Assisted living facilities are quite often the first place many seniors relocate to from their homes and/or hospitals. Assisted living facilities do not provide the same level of care or staff supervision as a skilled nursing home facility. It is generally thought that residents in assisted living facilities can live independent and with little or no staff supervision. While that may be somewhat true on a small level, one of the most overlooked problems currently facing assisted living facilities is whether or not the resident is suitable for such a place.
The staff and its medical personnel must conduct several medical evaluations to determine whether or not an individual is suitable for assisted living or if they, based upon their medical condition, require a higher level of supervision and support such as that provided in a nursing home. Our Tampa Nursing Home Attorneys actively handle assisted living cases involving abuse and neglect and are familiar with the Federal and Florida laws that govern such facilities:
- Chapter 429, Florida Statutes, sets forth the legal requirements that assisted living facilities must follow. It further provides for the resident's civil cause of action should they be abused and/or neglected during their residency in an assisted living facility.
- Section 429.28, Florida Statutes, sets forth the "Resident Bill of Rights", which every facility is mandated to follow. Should a facility and/or staff member violate the Resident Bill of Rights, the resident and/or resident's family members are entitled to assert a claim pursuant to Section 429.29. Florida Statutes.
- However, before a resident can present a claim for a violation of rights, the resident is required to follow the appropriate presuit screening process set forth in Section 429.293, Florida Statutes, which is a strictly enforced provision that affords the assisted living facility seventy-five (75) days to conduct an informal investigation into the potential violation of residents' rights.
Our attorneys have litigated numerous assisted living / nursing home neglect cases throughout the State of Florida, including Broward County, Dade County, Hernando County, Hillsborough County, Pasco County, Pinellas County, Manatee County, Polk County, Orange County and Sarasota County. Should you or a loved one have any questions regarding neglect or abuse in a Florida assisted living facility or nursing home, please contact us, your Tampa Personal Injury Attorneys.