Archives: FAQs
A frequent cause of injury to assisted living facility residents is the facility’s failure to transfer a resident to another healthcare provider that can provide appropriate care for the resident’s condition. Some people are simply too sick or frail to be in an assisted living facility. They need a higher level of care that can…
No, there is no legal requirement to write an advance directive. But, if you have not made an advance directive or designated a health care surrogate, health care decisions may be made for you by a court appointed guardian or your family.
Yes, the state requires a minimum staff to patient ratio. However, this minimum ratio may not always result in insufficient staff to care properly for individual resident needs. Because of the extreme importance of sufficient staff to the quality of care, you should ask the nursing home for information about how many staff they have…
In any case against a nursing home the plaintiff must prove two things: first, the defendant fell below the standard of care and second the failure caused the injury. To evaluate whether we will be able to meet this burden of proof, we take a number of actions to gather information as follows: Interview the…
One of the things our nursing home malpractice clients tell us all the time is that they asked the nursing home to let them look at the medical records but the nurses or administrators would not allow it. Usually, our clients are acting as a health-care surrogate or as a power of attorney for one…
Shortly, yes. If you leave your beloved one in a nursing home ,that means that you trust that they will provide care and attention to elderly. Wandering off from a nursing home can have serious consequences. If this happens to you, the best advice is to contact us, so we can discuss your case.
From our Daytona Beach, Florida nursing home and assisting living facility practice, we have noticed that assisted living facilities are dangerous for residents when the resident’s condition has deteriorated and the facility cannot provide adequate supervision. Assisted living facilities have a built-in financial incentive to admit and keep residents or patients even beyond the ability…
Ask your friends, your doctor and families of facility residents for recommendations. Ask each facility you are considering for a copy of their last state annual inspection report. Ask about the facility’s rating from the Florida Agency for Health Care Administration. You should generally choose only a facility that has the highest rating, “Superior.” Visit…
In Florida, living wills are effective until they are revoked.
A recent new law enacted in Illinois points up the importance of nursing homes evaluating both their nursing home residents and employees to determine whether or not they present a risk of violence for your loved one in a nursing home. The Illinois law beefs up existing criminal background check requirements relating to employees and…