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Elder law attorneys provide your loved ones with the necessary legal tools and authority to take action while you are in the care of a nursing home. Legal documents such as a Durable Power of Attorney and Designation of Health Care Surrogate allow your loved one to act for you to protect and advocate for your quality of care. Ideally, a resident of a nursing home should have these legal documents in place prior to entering a nursing home facility, but circumstances arise and sometimes it isn’t possible.

When a loved one is in the care of a nursing home, frequent visitation and asking the staff questions are imperative. Florida nursing home residents are entitled to a set of rights enforced and regulated by state agencies, including the Florida Department of Health and the Department of Elder Affairs. Florida Statute 400.022 defines the rights, including being treated with respect and dignity, receiving the necessary services to maintain and preserve health and well-being, and freedom from any form of physical, mental, emotional, or financial abuse. Prioritizing awareness and understanding these rights before selecting a facility for yourself or a loved one will help ensure that instances of abuse and neglect can be readily identified and addressed with or without legal action.

How to Report Nursing Home Abuse or Neglect

Noticing unexplained bruises, wounds, or other abrasions on your family member during a visit is an immediate cause for concern. However, other signs of abuse or neglect may not be as apparent, such as damaged, torn, or stained clothing, trouble sleeping, or withdrawal. If you are noticing quality of care deficiencies or injuries, you should ask questions and raise your concerns to the administrators of the nursing home. If necessary, report concerns to the Florida Department of Children and Families to help protect your elderly family members and, if necessary, seek the assistance of a nursing home negligence attorney. The statute of limitations for reporting nursing home abuse states that a lawsuit must be filed within two years.

Find a Nursing Home Abuse Lawyer to Help Protect Your Rights

Unfortunately, serious injuries occur in nursing homes that impact the health and quality of life of a resident. It’s imperative to investigate and seek legal help in the event that abuse and neglect are occurring in the facility. Talking to a non-family member about nursing home injuries is understandably awkward, uncomfortable, and can make you feel vulnerable. Take the time you need to collect all of the details about the incident(s). If the resident is in immediate danger, remove them from the facility immediately before speaking to an attorney.

As elder law attorneys, Rooth & Rooth Elder Law Attorneys can provide your loved one with the legal tools and authority to allow a third party to act on their behalf (the Durable Power of Attorney) due to a weakened or extensive injury. We are a great resource of information and referrals to nursing home negligence attorneys who understand the complexity and nuances of nursing home litigation. We’ve helped clients throughout the Seminole area seek justice for their family members injured or neglected in nursing homes. Call 727-397-4768 today to speak to our team about your needs.