidential and exempt from the provisions of s. 119.07(1).
Residents have the right to be treated fairly, courteously and with dignity. This includes receiving written and/or oral explanations of the types of services that are either being provided or are available to them. (1 n)
The use of emergency restraints may only be provided by a licensed nurse. In addition, corporal punishment, physical, chemical restraints and mental abuse is forbidden, except in cases in which chemical restraint has been authorized (in writing) by a physician. Chemical restraints are only to be allowed temporarily or during the emergency. Afterwards, a physician must be consulted immediately afterwards. In addition, restraints are not to be used in place of staff member monitoring. (1 o)
Anyone who submits nursing home negligence complaints, regarding a suspected facility violation, in Riviera Beach, or who presents testimony regarding these violations will usually be subject to immunity from criminal and civil liability. This is true, unless the individual has acted in bad faith or in a manner that is considered to be completely unfounded or malicious.
There can be a number of various signs that point to negligence in a nursing home. However, some of these indications can be less than obvious. Some are such that they’re nearly undetectable because of the nature of the offense. This can happen when the neglect doesn’t present any obvious outward signs of injury.
Another issue that can influence difficulty in determining neglect has to do with the proximity of the nursing facility to the homes of resident’s loved ones. If an elderly resident doesn’t have the means to communicate by telephone, writing or the Internet, they may not be able to share any of their concerns with their loved ones. But, upon visiting the nursing home facility, you may be able to observe certain indications that point to neglect. These can be:
- Hazards which are relatively obvious, like; floors that are slippery, dim lighting, unsafe furniture, wheelchairs and walkers.
- Negative changes in the hygiene of a resident.
- Showing reluctance to be friendly towards the facility staff.
- Being withdrawn, in a way that is out of character for the resident.
- Lack of water and the evidence of dehydration.
- Injuries that haven’t been reported.
- Bedsores that may have occurred by leaving a bedridden patient in just one position.
- A sudden weight loss – especially if the resident requires feeding assistance.
- Constant infections which can result from diet issues.
A resident in a nursing is at a far greater risk when it comes to injuries and illnesses that can be severe and chronic. Because of the physical condition of an elderly resident, these injuries and illnesses may even lead to death. This is why nursing home facility monitoring is so essential to the needs of our aging loved ones.
In addition, there are a number of nursing home negligence issues that remain unreported to Ombudsmen or any other proper authority. These issues, in the past, have led to tragedies such as strangulation from a malfunctioning bed or a lethal fall resulting from a resident attempting to perform their own hygiene because staff members have neglected to do so.
All-in-all, it requires a complete effort from the staff members of a nursing home facility in order to take proper steps when caring for their residents. This can involve strict hiring practices and constant observation regarding the safety features of the resident’s environment. Regular reports regarding the progress of a resident who has exhibited an illness is also mandatory and medication must be diligently given.
Unfortunately, this isn’t always the situations and when neglect is suspected, it’s important that it be pointed out to those who can assist. Regularly checking up on loved ones who reside in a nursing home is the first step needed to ensure their safety and comfort.Enlist an Experienced Injury Lawyer to Protect Your Rights
Deaths and injuries from nursing home negligence can be the result of unprofessional behavior, which may occur in Riviera Beach at any given time. In addition, it’s important to understand that while unavoidable injuries are often a factor, there are also many times when this isn’t the situation. There have been a number of cases in which a negligent staff member has resulted in an injury that eventually led to a person’s death. The injuries involved may include broken bones and various medication-related injuries. Therefore, even if you are aware of nursing home negligence that has occurred, it is advised that you seek resolution and the advice of a nursing home personal injury attorney.
If you or a loved one are involved in nursing home negligence or abuse in Riviera Beach, Florida, contact a Riviera Beach personal injury attorney to try and receive the compensation you deserve. Discuss your case with a Nursing Home Negligence Personal Injury Attorney Serving Riviera Beach Today! Turn to Frankl Kominsky for comprehensive legal guidance. Call (561) 800-8000 or use our Contact Form to set up a free consultation.