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To ensure that the residents of long-term care facilities, nursing homes and assisted living facilities receive the care, treatment and quality of life to which they are entitled, the federal government and the state of Florida have passed laws to protect them. Florida has one of the strongest set of laws in the country designed to protect nursing home residents. Known as Chapter 400, this comprehensive legislation grants nursing home residents a long list of rights. Among the most important are the rights to receive:
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If a nursing home resident's rights are violated, the resident or the resident's family or guardian may bring a claim under Florida's nursing home law for actual and punitive damages and attorney's fees.
For assisted living facilities where 24-hour nursing care is not provided, Florida law maintains that each resident is entitled to a safe and decent living environment, free from both abuse and neglect.
Family members play a key role in caring for the resident, even after the residents are moved into a nursing home or assisted living facility. Any indications of abuse or neglect can be investigated, and the law provides remedies and redress for this type of behavior. Florida's statutory scheme is backed up by an administrative code that recognizes several specific areas of possible neglect. Indications include, but are not limited to, the following:
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Neglect can take on a variety of forms, including failure to—
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We are driven to protect those who cannot protect themselves and we are committed to holding those responsible for elder abuse or neglect accountable for their actions. A violation of resident rights by the facility usually subjects the facility to both administrative repercussions as well as payment of damages to the resident. Let us help you protect the rights of your loved one.
For your free initial confidential conference with one of our personal injury, call The Matassini Law Firm at 813-879-6227 or contact us online.
With offices in Tampa and New Smyrna Beach, Florida, The Matassini Law Firm handles all types of personal injury cases throughout Florida, including:
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