Nursing Home Abuse
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SUMMARY OF THE FLORIDA NURSING
HOME RESIDENT'S BILL OF RIGHTS
It is well known that Florida has a large elderly population. People from around the country retire to Florida. As a result, there are also a great number of nursing homes and assisted living facilities in this state. Unfortunately, not all of these nursing homes and adult assisted living facilities provide even the minimal levels of care required by state statute. Nursing homes tend to be chronically understaffed, in part because of the low wages that the nursing home offers it's employees, and in part because the nursing homes try to shave every single penny to increase their profits. Fortunately, the residents of Florida are protected by a Florida law which give residents of nursing homes certain rights. These rights include the right to appropriate medical care as well as the right to privacy and dignity. Sadly, these rights are trampled all too often. In recent years, the nursing home industry has cried wolf over an alleged explosion of lawsuits. The truth of the matter is, the vast majority of these lawsuits are fully justified and the nursing homes are failing to meet the needs of their clients in the name of profit and greed. Common problems in nursing homes include decubitus ulcers or pressure sores caused by a failure to regularly turn bed ridden patients in their beds; over or under medication causing serious health problems or even death; failure to meet even the basic needs of the residents including severe dehydration and weight loss; abusive use of restraints and medications to make patients easy to handle; and, even emotional abuse by the staff. Recognizing the need for their protection the Florida Legislature has passed one of the best nursing home laws in the Country. Chapter 400 of the Florida Statutes provides important rights including the right to be free from mental and physical abuse and the right to receive adequate and appropriate health care. If the nursing home resident is abused, neglected or inadequately cared for or if one of the above referenced rights is violated by the nursing home the resident or his family or guardian may have a claim under Florida law. Our firm is proud of the record of achievement attained in protecting some of Florida's most vulnerable citizens. Should you or a loved one be in a nursing home or assisted living facility, seriously consider making your wishes known through an advanced directive: A “living will” and a “Healthcare Surrogate Designation”. For printable sample forms, click here. Also, the Florida Nursing Home Watch List is published by the Florida Agency for Health Care Administration and a copy of the guide and the quarterly watch list are available by calling 888-4193456 or at the AHCA web site at http://www.fdhc.state.fl.us/ where the Guide to Florida Nursing Homes in Florida may also be accessed. Personal Choices and Patient Care in Nursing Homes and Assisted Living Facilities There may come a time when you or a member of your family may suffer from a serious illness. If this happens you may have difficult choices to make about nursing care or assisted living. The quality and type of care can vary widely from one facility to another. Similarly, people may have very different desires about what level of medical care they want. For these reasons, it is important for you to learn about how to make the best and most informed choices and to discuss these choices with your family. What is the difference between a nursing home and an assisted living facility? A nursing home provides comprehensive skilled nursing care to the seriously ill. An assisted living facility primarily provides assistance with activities of daily living such as dressing and showering. An assisted living facility may provide only limited nursing care. You should consult your doctor about which option is best under the circumstances. How should I choose a nursing home or assisted living facility? Ask your friends, your doctor and families of facility residents for recommendations. Ask each facility you are considering for a copy of their last state annual inspection report. Ask about the facility's rating from the Florida Agency for Health Care Administration. You should generally choose only a facility which has the highest rating, "Superior." Visit each facility at least twice. Because lunch and dinner are usually the busiest, visit unannounced at least once during these times to see how the facility handles resident care. What should I look for when visiting a nursing facility? Are there any unpleasant smells? Do residents took well groomed and clean? Does the food taste good? When you test a call bell, is there a quick response? Does the staff respect patient privacy? Does the facility allow private furniture? Are there any visiting restrictions? Is the facility clean? Do staff interact pleasantly and cooperatively with each other? Does the state require a certain staff to patient ratio for nursing homes? Yes, the state requires a minimum staff to patient ratio. However, this minimum ratio may not always result in sufficient staff to care properly for individual resident needs. Because of the extreme importance of sufficient staff to quality of care, you should ask the nursing home for information about how many staff they have for each shift. Further, you might ask one of the home's certified nursing assistants whether they have complained to management about not having enough help to provide proper care. What should I do to keep a family member safe in a nursing home? Most importantly, visit as often as you can, daily, if possible. Talk frequently to the staff who take care of your family member. Check daily for red spots and bed sores on a resident's skin. Look especially at bony areas such as heels, elbows, hips and the resident's bottom. Ask your loved one if he or she is thirsty. Read the medication chart, paying careful attention to nurses notes and checking for blanks in medication administration records and treatment records. Ask what the nursing home is doing to prevent your family member from falling. What are my rights in Florida? All adult individuals in healthcare facilities such as hospitals, nursing homes, home health agencies or health maintenance organizations have certain rights under Florida law. You have a right to fill out a paper known as an "advance directive." The paper says in advance what kind of treatment you want or do not want under special, serious medical conditions - conditions that would stop you from telling your doctor how you want to be treated. For example, if you were in a coma and taken to a healthcare facility, would you want the facility's staff to know your specific wishes about decisions affecting your treatment? An advance directive is a written or oral statement, which is made and witnessed in advance of serious illness or injury, about how you want medical decisions made. Two forms of advance directives are:
An advance directive allows you to state your choices about healthcare or to name someone to make those choices for you if you become unable to make decisions about your medical treatment. An advance directive can enable you to make decisions about your future medical treatment. A living will generally states the kind of medical care you want or do not want if you become unable to make your own decisions. It is called a "living" will because it takes effect while you are still living. Florida law provides a suggested form for a living will. You may use it or some other form. You may wish to speak to an attorney or physician to be certain you have completed the living will in a way that your wishes will be understood. What is healthcare surrogate designation? A "healthcare surrogate designation" is a signed, dated and witnessed paper naming another person such as a husband, wife, daughter, son or close friend as your agent to make medical decisions for you if you become unable to make them for yourself You can include instructions about any treatment you want or wish to avoid. Florida law provides a suggested form for designation of healthcare surrogate. You may use it or some other form. You may also name a second person to stand in if your first choice is not available. You may wish to have both or you may combine them into a single document that describes treatment choices in a variety of situations and names someone to make decisions for you should you become unable to make decisions for yourself. No, there is no legal requirement to have a written advance directive. However, if you have not made an advance directive or designated a healthcare surrogate, healthcare decisions may be made for you by a court appointed guardian, your spouse, your adult child, your parent, your adult sibling, an adult relative or close friend, in that order. This person would be known as a “proxy." Can I change my mind after I write a living will or designate a healthcare surrogate? Yes, you may change or cancel these documents at any time. Any change should be written, signed, and dated. You can also change an advance directive by oral statement. What should I do with my advance directive if I choose to have one?
Make sure that someone such as your
doctor, lawyer or family member knows that you have an advance directive and
where it is located. Consider the following:
What choices can my healthcare surrogate make for me?
The person you choose may:
How long are living wills effective? In Florida, living wills are effective until they are revoked. What is a durable power of attorney? A durable power of attorney is a legal document authorizing another to act as your agent. In Florida, you can name a person in your durable power of attorney to arrange or give consent for medical procedures (such as surgery) for you. A durable power of attorney should be notarized, and witnessed by two witnesses. Because a durable power of attorney also deals with property, you should consult your attorney before signing this legal document. This information is provided to you as a courtesy and is intended as general and educational. It is not intended to be relied on as legal advice. If you have concerns about the care provided to a family member by a nursing home or assisted living facility or if you have other questions, you may contact one of the attorneys at Kolodinsky, Seitz, Tresher and Brown. Initial consultations are provided without charge. |
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