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Abusing the Elderly is a Violation
of Their Rights
In
Florida, the number of elderly patients in the care of nursing home
is growing at a rapid pace. It is also a growing business for the
nursing home industry. Unfortunately, this growth can lead to the
neglect and abuse of the elderly. Florida law provides certain rights
to the residents of nursing homes.
These
rights are contained in Florida Statute 400.022. Some of these rights
include:
The
rights include the right to receive adequate and appropriate health
care and protective and support services. The right to be adequately
informed of his or her medical condition and proposed treatment,
unless the resident is determined to be unable to provide informed
consent under Florida law, or the right to be fully informed in
advance of any non-emergency changes in care or treatment that may
affect the resident's well-being. The right to have privacy in treatment
and in caring for personal needs; to close room doors and to have
facility personnel knock before entering the room, except in the
case of an emergency or unless medically contraindicated; and to
security in storing and using personal possessions.
Privacy
of the resident's body shall be maintained during, but not limited
to, toileting, bathing, and other activities of personal hygiene,
except as needed for resident safety or assistance. For a complete
copy of the Statute, please call our office.
WHAT
CAN BE DONE TO ENSURE PROPER CARE IS GIVEN
To
ensure your loved one or friend is receiving proper care and treatment,
it helps to be familiar with the Patient Rights described above.
If a suspected violation involves physical abuse or neglect, document
the violation with pictures if possible. While this may be difficult
to do, it will help ensure that the nursing home will not be able
to avoid its responsibilities. If an injury occurs to a nursing
home resident, do your best to document the circumstances surrounding
the injury, such as a dangerous conditions that caused the injury.
Once again, photographs and witness names are very helpful. If the
violation involves a nonphysical violation, document the violation
in writing to the best of your ability along with the evidence needed
to prove the violation.
USE
OF RESTRAINTS
Florida
Law states that a nursing home resident has the right to be free from
mental and physical abuse, corporal punishment, extended involuntary
seclusion, and from physical and chemical restraints, unless authorized
in writing by a physician for a specified and limited period of time
or as are necessitated by an emergency.
Click
here to Contact A
Florida Nursing Home Abuse Attorney
The hiring of an attorney is an important decision and should
not be based solely on advertisement. Before you decide, ask us
to send you free written information about our qualifications and
experience.
Firm
Overview
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Mark A. Risi
2699 Lee Road, Suite 101 - Winter Park, FL 32789
Phone: 407-629-2484 Fax: 407-629-8275 Toll Free: 888-282-6529
Copyright © 2001. Mark A. Risi. All rights reserved.
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