Deciding to move a family member to an assisted living facility or nursing home can be a difficult decision. It may require a lot of research and thought, and in the end, you hope you made the right decision for your loved one’s needs. As a result, it can be unsettling to learn that your loved one has been mistreated in their new home.

If your loved one was abused or neglected in their facility, consult with a compassionate West Palm Beach assisted living abuse lawyer. A nursing home abuse attorney could hold senior care providers accountable for their behavior and help your loved one pursue compensation for their damages.

The Duties of Assisted Living Facilities

Nursing homes and assisted living communities alike have the legal obligation to give their residents the proper care they need and the safe environment they deserve. Even though residents of assisted living facilities may be given more freedom and less supervision, their staff still owes a duty of care to residents and their families. Assisted living facilities should provide:

  • Help with daily living activities such as bathing, dressing, and eating
  • Three meals a day
  • Emergency call systems in all rooms and common areas
  • Opportunities for exercise, recreation, and education
  • Health services and medication administration
  • 24-hour security

In addition to these services, assisted living facilities must also ensure that their residents are receiving their rights under state law. These rights include being treated with respect and dignity, being allowed to make their own health and financial decisions, privacy, religious freedom, being allowed to refuse treatment, being informed of their medical status, and being allowed to have visitors. A West Palm Beach assisted living mistreatment attorney could assess a resident’s situation and determine whether their rights are being violated.

Statute of Limitation for Assisted Living Neglect Lawsuits

As per Florida Statute §429.296, the statute of limitations is two years from the date of the incident, the date of discovery of the incident, or the date that the incident should have reasonably been discovered. This statute helps protect potential defendants from being sued many years after an alleged incident and therefore having an unfair disadvantage when trying to defend themselves. In some cases, the actions that give rise to a valid nursing home assisted living lawsuit are ongoing, making it more difficult to determine when the statute of limitations expires.

If the statute expires before a plaintiff can file their case, they may risk losing the right to seek legal relief for their damages. Therefore, plaintiffs should contact an assisted living neglect lawyer in West Palm Beach to ensure that they meet this statutory deadline.

Speak with a West Palm Beach Assisted Living Abuse Attorney

The residents of nursing homes and assisted living communities can be some of the most vulnerable to neglect and abuse. If your loved one experienced mistreatment at their care senior facility, you should speak with an experienced West Palm Beach assisted living abuse lawyer today to discuss their legal rights to compensation. Call today to schedule a case consultation.

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Domnick Cunningham & Whalen

Domnick Cunningham & Whalen

N/a
2401 PGA BOULEVARD SUITE 140
PALM BEACH GARDENS
FL 33410
Phone: (561) 625-6260