How Can I Recover from Nursing Home Abuse?
There are two legal grounds for recovery for victims of nursing home abuse. The first way is through a claim for negligence, recklessness or intentional conduct. To prove negligence, you must prove four elements: duty, breach, causation, and damages.
A nursing home facility always has a duty to provide competent care for their residents. You must show that the care facility or their agents breached that duty in some way. You must also show how their failure to provide adequate care resulted in your injuries and damages.
Florida also has a nursing home bill of rights. Florida law 429.28 exists to protect victims of nursing home abuse by providing them a grounds for recovery if a violation of the law occurs. Under the law, all care facilities must provide care that’s free from abuse or neglect. They must allow residents to retain their own clothes and personal property. They must allow spouses to share a room if they both live in the facility.
If the care facility violates Florida’s nursing home bill of rights, you may claim compensation for damages resulting from the violation. These damages are separate and in addition to the damages that the victim may claim for the care facility’s negligence. There are also penalties that apply if a nursing home retaliates against a patient for exercising their rights.