By Trevor Price
Florida and Texas have the most nursing home abuse lawsuits in the country, which is why you’ll see advertisements for many Florida nursing home abuse lawyer all over billboards, park benches and buses. Lawyers specializing in nursing home abuse are on the rise, but so are lawsuits.
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 are the number of lawsuits still going up?
Until changes are made to the laws in Florida, the number of abuse, negligence and accident lawsuits filed on nursing homes will continue to rise. As a result, nursing home operators and workers must be extra diligent to avoid any form of potential lawsuit. To do so, they’re making significant improvements.
However, if homes are improving then why are lawsuits being filed? They are still increasing annually because state law allows a Florida nursing home abuse lawyer to file for legal fees to be awarded should a nursing home or facility be found negligent or in violation of senior’s rights. As a result, the state has created a community of aggressive litigators.
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?
As the number of lawsuits increase, so does the cost of insurance and legal fees for nursing homes. This can put a nursing home in financial jeopardy or in a position where they are unable to obtain the insurance coverage they need to operate.
What does all this mean for nursing home 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 the importance of Chapter 400?
Chapter 400 is a Florida statute designed and written to protect the residents of retirement and nursing homes. It’s essentially a clear list that safeguards a resident’s rights such as financial rights, civil rights, religious rights and privacy rights along with freedom from abuse and other personal infringements.
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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