Are Nursing Homes Required to Report Injuries? – Fort Myers Nursing Home Abuse AttorneySeptember 23, 2020 | Category: Nursing Home Neglect/Abuse | Share
Some projections show that elder abuse will be the fastest-growing crime through 2025. As the American population ages, elder abuse has grown significantly. Over 75 percent of Florida’s nursing home residents said they had been neglected in their facility or had witnessed another resident suffer abuse. The most common nursing home abuse injuries are bedsores, falls, and wrongful death.
A Fort Myers nursing home abuse attorney says federal law requires nursing homes to report injuries under section 483.12 CFR and to investigate all allegations of abuse, neglect, exploitation, mistreatment, and misappropriation of resident property to the state agency. Nursing homes must submit a 2-hour/immediate report and a follow-up 5-day report to the state agency for health care administration. Any reports received after that time can be considered out of compliance with federal regulations.
“Some nursing homes do not comply with federal and state laws designed to protect our elders in nursing homes,” says Fort Myers Nursing Home Abuse Attorney Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.
FloridaHealthFinder.gov provides an opportunity to review Florida facilities on its Nursing Home Watch List.
According to FloridaHealthFinder.gov, its Watch List identifies nursing homes that are operating under bankruptcy protection or meet the criteria for a conditional status during the previous 30 months. A conditional status indicates that a facility did not meet, or correct upon follow-up, minimum standards at the time of inspection. Immediate action is taken if a facility poses a threat to resident health and safety. Under Florida law, nursing homes have a right to challenge state sanctions. Facilities challenging a conditional license are noted as “under appeal.” (Watch List information is subject to change as appeals are processed.)
When claims are brought pursuant to Florida’s ss. 400.011-400.334 alleging a violation of residents’ rights or negligence causing injury to or the death of a resident, the claimant has the burden of proving, by a preponderance of the evidence, that:
(a) The defendant owed a duty to the resident;
(b) The defendant breached the duty to the resident;
(c) The breach of the duty is a legal cause of loss, injury, death, or damage to the resident; and
(d) The resident sustained loss, injury, death, or damage as a result of the breach.
“Should you or a loved one be injured due to the negligence of a nursing home, please contact our experienced Fort Myers nursing home abuse attorneys. We can assist you and are available 24/7. There are no costs or attorney fees until we receive a monetary recovery for you,” said Attorney Spivey.
Fort Myers Nursing Home Abuse Attorney Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one percent (1%) of Florida attorneys. He has handled over 2,000 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com. Visit SpiveyLaw.com for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.