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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.
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 the increase in lawsuits?
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 does all this mean for 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 is the impact on residents?
The greatest impact on residents is that Florida nursing homes are increasingly more aware of industry standards and protecting residents against potential abuse. Unfortunately, the high costs of lawsuits, litigation and insurance premiums is often passed on to residents and their families.
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 clearly a necessary statute to protect elderly residents from abuses. It should be read and understood by every Florida nursing home abuse lawyer, along with all nursing home operators and employees in the state.