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.
However, though this scenario could seem like an example of American litigation-frenzy gone overboard, it's also led to major changes in the Florida nursing home industry. Nursing homes are literally shaking in their boots as they clean up their acts and make significant improvements to their levels of care. Instances of reported abuses are down and state homes are scoring higher on inspections.
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.
So, if improvements are being made in senior care, then why are lawsuits on the rise? One significant factor is the recent passage of several Florida state statutes that permit a Florida nursing home abuse lawyer (the plaintiffs' attorney) to be awarded their legal fees if a nursing home or assisted living facility is found to have violated a senior resident's rights.
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 does all this mean for nursing home 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 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 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.
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