There have been laws and regulations set in place to protect the right of long-term care residents. These laws have been established to provide comfort, care, safety, health, and proper treatment of nursing home residents. Without these laws, there would be an imbalance within these facilities that would enable the staff and facility to do as they please. Even with these laws in place, there are some facilities that do not follow the laws and regulations that have been created.
When any of these laws are violated either by the nursing home staff or the facility itself, the family members of the elder person can seek legal action against the guilty party. The Miami nursing home abuse attorneys can help their clients file a lawsuit against them. Just because an elder person may be weak and unable to communicate, it does not mean that the nursing home is not required to give the resident the same level of care that they would give another person. The guilty party may be faced with punitive damages along with general and specific damages.
Any person within a nursing home facility must be entitled to the basic needs like proper hygiene, adequate food, medical treatment, daily exercise, counseling when needed, social activities, living peacefully, not being neglected or abused, access to required medications, among other things. When none of these basic needs are provided, abuse and neglect can surface. The residents need to feel like they are in their own homes. Additionally, residents are entitled to receive privacy, unless an emergency is present.
Staff Requirements for Long-Term Facilities in Florida
There have been guidelines that have been established by the Florida Department of Health. Florida has certain requirements for nursing homes that must be followed. Here are the staff requirements that are needed for these facilities:
- Experience staff members
- Qualified health care professionals that must complete certain educational classes before being employed
- Employees must successfully pass a criminal background check
- Presence of at least one physician
- Presence of at least one dietitian
- Presence of at least one nurse
Understaffing is a big issue for nursing home facilities. The require staff requirements are not being met and this problem has led to neglect and abuse towards many residents.
Holding Nursing Home Facilities Accountable for Not Following the Law
Percy Martinez Law Firm does not like injustice nor nursing home facilities that break the law. When the law is broken and a resident is hurt because of it, the long-term care facility can be held responsible. The Miami personal injury attorneys at Percy Martinez has an experienced team of abuse and neglect long-term care lawyers that represent victims that were neglected and abused during their stay in nursing homes.