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Daytona Beach Lawyers - Nursing Home Abuse

For questions having to do with nursing home abuse, check out the answers below or give the Daytona Beach lawyers of Seitz & Tresher a call.

Personal Choices and Patient Care in Nursing Homes and Assisted Living Facilities
What is the difference between a nursing home and an assisted living facility?
How should I choose a nursing home or assisted living facility?
What should I look for when visiting a nursing facility?
Does the state require a certain staff to patient ratio for nursing homes?
What should I do to keep a family member safe in a nursing home?
What are my rights in Florida?
What is an advance directive?
What is a living will?
What is healthcare surrogate designation?
Which is better?
Do I have to write an advance directive under Florida law?
Can I change my mind after I write a living will or designate a healthcare surrogate?
What should I do with my advance directive if I choose to have one?
What choices can my healthcare surrogate make for me?
How long are living wills effective?
What is a durable power of attorney?

Florida has a large elderly population.  People from around the country retire to Florida. As a result, there are a great number of nursing homes and assisted living facilities in this state.  Unfortunately, not all of these nursing homes and adult assisted living facilities provide even the minimal levels of care required by state statute, which is something Daytona Beach lawyers know well. Nursing homes tend to be chronically understaffed, in part because of the low wages that the nursing home offers its employees, and in part because the nursing homes try to shave every single penny to increase their profits.

Fortunately, the residents of Florida are protected by a Florida law which Daytona Beach lawyers know about. This law gives residents of nursing homes certain rights. These rights include the right to receive appropriate medical care and the right to privacy and dignity. Sadly, these rights are trampled all too often. In recent years, the nursing home industry has cried wolf over an alleged explosion of lawsuits. The truth of the matter is, the vast majority of these lawsuits are fully justified because nursing homes often fail to meet the needs of their residents in the name of profit and greed.

Common problems experienced by residents in nursing homes include decubitus ulcers or pressure sores caused by a failure to regularly turn bed ridden patients; over or under medication causing serious health problems or even death; failure to meet even the basic needs of the residents resulting in severe dehydration and weight loss; abusive use of restraints and medications to make patients easier to handle; and, even emotional or physical abuse by the staff.

Recognizing the need to protect nursing home residents, the Florida Legislature passed one of the best nursing home laws in the country. Chapter 400 of the Florida Statutes includes a list of nursing home residents’ rights that include the right to be free from mental and physical abuse and the right to receive adequate and appropriate health care.

If a nursing home resident is abused, neglected or inadequately cared for, or if one of the above referenced rights is violated by the nursing home, the resident or his family or guardian may have a claim under Florida law, something with which Daytona Beach lawyers can assist.

Our firm of Daytona Beach lawyers is proud of the record of achievement attained in protecting some of Florida's most vulnerable citizens.  If you, or a loved one, are a resident in a nursing home or assisted living facility, seriously consider making your wishes for end of life care known through an advanced directive: A "living will" and a "Healthcare Surrogate Designation." We are happy to help you prepare these and other advanced directive documents if you do not already have one. 

It may help you to know the Florida Nursing Home Watch List is published by the Florida Agency for Health Care Administration and a copy of the guide and the quarterly watch list are available by calling 888-4193456 or at the AHCA web site at where the Guide to Florida Nursing Homes in Florida may also be accessed.

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