Florida Nursing Home Lawyer Blog
Most states, including Florida, have established a list of rights to which nursing home residents are entitled. Violation of these provisions may result in state or federal sanctions or the right of the resident and/or surviving family member to pursue civil action against the facility or staffers.
For example, F.S. 400.022 states residents have the right to be treated with dignity, respect and fairness, be free from any form of abuse, receive necessary services to maintain and preserve health and well-being, receive written and oral information regarding medical care and nursing services and maintain private communication with family members and loved ones. These are just a few of the rights outlined in the statute.
A similar law exists in California, where the recent case of Lemaire v. Covenant Care Cal., LLC was reviewed by the California Court of Appeal, Second Appellate District, Division Six. In that state, each violation of the statute entitles a plaintiff to receive $500. And based on that statute, a plaintiff suing for the wrongful death of her mother at a nursing home facility (due to what she alleged was inadequate care), received $1.1 million, which included $270,000 in statutory damage.