Florida Nursing Home Abuse Lawsuits Increasing Thanks To Aggressive Lawyers
Posted on October 4, 2008
Filed Under Retirement |
When today’s senior citizens near the age of retirement, they recognize the myriad considerations associated with both leaving the work force and aging in general.
As if saving funds through an IRA and overall estate planning aren’t difficult enough, those nearing their 60s also need to weigh the prospect of eventual nursing home care. But around the country there are some serious problems to consider.
Texas and Florida lead the country in lawsuits against nursing homes, and the typical Florida nursing home abuse lawyer is often in high demand. In the state, aggressive litigators will advertise on billboards and commercial breaks, offering to assist those potentially suffering from nursing home abuse.
And while this may seem like a case of overly aggressive or egregious litigation, it’s also made a tremendous difference in the quality of care in states like Florida. This is a state that once saw thousands of abuse cases reported to its Elder Abuse network and has recently seen a massive improvement in overall nursing home care across the state.
So, why the increase in lawsuits?
As the number of negligence lawsuits filed in Florida rises exponentially every year, nursing home operators in the state are working harder to reduce the incidence of accidents, abuse or neglect in their adult living facility.
So, if improvements are being made in senior care, then why are lawsuits on the rise? One significant factor is the recent passage of several Florida state statutes that permit a Florida nursing home abuse lawyer (the plaintiffs’ attorney) to be awarded their legal fees if a nursing home or assisted living facility is found to have violated a senior resident’s rights.
And though these laws were passed with the best intentions as a way to protect seniors and ensure they receive proper representation, they have been distorted by several lawyers who profit from what is now an industry. As you walk down the streets of Tampa Bay, which are flooded for ads for attorneys to represent you in nursing home cases, you can see that there is clearly a dollar to be made.
What is the financial impact on nursing homes?
The recent increase of residents’ rights-related lawsuits has forced some nursing homes into financial troubles or they have been pressed to increase costs after being unable to obtain liability coverage at an affordable cost.
What is the impact on residents?
As insurance and litigation costs rise for Florida nursing homes, those costs are then passed on to residents and their families. Whether it’s in the form of higher per diems or initiation fees, the added expenses fall on the shoulders of residents and their loved ones.
What is Chapter 400?
Chapter 400 is a Florida state statute that is intended to protect elderly residents of nursing homes. It is comprised of a clear and itemized list of various rights. These include financial protections, civil protections, privacy protections, religious protections, protection from abuse and other safeguards.
Chapter 400 is a necessary statute that’s critical to the state’s protection of elderly residents. It ought to be read routinely by nursing home operators, workers and yes, even every Florida nursing home abuse lawyer.
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I would like to add, that at least from what I see, nursing home lawsuits that I file are not for hangnails. Most lawsuits against nursing homes involve serious violations of state and national nursing home laws. I would also like to add that many lawsuits involve incidents which are frequently preventable with common sense. Providing assistance to residents requests for help and utilizing basic nursing practices would avoid most nursing home injuries and ultimately reduce lawsuits.
Thanks for bringing attention to nursing home abuse and neglect.
Jonathan Rosenfeld
Chicago, IL
http://chicagonursinghomelawblog.com