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Protecting the rights of elderly nursing home residents

| Apr 2, 2020 | Elder Law |

Every individual deserves a living environment that provides them with safety and a sense of dignity. There is no exception to this rule when it comes to residents of Florida nursing homes. Unfortunately, stories of neglect and abuse are all too common in facilities that house the elderly.

Elder Law statutes are specific in their identification of the rights possessed by nursing home residents. These laws also make nursing home workers responsible for protecting these rights. The rights of nursing home residents include religious and civil liberties, uncensored communications with friends and family members, personal management of financial affairs, and many others.

When the rights of a nursing home resident are violated, the victim or a family member should take their grievance to the appropriate court to hold the offending party accountable. The plaintiff will first need to establish that a defendant who possessed the responsibility to protect the resident of a nursing home failed or ignored the duties assigned to them. The plaintiff is also required to demonstrate that the resident of the nursing home sustained a measurable degree of injury, loss, or damage as a result of the neglect or abuse.

The statute of limitations for filing a claim against a nursing home or an employee working for the facility is two years in most cases. However, this period is extended to four years when misrepresentation or fraud on the part of the offending party delays the discovery of the offense.

The state of Florida carefully outlines the rights that are afforded to residents of nursing homes. It is important that residents or their family members familiarize themselves with the legal remedies available to them if these rights are violated. A meeting with an experienced lawyer is suggested when a loved one becomes a victim of nursing home abuse.

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