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The troubling increase of mandatory arbitration agreements thrust before new residents at nursing home facilities across the country is the subject of this two-part blog series by our Vero Beach nursing home abuse attorneys.

While many facilities uphold these agreements as “mandatory,” the reality is that many of them are not and you won’t be denied admission if you choose to sign. (Agencies that do deny admittance on these grounds should be considered suspect from the start anyway.)

Arbitration agreements are problematic because they strip the patient and/or his loved ones of the right to seek redress in court if there is some lapse in the quality of care. Instead, claims are handled by professional arbitrators, and outcomes tend to be far more advantageous to the facilities than the patients.
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A disturbing trend has taken hold in the elder care industry, with the goal of discouraging or making it nearly impossible for one to file a nursing home abuse lawsuit in Coral Springs.
It involves compelling residents and resident caretakers to sign arbitration agreements prior to allowing the patient to stay in the facility. Arbitration agreements strip patients of the right to file lawsuits, instead requiring that any disputes arising regarding the quality of care must be settled by a professional arbitrator. Handling claims this way, as opposed to in court, is generally considered advantageous to the nursing home.

For one thing, arbitration is quite expensive. In addition to hiring an attorney, the patient and/or family is responsible for paying the arbitrator’s fees, which can sometimes work out to hundreds of dollars hourly. By contrast, in a wrongful death or negligence lawsuit, taxpayer funds pay the salary of judges.
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The idea of sovereign immunity is one that dates back many centuries to an old English principle that the monarchy is immune from criminal or civil prosecution.

In America, government is the “king,” and most government agencies are immune from liability except under certain circumstances. In Florida, in instances where the state waives sovereign immunity, individuals may recover up to $100,000 for themselves and another $100,000 for dependents. Anything above this amount must be pursued through a Claims Bill, on which the legislature must vote. (All of this is pursuant to Florida Statute 768.28.)

So why does all of this matter for someone interested in filing a nursing home negligence lawsuit? Because when it comes to sovereign immunity, many medical facilities – including nursing homes – are getting creative about their funding in order to claim it, and therefore limit their liability.
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Nursing home patients are entitled to a number of considerations ethical, moral and legal considerations with regard to the standards of their care.

Our nursing home abuse lawyers know that one of these primary rights is the right to privacy. This includes the right to keep and use personal belongings (so long as it doesn’t interfere with the rights, health or safety of others), and it also includes the right to ensure the details of your medical care is kept private and confidential.

A breach is not only a violation of one of your other primary rights – respect and dignity – it might also represent grounds on which to sue the nursing home and/or the staffer.
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The case of a nursing home resident whose leg had to be amputated as a result of an uncontrolled infection will be allowed to move forward, a state supreme court panel ruled recently.

In Boyd v. Nunez, the trial court judge had denied the plaintiff the right to press forward with his nursing home neglect lawsuit on the grounds that an expert witness hadn’t been deposed in time.

An appellate court upheld that ruling, but the Mississippi Supreme Court reversed it, on the grounds that the sanction by the judge was improper because the judge never considered the underlying reason for the missed deadline – which was that the doctor set to testify had fallen ill.
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A nursing home neglect lawsuit will head to circuit court after a state supreme court rejected the defense team’s petition for writ of mandamus to either dismiss the case or disqualify opposing counsel.

The judge in the case of Ridgeway Nursing & Rehabilitation Facility, LLC v. Circuit Court found that the nursing home defendants had enough judicial remedy that the plaintiff errors could be mitigated and so dismissal was not warranted.

At issue was the question of whether an investigator for the plaintiff counsel had improperly contacted employees of the nursing home in an attempt to interview them without the nursing home’s lawyers present. The plaintiff investigator contended he was merely trying to find out if those he was contacting still worked at the facility.
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About six months ago, journalism non-profit ProPublica launched an interactive, searchable database for those seeking more information about federal sanctions handed down for nursing home abuse, nursing home neglect and nursing home negligence.

Now, the they’ve updated this tool to include a greater amount of information, including fines and payment suspensions of tens of thousands of nursing homes nationwide.

The database was originally created as a way for the journalists to track problematic trends. But the reporters soon came to the conclusion that the information was something to which the public needed access if there was ever to be a greater level of accountability for poorly-performing nursing homes.
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Sadly, Florida nursing home abuse and neglect is on the rise. If you suspect that your loved one is being abused in a nursing facility, or if they or another resident complains of mistreatment, do not hesitate to notify the authorities. It is against the law for anyone to abuse or neglect residents, whether staff, volunteers, family members and guardians or other residents of the nursing home.

But do you know how to identify or report nursing home abuse? Our Broward nursing home abuse attorneysknow that, armed with the proper knowledge and information, friends and families of nursing home residents can understand the warning signs of abuse and take the necessary actions to stop their loved ones and other residents from being abused or neglected. If a nursing home resident’s rights are violated, the resident or the resident’s family or guardian may bring a claim for damages under Florida law.

Nursing homes get more visitors during the holidays than any other time of the year.

For many elderly or infirm residents, speaking up about abuse and neglect is embarrassing. For others, it is impossible. In the U.S. alone, more than half a million reports of abuse against elderly Americans reach authorities every year, and millions more cases go unreported. By being able to identify the warning signs of neglect, you may help to protect your loved ones from needless suffering.
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Any time you have individuals who are dependent on a corporation for their care, there is the potential for negligence.

This is true even when there are ample laws and regulations governing how such facilities should operate and what kinds of contingencies should be in place to prevent serious lapses.

However, it raises alarm bells when we find that there are few if any laws and regulations, that they vary in consistency from state-to-state, and that those that do exist are spottily enforced. Such is the case with assisted living facilities, which are marketed as a more independent alternative to nursing homes.
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The power to prevent the flu and other dangerous sicknesses is in your hands. Believe it or not, but TB, Pneumoccous, Streptococcus, Coxsackie virus, pneumonia, bronchiolitis, bronchitis, tonsillitis, pharyngitis, conjunctivitis, the common cold, the flu and flu-like illnesses can be prevented simply by washing hands. And that’s precisely the message of National Handwashing Awareness Week.

Those who work in a nursing home are required to wash their hands at the beginning of the shift, at the end of their shift, before and after direct contact with many residents, as well as before handling personal hygiene duties and before and after handling medical devices like catheters, bed dressings or blood samples. These are not only common-sense habits; they’re prescribed by guidelines from the Centers for Medicare and Medicaid, part of the process by which the nation’s nursing homes are inspected and certified.

Our nursing home abuse attorneysin Broward understand the faith many families in the area put in nursing homes they chose for their loved ones. It’s critical that we know that our elderly loved ones are safe, they’re protected and that they’re working with the most cautious and careful staff. One of the most important of the handwashing tips that we can offer involve the T Zone. This is the area that is comprised of your mucous membranes of your eyes, nose and mouth. It’s critical that hands are washed after touching these areas. Believe it or not, but if you were to never touch those mucous membranes with a dirty (contaminated) finger you would never get sick again from a respiratory or gastro-intestinal illness.
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