Florida Nursing Home Abuse Laws

• Florida Statutes Public Health § 400.022, et seq.
• Florida Statutes Social Welfare § 429.28 (Resident Bill of Rights)

All licensees of nursing home facilities shall adopt and make public a statement of the rights and responsibilities of the residents of such facilities and shall treat such residents in accordance with the provisions of that statement. The statement shall assure each resident the following (§ 400.022):

1. The right to civil and religious liberties;
2. The right to private and uncensored communication;
3. Any medical, legal, or other caretaker/counselor has right to reasonable access to the resident;
4. The right to present grievances about staff and/or facilities;
5. The right to organize and participate in resident groups and the right to have the resident's family meet in the facility with the families of other residents;
6. The right to participate in social, religious, and community activities;
7. The right to examine results of the most recent facility inspection by a government agency and plan of correction;
8. The right to manage his or her own financial affairs;
9. The right to be fully informed (in writing and orally) of services available and related charges;
10. The right to be adequately informed of his or her medical condition and proposed treatment;
11. The right to refuse medication or treatment and to be informed of the consequences of such decisions;
12. The right to receive adequate and appropriate health care and protective and support services;
13. The right to have privacy in treatment and in caring for personal needs;
14. The right to be treated courteously, fairly, and with the fullest measure of dignity;
15. The right to be free from mental and physical abuse, corporal punishment, extended involuntary seclusion, and from physical and chemical restraints;
16. The right to be transferred or discharged only for medical reasons or for the welfare of other residents (and 30 days notice)
17. The right to freedom of choice in selecting a personal physician;
18. The right to retain and use personal clothing and possessions as space permits;
19. The right to have copies of the rules and regulations of the facility;
20. The right to receive notice before the room of the resident in the facility is changed;
21. The right to be informed of the bed reservation policy for a hospitalization; and
22. The right to challenge a decision by the facility to discharge or transfer the resident (Medicaid/Medicare).

In order to establish liability for a violation of the residents' rights listed above, the plaintiff must show the following elements (§ 400.023):

1. The defendant owed a duty to the resident;
2. The defendant breached the duty to the resident;
3. The breach of the duty is a legal cause of loss, injury, death, or damage to the resident; and
4. The resident sustained loss, injury, death, or damage as a result of the breach.

• Two years, generally (§ 429.296)
• Up to four years in cases where fraud or misrepresentation prevents discovery of incident

• Adult Protective Services (Florida Dept. of Children and Families)
• Florida Abuse Hotline

Note: If resident is in immediate danger, take necessary steps to remove the resident as soon as possible.