Although there are many reputable establishments when it comes to nursing homes, many of the stories you hear on the news are all too common. Nursing home abuse and neglect is a serious issue that has garnered national attention in the recent decade. Negligent support staff and substandard conditions are just some of the problems that our nation's elderly have had to deal with.
Elderly abuse in our society is simply unacceptable. They enter these homes and communities with the hope that they will be able to live out their life in peace and comfort. Not allowing this simple request, particularly for those who pay to receive the dignity of service, is unconscionable and damaging to all parties involved.
If you or a loved one has been the victim of abuse or neglect while staying at a nursing home in Florida, it would be in your best interest to consult a qualified personal injury attorney who can advise you on the correct legal path to take.
Dignity and comfort should be two primary concerns when getting older. When either of these are ignored because of negligence or carelessness by another, legal action must be taken. Life should not include the worry that those employed to help you are actually a danger to your health. The Law Offices of James B. Coulter is here to help you identify the offending party and prove negligence.
We use a straightforward, fact-based approach that focuses on the objective details of the case, allowing us to prove wrongdoing through a preponderance of evidence. Our firm places a strong emphasis on communication, honesty and justice. When working for you, our legal team provides a strong support system that allows you to relax and focus on getting better while we pursue compensation.
Located in Melbourne, our firm is conveniently located to provide excellent client service to individuals and families in Brevard County, Orange County, Seminole County, Indian River County and Osceola County. This includes Melbourne, West Melbourne, Palm Bay, Titusville, Rockledge, Satellite Beach, Vero Beach, Indialantic Beach, Viera, Port St. Lucie, and Fort Pierce, Orlando, Orange County, Kissimmee and all the surrounding areas of Central Florida and the Space Coast.
We offer free initial consultations for those interested in learning what legal options they may have following nursing homes abuse or neglect. If you would like to schedule a time to meet with our attorney, please call (321) 586-9944 or send an online message today.
In 1987, President Reagan signed the Nursing Home Reform Act (NHRA) into law. This Act provides federal statutory protection for residents of certified nursing facilities. Before this law took effects, there was no minimum standard of care on the federal level.
As for how this affects the elderly who are currently living in one of these facilities, the Act provides many different rights to those individuals. Some of the most important rights that the Act has afforded residents include:
The Act also changed the way states inspect nursing home facilities. States must conduct unannounced surveys and interviews of residents. Nursing homes that are found in violation of the NHRA are subject to a variety of penalties. All states are subject to the same baseline requirements for inspections under the NHRA.
The Florida Statutes include the regulations regarding nursing homes and adult care facilities. Located in chapter 400 of the statutes, resident rights is a very important aspect of the current laws. Some of the primary parts of this statute include:
§400.022(1) - All licensees of nursing home facilities shall adopt and make public a statement of the rights and responsibilities of the residents of their facilities and must treat these residents in accordance with the provisions of that statement. It is required to include the following:
Sometimes abuse is hard to observe when it comes to elders and nursing homes. This is partly why it happens to be so prevalent currently. Some of the primary signs of nursing home abuse and neglects include:
If any of these are observed and you believe abuse or neglect was the cause, you can sue for damages. Damages, or the costs related to the negligence, can include pain and suffering, medical bills, rehab costs, mental anguish and loss of enjoyment of life, among many others.
Nursing Home Reform Act – This link will direct you to a page describing the various aspects of the NHRA. This was the first major revision of the federal standards for nursing home care and should provide a detailed look at the minimum standards that these homes must abide by.
Nursing Homes and Personal Care – The United States Department of Labor has a web page dedicated to providing information on nursing homes and personal care facilities. The page discusses regulations, enforcement, data and statistics, current events and state legislation.
Florida Nursing Home Rules - The Florida Department of Health website, which can be viewed by clicking this link, contains the full legal wording of the Florida Statutes relating to nursing homes.
If you or a loved one has been the victim of abuse or neglect while staying at a nursing home in Florida, our firm is ready and willing to represent you in litigation against the offending party. Our firm has successfully handled similar cases and can be relied upon to develop a professional legal strategy that could help place you in a strong position to fight for compensation
Committed to providing excellent client service while also getting to the root of the case and proving negligence, we are fiercely protective of your rights and will make certain no one takes advantage of your during this difficult and stressful time. We work on a contingency basis, meaning that our fees are based primarily on performance. This gives us an even greater incentive to do everything we can to help you achieve a result that is in your favor.
As a Brevard County based legal practice, we proudly serve individuals and families throughout the cities of Palm Bay, Rockledge, Titusville, Cocoa Beach, Viera, Indian Harbour Beach and Viera, among others. This also extends to other cities throughout the Space Coast and Central Florida, including Orlando, Apopka, Daytona Beach, Altamonte Springs, Vero Beach, Kissimmee and St. Cloud as well as all other areas in the state of Florida. To schedule a time to sit down with our attorney, please call (321) 586-9944 or send an online message today.