Laws Relating to Elder Care and Abuse

By law, nursing home residents have specific rights that must be protected and honored at all times. The Nursing Home Reform Act of 1987 established these rights in an effort to prevent nursing home abuse and neglect. The act provides residents with access to an Ombudsman, who is appointed to represent the interests of nursing home residents in a local area.

Additionally, Florida law requires that nursing homes and assisted living facilities protect various enumerated rights of their residents.   The Agency for Health Care Administration is charged with overseeing and monitoring compliance in Florida.

In general, nursing home facilities must foster a high quality of life for every resident under their care. Choice, dignity, and self-determination are all significant factors that are stressed. Additionally, nursing homes are required to provide mentally and physically stimulating activities that promote the residents’ well-being. Each resident must have a written care plan that should be maintained with the participation of the resident’s family or legal representative, if necessary.

Other rights protected by law include:

• Freedom from abuse, neglect, and mistreatment
• Freedom from physical restraints
• The right to voice complaints without fear of discrimination or reprisal
• The right to privacy
• The right to participate in family and resident groups
• Accommodation of physical, psychological, medical, and social needs

If you suspect your loved one may be suffering from nursing home abuse or neglect, please contact our experienced Sarasota nursing home abuse lawyers today to schedule a free consultation. We will meet with you wherever it is most convenient or comfortable. At the Luhrsen Law Group, our family is here for yours.