Nursing Home Neglect Attorney

Serving West Palm Beach, Palm Beach County, Lake Worth and the Port St. Lucie area

Statutory Protection of the Elderly (Under Florida Law)

Like all states, Florida has an Adult Protective Services agency which will investigate allegations reported to it of any abuse, neglect or exploitation of an older person. If the agency finds that the allegations are well-founded, they will compensate that older person by providing services and preventing further abuse or neglect.

Services offered might be medical care, help with managing money, special transportation, counseling, or even a change of living arrangements.

Reporting to the state may be done before any civil action is begun against a nursing home. But in some situations, the abused resident or his/her family does not feel that Adult Protective Services has provided enough of a remedy for the pain or indignity suffered. In those cases, either a civil suit or a criminal charge may be justified.

If you find yourself in such a situation, and would like to consult an experienced nursing home attorney, please give us a call or email us. We will schedule a free consultation for you.

Statute-Based Civil Actions

In Florida, you can bring a civil action against a nursing home (or its employees) for the abuse, neglect, or exploitation of an elderly person. Besides possibly winning compensation for the injured nursing home resident, you may also have an injunction issued or a restraining order or protective order. This can give immediate relief from any abuse or neglect that has been ongoing.

Florida nursing home residents have rights to (a) be free from abuse and neglect, and (b) to have a safe environment. This provides a statutory basis for civil actions.

Two alternative prosecuting strategies

1.  Medicaid funding. There are no federal laws that specifically create causes of action for nursing home residents whose statutory rights are violated. But an experienced personal injury lawyer can get leverage from federal Medicaid funding to nursing homes which are classified as Skilled Nursing Facilities. Currently, most nursing homes are so classified.

To qualify for their Medicaid funds, those facilities have to meet several federal, statutory and regulatory requirements. One of the federal requirements is that the nursing home comply with a Residents’ Bill of Rights which states that residents must be free from:

  • Verbal abuse
  • Sexual abuse
  • Physical abuse
  • Mental abuse
  • Involuntary seclusion
  • Corporal punishment

In a case where a Skilled Nursing Facility has abused or neglected a resident, the resident’s attorney can invoke the Federal False Claims Act to say that the facility has not complied with the Bill of Rights, and therefore cannot qualify for their Medicaid funds.

2.  False advertising If the nursing home claims to give high-quality care to its residents but is shown to have violated federal standards of care, the abused resident’s lawyer could sue the facility for false advertising.

Defining “Abuse”

A wide range of specific actions can be included in any definition of elder abuse, but in general they are actions that cause emotional anguish, or physical or mental injury. Each case has its particular instances of abuse. Such actions are done willfully, knowingly or recklessly. They can be insulting or threatening remarks, sexual harassment, actions like slapping or pinching, inappropriate touching of the body, restricting a resident from visits or social events, or unreasonable confinement.

There are situations where a nursing home resident needs to be confined for safety. But if that confinement extends beyond what is needed for safety, it becomes abuse. Confinement can also be restraint through medication or by use of a harness or belt.

Defining “Neglect”

Neglect of a nursing home resident is the failure to provide services essential for health and safety. This would be basics such as food, clothing, supervision, shelter, and medical care. Failure to provide these necessities can be considered neglect or abuse, depending on the intent.

Exploitation

Exploitation does not necessarily endanger the resident’s health or safety, but it’s a kind of harm. It consists of the wrongful use of the resident’s resources for someone else’s advantage or profit. Examples are taking the resident’s money or property and forcing the resident to perform services, even sexual acts.

Breach of fiduciary relationship

A Power of Attorney and a guardianship are examples of fiduciary relationships. If the resident’s property is misappropriated or misused in this context, it’s a form of exploitation. The resident’s attorney will need a different group of expert witnesses for this type of case. Instead of the doctors and nurses needed for personal injury, the attorney would need accountants and computer experts to demonstrate how the resident’s resources were misused.

Non-financial exploitation

Florida has statutes against non-financial exploitation such as sexual exploitation. These acts would have to have to have occurred without the resident’s consent, using threats or intimidation.

At the Law Offices of Craig Goldenfarb, our nursing home attorney is ready to help you obtain redress for any harm done to you or your loved one through violation of statutory protection of the elderly. Please contact us to arrange for your free consultation. When we’ve assessed the situation and found it to be a valid legal claim, we can start to gather information and prepare your case. We serve the whole Southern Florida area.

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West Palm Beach, Florida nursing home attorney Craig Goldenfarb represents clients throughout South Florida, including the cities of Palm Springs, Stuart, and Fort Pierce, and residents of Palm Beach County, Martin County, and St. Lucie County. Our office in West Palm Beach, Florida, is located a quarter mile west of I-95 on Palm Beach Lakes Blvd., behind Chick-Fil-A in the Legacy Bank Building.

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OFFICE LOCATION: 2090 Palm Beach Lakes Blvd. Suite 402
West Palm Beach, FL 33409
1-800-GOLD-LAW
Call Toll Free 1-800-GOLD-LAW (465-3529)
Nursing Home Abuse Lawyer Palm Beach County

The reader’s understanding of the information on this website about personal injury law does not constitute a formal legal relationship with the Law Offices of Craig Goldenfarb, P.A.  Please do not assume this content to be formal legal advice.  If you would like to know if you have a valid personal injury case, please contact a Florida nursing home attorney at the Law Offices of Craig Goldenfarb, P.A. today for a complimentary consultation regarding personal injury law in Palm Beach, West Palm Beach, Lake Worth, Port St. Lucie and Palm Beach County, Florida.
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