What Are Nursing Home Residents’ Rights?

Nursing home residents have rights under Florida statutes, and nursing home abuse or negligence is a violation of their statutory rights. If you suspect your loved one is a victim of nursing home abuse or neglect, consult with a Jacksonville nursing home negligence attorney about taking legal action.

Florida statute 400.022 Residents’ rights guarantees nursing home residents the right to be free from the following types of abuse:

Mental and physical abuse
Corporal punishment
Extended involuntary seclusion
Physical and chemical restraints (except when authorized by a physician for a specified and limited time or for emergency conditions)

Staff cannot use restraints instead of supervision or use them merely for convenience, punishment or for any other reasons than the resident’s safety and protection.

The Florida statute describes numerous rights and freedoms that nursing home residents have, such as religious liberty, freedom to communicate with others and the right to retain their personal clothing and possessions. Financial exploitation can be another form of nursing home abuse and the statute guarantees the residents’ rights to manage their own financial affairs to or to designate responsibility to licensees who hold the funds in a trust for the resident. Responsible parties must provide the resident with quarterly accounting for transactions made on the resident’s behalf. When facilities require residents to deposit personal funds, the facility must safeguard, manage and account for the resident’s funds.

Jacksonville nursing home negligence lawyers can help you stop abuse or neglect and discuss filing a personal injury lawsuit. However, for nursing home neglect or abuse to be actionable, it must result in significant harm or death.

Family members must stay vigilant to protect their loved ones. The Gillette Law Firm offers a free consultation to discuss your concerns about nursing home care.