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Florida residents currently are facing one of the largest cleanup efforts in state history, after Hurricane Irma destroyed thousands of homes and left hundreds of thousands of residents without electricity and power. While everyone should take proactive measures to protect themselves and their families from natural disasters, special efforts need to be made by nursing homes and assisted living facilities to protect residents during a natural disaster.
As recent tragic events demonstrated, many nursing homes and assisted living facilities are not prepared for a natural disaster, leaving some of the most vulnerable members of our communities at risk for injury and even death during severe weather. The United States Department of Health and Human Services Centers for Medicare and Medicaid Services has recommended that each nursing home facility identify and maintain sufficient supplies and equipment to sustain operations and to be able to provide care and services for three to ten days following a natural disaster.
Contacting a skilled nursing home abuse attorney can help to clear up any confusion about nursing home liability during a natural disaster in West Palm Beach.
Florida currently has one of the highest populations of residents who are under the care of a nursing home, and with the Florida Health Care Association estimating that the number of adults over the age of 65 will double by 2026, it is important to understand nursing home regulations that are designed to keep residents safe and healthy.
Both federal and state laws regulate nursing homes. Under the federal Nursing Home Reform Act, all nursing homes who participate in Medicare and Medicaid are required to provide the highest practicable physical, mental, and psychological care for each resident. This federal law requires nursing homes to:
In addition to these federal requirements, Florida law Fla. Stat §400.022 imposes requirements on nursing homes to provide appropriate care and provides nursing home residents with rights including the rights to:
These laws are designed to protect nursing home residents and to provide a standard of care for nursing home residents across the state and country. When a nursing home fails to provide these standards of care, and a nursing home resident is injured, they may be entitled to file a civil suit to recover compensation for their injuries, and also as a means of holding nursing homes accountable for their actions.
Recent events have demonstrated the sad reality that many nursing homes across the state are not prepared for natural disasters. Both federal and state laws impose requirements on nursing homes, mandating preparedness in the event of a natural disaster.
Under Florida’s State Emergency Management Act, nursing homes along with many other healthcare facilities are required to have a comprehensive emergency management plan in place in the event of a natural disaster Fla. Stat. § 395.1055. During a natural disaster, nursing homes are required to have plans in place that address:
These plans are meant to provide clear insight as to how a nursing home will respond in the event of a natural disaster and are required to be prepared and updated annually. However, as recent events demonstrate, many nursing home facilities are unprepared for a natural disaster.
When a nursing home fails to employ these standards, they may be liable for their actions and the resulting injuries. Those who have suffered an injury may be entitled to file a civil suit against their nursing home on the theory of negligence. Under this theory of liability, a nursing home may be held liable for injuries if a resident can prove the following:
If you or someone you love has been injured during a natural disaster while under the care of a nursing home in West Palm Beach, contact a nursing home abuse and injury lawyer today.
A West Palm Beach nursing home injury lawyer understands the difficult times Florida residents and their families are going through at this time, however, they are committed to protecting nursing home residents from abuse and injury during a natural disaster.
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