When Nursing Home Abuse Results in Death

A 72-year-old Southwest Florida elder-care resident was smothered to death in the Alzheimer’s unit of the facility. The incident occurred after he had an argument with his roommate, who was 87 years old, over a blanket. The altercation allegedly went on for a half hour; however, emergency medical services were not called until ten minutes after the employees of the elder-care facility found the resident and tried to perform CPR in order to resuscitate him. The elder-care facility has been found negligent in the resident’s death by a state probe that found evidence of neglect and abuse.
There are also reports that the same elder-care facility broke several laws, including failing to abide by the residents’ bill of rights. They failed to train staff in the proper ways of taking care of residents, falsified records and failed to keep two residents safe.
If you have a family member or a friend in a Florida nursing home and feel like they aren’t being treated the way they should be, you should contact one of our Florida elder law attorneys to make sure that your family members and friends receive the treatment that they deserve.

The Florida nursing home Bill of Rights

Chapter 400 of the Florida Statutes (Florida nursing home Bill of Rights) affords all Florida nursing home residents the rights to:
1. Civil and religious liberties
2. Private and uncensored communication
3. Reasonable access to health, social and legal services
4. Present grievances without fear of reprisal
5. Be treated courteously, fairly and with the fullest measure of dignity
6. Privacy
7. Be transferred or discharged only for medical reasons
8. Be free from mental and physical abuse, corporal punishment, seclusion and physical and chemical restraints
9. Choose their own physician and be informed of their medical condition and treatment plan
10. Receive adequate and appropriate health care, protection and support services
Types of nursing home abuse

Nursing home abuse occurs more often than it should, and nursing home staff that abuses or negligently treats their residents should be held accountable for their actions. Many times, personal injury, emotional damage and even death may occur due to these actions.
Some types of nursing home abuse include:

  • Physical abuse
  • Sexual Abuse
  • Psychological abuse (includes emotional abuse and humiliation)
  • Financial abuse (includes forgery and theft)
  • Negligence which lowers the quality of life of a patient such as providing inadequate cooling, heating, food and clothing

An experienced Florida elder law attorney at Wooten Kimbrough, PA can help make sure that your family or friend is receiving the treatment that she deserves while in a nursing home or elder-care facility. Or in a case of abuse, make certain that the nursing home is held accountable for their actions and the treatment of your loved-one.