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NURSING HOME ABUSE AND NEGLECT

RESIDENTS' BILL OF RIGHTS 

Unfortunately, abuse and neglect of the elderly in Florida’s nursing homes remains a concern to many Florida families. Nursing homes and adult living facilities ("ALF’s") are governed by special laws in Florida.  These laws give residents certain legal rights including*: 
  • The right to live in a safe environment, free from abuse and neglect of any kind (i.e. physical or emotional).
  • The right to be treated with personal dignity and have their right to privacy respected.
  • The right to adequate and appropriate health care consistent with established standards.
  • The right to be informed about their medical condition and available health options and treatment (i.e. medical care and/or pharmacy prescription or medications)
  • The right to be free from physical or chemical restraints other than those lawfully prescribed by the resident’s physician.
  • (*Other rights exist as defined by applicable law and may be different for nursing homes than for ALF’s).

ASSISTED LIVING FACILITIES (ALF's)

ALF’s have different admission criteria from nursing homes.  If a resident requires a high level of care, placement in an ALF may not be appropriate, and the resident may require placment in a nursing home.  Florida law generally requires that for admission to an ALF, a resident meet these criteria:** 
  • Be free of signs of communicable diseases which are likely to be transmitted to other residents.
  • Be able to perform their activities of daily living with supervision if necessary.
  • Be able to take his/her own medication with assistance of the staff if necessary.
  • Not be a danger to themself or others as determined by a physician or mental health practitioner.
  • Not be bedridden.
  • Not have Stage 3 or 4 pressure or bed sores (i.e. more advance stages of these sores)
  • Not require 24-hour nursing supervision.
** (This list is not intended to be exclusive and exceptions may apply).

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Paul Shoucair

Mr. Shoucair is a frequent speaker on issues relating to nursing home care.  He has presented continuing education lectures to nurses and legal nurse consultants for their certification program.  He has also spoken at seminars sponsored by dietary managers for long-term care facilities on issues related to care of nursing home residents.

CASES INVOLVE

  • abuse and neglect
  • pressure sores or bed sores
  • prescription errors
  • medication errors
  • aspiration or choking
  • heart attack
  • dehydration
  • malnutrition
  • weight loss
  • falls
  • burns
  • sexual assaults

CALL US FOR A FREE CONSULTATION

If you believe your family member was injured as a result of the care in a nursing home or ALF (assisted living facility) and would like to discuss a potential case, please call us at (407) 481-1184.