Personal injury and death can occur for a number of different reasons.  However, regardless of how severe the injuries, a successful case depends on proving the fault or liability of another.  Typical causes of personal injury and death due to the negligence or fault of another include, but are not limited to, automobile accidents (motorcycle, car, truck/lorry, bus, etc. – pedestrian, single vehicle and multivehicle accidents), premises liability (improperly maintained, secured or equipped buildings), negligent security (hotels, motels, restaurants, bars, and other areas where the public is invited and adequate or appropriate security is not provided), water related activities (cruise ships, boating accidents, swimming pools, etc.), and many other causes.

Finally, liability is a fact intensive analysis.  Often witnesses will provide conflicting testimony due to fading memories, different perspectives, and incentives to protect themselves or friends and family.  This is why it is especially important to ensure that you promptly gather all evidence (for example, names of witnesses, including telephone numbers, addresses, etc.) and make your own outline of what happened when, where, how, etc.

Related Articles

June 2, 2011: Where You Injured on Vacation,Holiday or While Traveling in the United States?

May 24, 2011: International Approach to Personal Injury Litigation

April 20, 2011: You Were Injured in the United States – Now What?

December 13, 2010: German Speaking Tourists Injured While On Vacation in the United States

March 9, 2010 : Did you sustain personal injuries while in the United States?

December 8, 2009: The Basics of Personal Injury and Wrongful Death Cases in the United States

September 14, 2009: Experienced International Personal Injury Attorneys & Barristers

If you have been injured outside of your home country — we are the international legal professionals to handle your case.

Such damages include, but are not limited to, past, current and future medical expenses, pain and suffering, lost wages and income, loss of enjoyment of life, loss of support and enjoyment of life (loss of consortium) of family members of the injured or deceased, and other losses resulting from the injury or death.  Personal injury damages routinely include compensation for reduction in life expectancy, scarring and disfigurement, and permanent, as well as temporary, disability.  Damages may also include compensation for psychological injuries such as therapy, psychiatric treatment, rehabilitation, retraining, and other non-physical injuries or losses resulting from the incident that caused the injury or death.  Additionally, any loss of or damage to property may also be included in damages.

Although the laws in the United Kingdom and Germany, as well as most other European Union countries outline similar damages as those in the United States, United States courts have traditionally been more generous in the amount of damages awarded.  Although the vast majority of personal injury and wrongful death cases are settled after a lawsuit has been filed but before a full trial has been conducted by the court, defendants and insurance companies are acutely aware that any trial may be conducted before and decided by a jury.  Accordingly, those cases that are properly and diligently prepared to win at trial, are the most likely to result in a significant settlement for the plaintiff client.

Proving damages can require not only medical records from treating physicians, but also the testimony of treating physicians, experts, and others.  Urban Thier Federer & Chinnery, P.A. has extensive experience working with medical professionals not only to secure medical records, psychological treatment records, lost wages proof, and other documentary evidence, but also in securing testimony, including translations where necessary, to ensure that a strong damages case is put forward.

Related Articles

June 2, 2011: Where You Injured on Vacation,Holiday or While Traveling in the United States?

May 24, 2011: International Approach to Personal Injury Litigation

April 20, 2011: You Were Injured in the United States – Now What?

December 13, 2010: German Speaking Tourists Injured While On Vacation in the United States

March 9, 2010 : Did you sustain personal injuries while in the United States?

December 8, 2009: The Basics of Personal Injury and Wrongful Death Cases in the United States

September 14, 2009: Experienced International Personal Injury Attorneys & Barristers

If you have been injured outside of your home country — we are the international legal professionals to handle your case.

Liability:

Liability is determination of who is at fault for an injury or death.  Many times more than one party is at fault.  For example, in an automobile accident case, the client/injured party, another driver, vehicles owners, and others may all be at least partially liable or at fault for an accident.  As another example, in a premises liability case (for example where a client is injured in a hotel, motel, restaurant, or other place where the public is invited), the client/injured party, the owner of the premises, the individual causing the injury, employers, and/or others may bear responsibility or liability for the injuries.  The law may provide that each party be held liable for its share of responsibility.

Damages:

Damages are how the law compensates an individual for his or her damages.  Unfortunately, the law cannot undo an injury or death.  Accordingly, the law seeks to assign a monetary amount to compensate the injured or deceased for such aspects as past, current and future medical expenses, pain and suffering, lost wages and income, loss of enjoyment of life, loss of consortium or enjoyment of life of family members of the injured or deceased, and other losses resulting from the injury or death.

Other Considerations:

Who To Sue:

In addition to the basic liability and damages analysis, an experienced law firm will also analyze a case from an economic perspective.  Which people and/or entities to include as defendants in a personal injury or wrongful death lawsuit often depends on the insurance coverage and financial resources of those who may be liable.  A successful lawsuit against a party who has no financial resources can be a hollow victory if no funds can be recovered.

Urban Thier Federer & Chinnery, P.A. has extensive experience dealing with insurance carriers, insurance coverage issues and analyzing all potentially liable parties to maximize each client’s potential recovery.  Such potentially liable parties and insurance companies may include automobile insurance carriers, rental car companies, premises liability insurance coverage, homeowner’s insurance coverage, general liability coverage, and other sources.

The Client’s Financial Obligation for the Case:

For cases where the injury and legal action are based in the United States, Urban Thier Federer & Chinnery, P.A. handles the cases on a strict no win/no fee or contingency fee basis.  This means that if Urban Thier Federer & Chinnery, P.A. agrees to represent you and accept your case (which is done via a written Legal Representation Agreement) the law firm will only be paid if and when funds are actually recovered in your case.  Such compensation is strictly limited to a percentage of the total actual recovery.  As a result, clients can rest assured that this law firm’s interests and goals are the same as yours – to ensure the recovery of the maximum compensation for your injuries and loss.

Issues Unique to International Cases:

Especially for those injured in the United States but residing outside of the United States, the defendants and insurance companies will often seek to have the case transferred to where the plaintiff/client resides.  This is because the United States laws, although similar to United Kingdom, Germany and other European countries’ laws, often result in significantly more generous damages awards to those who are injured or killed due to the fault or negligence of another.  As a result, United States based defendants and insurance companies will often seek to have the case dismissed or moved to the plaintiffs’ home country in an effort to minimize any damages award.  Such issues often have very little relation with the personal injury or wrongful death aspects of a case and are best addressed by a law firm, such as Urban Thier Federer & Chinnery, P.A., that has experience litigating these types of international and related legal issues.

Another issue unique to international personal injury and wrongful death cases is securing proof of damages.  For injuries and deaths that occurred in the United States, the liability evidence and facts are usually readily available in the United States and can be secured via the United States legal action.  However, a large portion of the damages evidence is often located in the client’s home country where treating physicians are located, where medical care and rehabilitation medical records are located, and where damages such as lost wages, lost income, future medical expenses, rehabilitative expenses, and other damages are incurred.  Urban Thier Federer & Chinnery, P.A., especially for United Kingdom and Germany based clients, routinely utilizes its international legal team to bridge legal, geographical, cultural and other differences in order to secure such damages evidence.

For those cases where Urban Thier Federer & Chinnery, P.A. determines that a client’s case may be best served by teaming up with other attorneys or law firms, this law firm has a network of other law firms and attorneys who we have worked with in the past.  Urban Thier Federer & Chinnery, P.A. is also well versed in identifying, screening and selecting law firms and attorneys throughout the United States as needed to ensure each client’s case is handled in the most effective and efficient manner to ensure the maximum recovery.

Related Articles

June 2, 2011: Were You Injured on Vacation,Holiday or While Traveling in the United States?

December 13, 2010: German Speaking Tourists Injured While On Vacation in the United States

December 8, 2009: The Basics of Personal Injury and Wrongful Death Cases in the United States

September 14, 2009: Experienced International Personal Injury Attorneys & Barristers

If you have been injured outside of your home country — we are the international legal professionals to handle your case.

You need the help of professionals who are equipped to function in the international arena.  Urban Thier Federer & Chinnery, P.A. are the professionals who are equipped and ready to utilize health care professionals around the globe, to translate medical documents, to navigate international laws, and to resolve unique issues of insurance coverage and time sensitive limitations that may face your unique situation.

Personal injury law in the United States strives to compensate injured people for provable damages caused by the wrongful conduct of another.

If you are injured in the United States, you might not understand how the health care system works, how lawyers are compensated, how insurance works to help you, how to preserve and file your claim.

Do you have to return to the United States?  Do you need an English speaking doctor?  Can you sue in a United States court if you do not live in America?

These can be some intimidating questions.  But we have the answers to your questions!

Urban Thier Federer & Chinnery, P.A. has offices outside the United States to assist in gathering evidence and filing claims in other countries to assist in your claim in the United States.

Very few law firms are ready to help someone with your unique challenges.

Related Articles

Were You Injured on Vacation,Holiday or While Traveling in the United States?

German Speaking Tourists Injured While On Vacation in the United States

The Basics of Personal Injury and Wrongful Death Cases in the United States

Experienced International Personal Injury Attorneys & Barristers

If you have been injured outside of your home country — we are the international legal professionals to handle your case.

Our clients take great comfort in knowing that they are being represented by both United States and European Union based attorneys working as a team in the same law firm.  Our Orlando, Florida, and Munich, Germany, offices are staffed by fully German-English fluent attorneys and staff.  This allows our clients to focus primarily on their own recovery while we focus on securing compensation for their injuries and damages.  It also allows for quick and accurate translation of medical records and other documents.

When appropriate for a given case, we utilize our expansive network of personal injury attorneys throughout the United States and European Union countries to ensure that even if a client is injured outside of a state or country where Urban Thier Federer & Chinnery, P.A.’s attorneys are admitted to practice, we can still serve the client’s needs and best interests.  Urban Thier Federer & Chinnery, P.A.’s legal professionals have assisted personal injury and wrongful death clients throughout the State of Florida, the United States, Europe and other countries.

It is also important to note that regardless of whether you were visiting the United States for a few days or residing in the United States for a longer period of time, if you were injured in the United States, you have the right to seek compensation for your injuries regardless of your country of origin, country of residence or citizenship status.  It is also important to note that under certain circumstances you may be able to sue in the United States for an accident that occurred outside of the United States caused by someone who resides in the United States.

Given our personnel, experience and other resources, we are able to assist you in navigating the legal system both in the United States, to secure compensation, and in Germany and other countries, as needed to secure medical records, treating physician testimony, and other evidence.  Many who are injured or had loved ones who died in the United States do not even realize that they have a strong claim and may be entitled to significant compensation.  In some cases these clients are purposefully misled and misinformed by potential defendants who want to avoid being sued.  These clients may also have been provided with false information by self-proclaimed international attorneys and law firms who often have a single office, no foreign offices, limited resources, limited staff, and simply lack the experience to provide accurate and competent advice.

Urban Thier Federer & Chinnery, P.A.’s United States based attorneys have represented many 100s of personal injury cases including many German and other European Union based personal injury clients.  Unlike in Germany and other European Union countries, in the United States attorneys can represent personal injury and wrongful death clients on a contingency fee (percentage of recovery) no win/no fee basis.  For those clients with Rechtsschutzversicherung (attorney fees insurance coverage) Urban Thier Federer & Chinnery, P.A. routinely works with such companies and is well versed in ensuring that coverage is paid to cover attorney fees and/or costs as permitted under the client’s policy.

When needed, Urban Thier Federer & Chinnery, P.A. identifies, screens, retains and partners with other law firms throughout the United States to ensure that a local law firm works with us to maximize any recovery.  We are experienced in working with other attorneys outside of the law firm to build whatever legal team is best suited to maximize the client’s recovery.  In such instances, there is no extra fee to the client and the law firm arranges an appropriate fee sharing arrangement with the other law firm.  This allows the client to benefit from a law firm with the international experience as well as a local law firm that will work as a team to maximize your potential recovery.

Related Articles

Were You Injured on Vacation,Holiday or While Traveling in the United States?

German Speaking Tourists Injured While On Vacation in the United States

The Basics of Personal Injury and Wrongful Death Cases in the United States

Experienced International Personal Injury Attorneys & Barristers

If you have been injured outside of your home country — we are the international legal professionals to handle your case.

What to do if Injured while in the United States:

If you or someone traveling with you is injured or killed while on vacation/holiday in the United States, you should immediately contact the authorities and appropriate medical professionals. You should also, as soon as practical, write down the names of all potential witnesses (bystanders, police, emergency responders, etc.) as well as the date, time and details of what happened.

It is also important that you promptly contact an attorney, lawyer, barrister or solicitor of your own choice. Urban Thier Federer & Chinnery, P.A. also encourages potential clients to feel free to interview more than one attorney in order to ensure that they select whichever law firm they believe will do the best job for their case. As a first step, we encourage you to fill out the Contact Us form to the right.

Related Articles

Were You Injured on Vacation,Holiday or While Traveling in the United States?

German Speaking Tourists Injured While On Vacation in the United States

The Basics of Personal Injury and Wrongful Death Cases in the United States

Experienced International Personal Injury Attorneys & Barristers

If you have been injured outside of your home country — we are the international legal professionals to handle your case.

Our firm was recently involved in representing a German couple that visited Orlando, Florida as tourists to enjoy all that this city has to offer its visitors. One evening, after much fun and laughter at a local theme park, they returned to their hotel, where they experienced an evening of terror as two men stormed into their room and brutally and sexually assaulted the women, while her boyfriend was attacked and held at gunpoint having to endure the cries of his girlfriend during her assault. They were robbed of everything of value, and, long after the physical injuries healed, the attack continued to leave significant emotional scars for both of them.

Such cases turn on whether the location, in this case an internationally known hotel, provided an appropriate level of security for its patrons. The investigation of this hotel brought to light that, in the days before this attack, another couple had been assaulted at the same hotel. However, the hotel made a decision not to warn its guests – too worried that such a warning might turn away potential paying customers. The hotel also took no action to otherwise prevent this attack. The hotel’s security force consisted of its maintenance man who was also responsible for changing light bulbs, fixing clogged toilets, and otherwise addressing any number of problems for which guests called the front desk; sadly, he had no real training in the field of security. During the attack, this man was smoking a cigarette with lobby personnel outside of the building. Also, the only security camera on the premises was pointed at the lobby where the cash register was located. A careful review of the hotel’s history revealed that a large number of calls had been made for various criminal activities at the hotel in recent years leading up to this brutal attack. Again, a nearly identical attack had been experienced by another foreign couple just days before, and, yet, the hotel did nothing to protect its guests. All of these factors demonstrated that the rape and assault were entirely foreseeable, and the hotel’s failure to act was outrageous. Ultimately, a confidential resolution was reached on behalf of this couple.

European travellers, in particular, should keep in mind that their insurance policies, known for example in Germany as Rechtsschutzversicherung, may provide coverage for such events. It is important for policy holders to understand that often their initial claim to their insurance company is denied in light of the injuries having occurred out of the country. However, in many instances, such a denial is improper, and this firm may be able to obtain coverage from your insurer for the injuries that you sustained. The key to determining whether your insurance may be responsible for the costs in bringing such lawsuit and in determining separately whether a company or individual – whether a hotel, store, or other owner of a location upon which you have been injured – may be responsible for your injuries, is to seek legal help and review of the matter. Our firm is dedicated to providing an in-depth evaluation of your injuries and discussing with you your potential claims. We look forward to the opportunity of serving you.

This website provides general information only. Please note that we do not represent you and cannot take any action on your behalf unless and until we enter into a formal written Legal Representation Agreement. If we do not respond to your inquiry or are unable to take your case, please contact another Florida law firm immediately to have your case assessed.

Очень часто русскоговорящие туристы, бизнесмены и люди временно проживающие или путешествующие по Aмерике, обращаются к нам с вопросами о травмах, которые они получили в этой стране. В большинстве таких случаев, эти лица не понимают как получить возмещение за свои повреждения и как подать исковое заявление в суд чтобы возместить свой ущерб. Во многих случаях эти люди пытались получить консультацию у Aмериканских адвокатов, но к сожалению очень часто, из за языкового или культурного барьера, эти адвокаты не могли им помочь. Те граждане, которые по счастливому случаю нашли и обратились за помощью в нашу фирму, были очень благодарны этому. В нашей фирме, сотрудники свободно владеют и общаются с клиентами на русском языке и это позволяет нам помогать многим русскоязычным клиентам.

В случаях травм и повреждений, наша фирма получает оплату с клиентов по результату, то есть после и только в случае выигрыша дела. Окончательная оплата регулируется действующим контрактом и осуществляется только в случае благоприятного результата для вас. И ещё очень важно заметить, что наша фирма может заниматься и везти ваше судебное дело не только во Флориде, но и во многих других штатах. Наши адвокаты имеют лицензию во многих штатах страны, и даже если ваше дело имеет отношение к штату, где у нас нету лицензии, мы имеем обширную сеть компетентных адвокатов в этих штатах, к которым мы можем обратиться за помощью в ведение вашего дела. В тех случаях, когда нам понадобится вовлечь другую фирму, мы будем продолжать участвовать в вашем деле, так как мы продолжим работать напрямую с вами и для вас. Мы понимаем как это важно чтобы вы могли эффективно общаться с вашим адвокатом и поэтому, мы всегда будем активно участвовать в вашем деле до самого его завершения. В таких случаях, даже если нам придется задействовать другую фирму, это не в коем образе не поменяет наши с вами условия об оплате за услуги нашей фирмы, так как задействование другой фирмы не будет вами оплачиваться. И в итоге, две фирмы будут работать над вашим делом без какой либо дополнительной платы, и при этом у вас будет преимущество в том что вас будет представлять адвокат, который может общаться с вами и обсуждать статус вашего дела на родном русском языке.

По многим причинам такое участие является очень ценным.  Мы находим что многие Американские адвокаты не знакомы с системой медицинского обслуживания в России и странах СНГ, и поэтому они не знают  как получить важные подтвердительные документы для процесса возмещения ущерба в Cоединенных Штатах.

Очень часто когда приходится oпрашивать русскоязычных свидетелей о происшедшем несчастном случае или просить их о содействие и кооперации в легальном процессе, они относятся с недоверием к адвокатaм и сотрудникам не говорящим по русски.  А вот в опыте работы нашей фирмы, благодаря тому что наши сотрудники говорят по русски, мы испытываем большой успех в наших отношениях с русскоязычными свидетелями, которые имеют ценную информацию и документацию нужные как доказательства в судебном процессе по возмещению убытков в Cоединенных Штатах.  Наши русскоязычные адвокаты и работники помогают не только нашим клиентам, но и тем третьим лицам, которые не знакомы с системой законодательства в Соединенных Штатах.  Благодаря усилиям, навыку и опыту работы нашей фирмы, наши клиенты получают справедливое решение их дел.

В настоящее время, наша фирма работает над судебными делами по всей стране напрямую или в сотрудничестве с другими лидирующими фирмами страны.  Наш опыт и наши знания законодательства и судебной системы в сочетании с пониманием русского языка и культуры позволяет нам обеспечить наших русскоязычных клиентов с таким уровнем обслуживания, который в большинстве случаев просто недоступен для типичных Американских адвокатов.  Благодаря нашей репутации, знании языка и понимании проблем затрагивающих русскоязычное население, многие американские фирмы с разных концов страны обращаются к Урбан, Тиер, Федерер и Джексон с вопросами касающимися русскоязычных клиентов.   Например, в нескольких случаях мы предоставили помощь таким фирмам по вопросам касающимся Гаагской конвенции и вручении судебных документов по гражданским делам по травмам, ущербам, и несчастным случаям.  Мы всегда готовы помочь и ответить на вопросы русскоязычных людей, которым нужна наша помощь.

Кроме судебных дел по травмам, несчастным случаям и телесным повреждениям, мы также занимаемся очень многими другими вопросами гражданско-правового характера.  Очень часто эти дела ведутся на почасовой основе оплаты.  Наша команда по судебным процессам проводит очень много разных дел с эффективным результатом для наших русскоязычных клиентов и мы всегда готовы обсудить с вами как найти наиболее лучший и индивидуальный подход к вашему делу.  Так как мы имеeм офис еще и в Мюнхене, мы с такой же энергией и профессионализмом оказываем услуги русскоязычным клиентам в Германии.

Вы можете в любое время связаться с нами, рассказать подробности вашего дела и мы постараемся вам помочь.

The law firm of Urban Thier Federer & Chinnery, P.A. is proud to protect residents from abuse and neglect in Florida nursing homes, assisted living facilities, adult family-care homes, board and care facilities, and other similar residential adult care facilities, or, at minimum, seek justice for those already injured in these settings. The firm is most active in the Central Florida area, including Brevard, Lake, Orange, Osceola, Polk, Seminole, and Volusia Counties, but has also handled cases throughout the state of Florida, including Baker, Clay, Flagler, Marion, Citrus, Hernando, Sumter, Pinellas, Hillsborough, Manatee, and Sarasota Counties.

After years of defending physicians working in long term care facilities and, to an even greater degree, defending the facilities themselves – both in Texas and in Florida – I, and this firm, now serve the needs of those being abused and neglected in the long-term care setting. Although there are compassionate care givers who work in the long-term care industry, not all of the staff working at such facilities care about the needs of their facilities’ elderly and vulnerable resident population. Moreover, even those who enter the profession with high ideals and a desire to provide a high level of care to the residents within their charge often become jaded because they are overworked and underpaid for their efforts by their employers – the very facilities charged with ensuring the welfare of its residents. Corporate greed leads to inadequate facility budgets and compromises the ability to provide the level of care legally mandated by the Resident’s Bill of Rights, as reflected in the Florida Statutes. Corporate greed also undermines the moral obligation to care for those who number amongst the most frail and defenseless in our population. All too often my conferences with staff, as the defense attorney for the long term care facility, led to comments by registered nurses, licensed practical nurses, and certified nursing assistants that they were so overworked that if they actually provided all of the care that residents were supposed to receive on a daily basis then they would not reach all of the residents in their care and some would even die. Thus, these caregivers learn to cut corners and skip steps in the care plan – some of which result in disastrous consequences for the residents in their supposed care.

The one overriding theme evident in my years of defending the long-term care industry was the begrudging admission by the caregivers that those residents who had involved family members always received the best level of care. Thus, if you want your loved one to receive the best possible care, visit them regularly in the facility, become acquainted with the staff assigned to them, and ask questions. Moreover, when the facility schedules meetings that are designed to include the family, attend! Lack of involvement by the family only leads the staff to focus their efforts and attention upon other residents about whom they are being quizzed by more attentive family members. Unfortunately, even with regular and consistent family involvement, it may not be enough to bring about needed care for residents whose caregivers work in understaffed facilities. Instead, such facilities create an environment where adequate and appropriate healthcare, as defined in section 400.022 of the Florida Statutes, is impossible to achieve in light of the budget limitations their corporate hierarchy puts into place.

Chapter 400 of the Florida Statutes

The Florida legislature made the determination that the rights, health, safety, and welfare of residents residing in long-term care facilities are not fully protected by the rules of the Department of Elderly Affairs or the Agency for Health Care Administration or by the good faith of owners or operators of long-term care facilities. See Fla. Stat., § 400.0061. To address this problem, the legislature formed the Ombudsman Program, as set forth within Part I of Chapter 400 of the Florida Statutes. The legislature also went several steps further in creating Part II of Chapter 400, which addresses standards and their enforcement with respect to Florida’s nursing homes. FN1 Specifically, the Florida legislature explains the purpose behind Part II of Chapter 400 as follows:

Purpose – The purpose of this part is to provide for the development, establishment, and enforcement of basic standards for:

(1) The health, care, and treatment of persons in nursing homes and related healthcare facilities; and

(2) The maintenance and operation of such institutions that will ensure safe, adequate, and appropriate care, treatment, and health of persons in such facilities.

Fla.Stat., § 400.011. The basic standards for nursing home residents have been labeled as “residents’ rights” and are set forth at length within the statue. See Fla. Stat., § 400.022. Similarly, the enforcement mechanism relative to a breach or failure by the nursing home to comply with these rights is addressed through the filing of a claim pursuant to section 400.023 of the Florida Statutes. See Fla. Stat., § 400.023.

I. Resident’s Rights in Florida Nursing Homes

Licensees of nursing home facilities within the state of Florida must adopt and make public a statement of rights and responsiblities of the residents of such facilities and are bound to treat the facilities’ residents accordingly. Fla. Stat., § 400.022(1). Moreover, section 400.022 of the Florida Statutes sets forth certain discreet rights of nursing home residents, which are as follows:

(a) The right to civil and religious liberties, including knowledge of available choices and the right to independent personal decision, which will not be infringed upon, and the right to encouragement and assistance from the staff of the facility in the fullest possible exercise of these rights.

(b) The right to private and uncensored communication, including, but not limited to, receiving and sending unopened correspondence, access to a telephone, visiting with any person of the resident’s choice during visiting hours, and overnight visitation outside the facility with family and friends in accordance with facility policies, physician orders, and Title XVIII (Medicare) and Title XIX (Medicaid) of the Social Security Act regulations, without the resident losing his or her bed. Facility visiting hours shall be flexible, taking into consideration special circumstances such as, but not limited to, out-of-town visitors and working relatives or friends. Unless otherwise indicated in the resident care plan, the licensee shall, with the consent of the resident and in accordance with policies approved by the agency, permit recognized volunteer groups, representatives of community-based legal, social, mental health, and leisure programs, and members of the clergy access to the facility during visiting hours for the purpose of visiting with and providing services to any resident.

(c) Any entity or individual that provides health, social, legal, or other services to a resident has the right to have reasonable access to the resident. The resident has the right to deny or withdraw consent to access at any time by any entity or individual. Notwithstanding the visiting policy of the facility, the following individuals must be permitted immediate access to the resident:

1. Any representative of the federal or state government, including, but not limited to, representatives of the Department of Children and Family Services, the Department of Health, the Agency for Health Care Administration, the Office of the Attorney General, and the Department of Elderly Affairs; any law enforcement officer; members of the state or local ombudsman council; and the resident’s individual physician.

2. Subject to the resident’s right to deny or withdraw consent, immediate family or other relatives of the resident.

3. The facility must allow representatives of the State Long-Term Care Ombudsman Council to examine a resident’s clinical records with the permission of the resident or the resident’s legal representative and consistent with state law.

(d) The right to present grievances on behalf of himself or herself or others to the staff or administrator of the facility, to governmental officials, or to any other person; to recommend changes in policies and services to facility personnel; and to join with other residents or individuals within or outside the facility to work for improvements in resident care, free from restraint, interference, coercion, discrimination, or reprisal. This right includes access to ombudsmen and advocates and the right to be a member of, to be active in, and to associate with advocacy or special interest groups. The right also includes the right to prompt efforts by the facility to resolve resident grievances, including grievances with respect to the behavior of other residents.

(e) The right to organize and participate in resident groups in the facility and the right to have the resident’s family meet in the facility with the families of other residents.

(f) The right to participate in social, religious, and community activities that do not interfere with the rights of other residents.

(g) The right to examine, upon reasonable request, the results of the most recent inspection of the facility conducted by a federal or state agency and any plan of correction in effect with respect to the facility.

(h) The right to manage his or her own financial affairs or to delegate such responsibility to the licensee, but only to the extent of the funds held in trust by the licensee for the resident. A quarterly accounting of any transactions made on behalf of the resident shall be furnished to the resident or the person responsible for the resident. The facility may not require a resident to deposit personal funds with the facility. However, upon written authorization of a resident, the facility must hold, safeguard, manage, and account for the personal funds of the resident deposited with the facility as follows:

1. The facility must establish and maintain a system that ensures a full, complete, and separate accounting, according to generally accepted accounting principles, of each resident’s personal funds entrusted to the facility on the resident’s behalf.

2. The accounting system established and maintained by the facility must preclude any commingling of resident funds with facility funds or with the funds of any person other than another resident.

3. A quarterly accounting of any transaction made on behalf of the resident shall be furnished to the resident or the person responsible for the resident.

4. Upon the death of a resident with personal funds deposited with the facility, the facility must convey within 30 days the resident’s funds, including interest, and a final accounting of those funds, to the individual or probate jurisdiction administering the resident’s estate, or, if a personal representative has not been appointed within 30 days, to the resident’s spouse or adult next of kin named in the beneficiary designation form provided for in s. 400.162(6).

5. The facility may not impose a charge against the personal funds of a resident for any item or service for which payment is made under Title XVIII or Title XIX of the Social Security Act.

(i) The right to be fully informed, in writing and orally, prior to or at the time of admission and during his or her stay, of services available in the facility and of related charges for such services, including any charges for services not covered under Title XVIII or Title XIX of the Social Security Act or not covered by the basic per diem rates and of bed reservation and refund policies of the facility.

(j) The right to be adequately informed of his or her medical condition and proposed treatment, unless the resident is determined to be unable to provide informed consent under Florida law, or the right to be fully informed in advance of any nonemergency changes in care or treatment that may affect the resident’s well-being; and, except with respect to a resident adjudged incompetent, the right to participate in the planning of all medical treatment, including the right to refuse medication and treatment, unless otherwise indicated by the resident’s physician; and to know the consequences of such actions.

(k) The right to refuse medication or treatment and to be informed of the consequences of such decisions, unless determined unable to provide informed consent under state law. When the resident refuses medication or treatment, the nursing home facility must notify the resident or the resident’s legal representative of the consequences of such decision and must document the resident’s decision in his or her medical record. The nursing home facility must continue to provide other services the resident agrees to in accordance with the resident’s care plan.

(l) The right to receive adequate and appropriate health care and protective and support services, including social services; mental health services, if available; planned recreational activities; and therapeutic and rehabilitative services consistent with the resident care plan, with established and recognized practice standards within the community, and with rules as adopted by the agency.

(m) The right to have privacy in treatment and in caring for personal needs; to close room doors and to have facility personnel knock before entering the room, except in the case of an emergency or unless medically contraindicated; and to security in storing and using personal possessions. Privacy of the resident’s body shall be maintained during, but not limited to, toileting, bathing, and other activities of personal hygiene, except as needed for resident safety or assistance. Residents’ personal and medical records shall be confidential and exempt from the provisions of s. 119.07(1).

(n) The right to be treated courteously, fairly, and with the fullest measure of dignity and to receive a written statement and an oral explanation of the services provided by the licensee, including those required to be offered on an as-needed basis.

(o) The right to be free from mental and physical abuse, corporal punishment, extended involuntary seclusion, and from physical and chemical restraints, except those restraints authorized in writing by a physician for a specified and limited period of time or as are necessitated by an emergency. In case of an emergency, restraint may be applied only by a qualified licensed nurse who shall set forth in writing the circumstances requiring the use of restraint, and, in the case of use of a chemical restraint, a physician shall be consulted immediately thereafter. Restraints may not be used in lieu of staff supervision or merely for staff convenience, for punishment, or for reasons other than resident protection or safety.

(p) The right to be transferred or discharged only for medical reasons or for the welfare of other residents, and the right to be given reasonable advance notice of no less than 30 days of any involuntary transfer or discharge, except in the case of an emergency as determined by a licensed professional on the staff of the nursing home, or in the case of conflicting rules and regulations which govern Title XVIII or Title XIX of the Social Security Act. For nonpayment of a bill for care received, the resident shall be given 30 days’ advance notice. A licensee certified to provide services under Title XIX of the Social Security Act may not transfer or discharge a resident solely because the source of payment for care changes. Admission to a nursing home facility operated by a licensee certified to provide services under Title XIX of the Social Security Act may not be conditioned upon a waiver of such right, and any document or provision in a document which purports to waive or preclude such right is void and unenforceable. Any licensee certified to provide services under Title XIX of the Social Security Act that obtains or attempts to obtain such a waiver from a resident or potential resident shall be construed to have violated the resident’s rights as established herein and is subject to disciplinary action as provided in subsection (3). The resident and the family or representative of the resident shall be consulted in choosing another facility.

(q) The right to freedom of choice in selecting a personal physician; to obtain pharmaceutical supplies and services from a pharmacy of the resident’s choice, at the resident’s own expense or through Title XIX of the Social Security Act; and to obtain information about, and to participate in, community-based activities programs, unless medically contraindicated as documented by a physician in the resident’s medical record. If a resident chooses to use a community pharmacy and the facility in which the resident resides uses a unit-dose system, the pharmacy selected by the resident shall be one that provides a compatible unit-dose system, provides service delivery, and stocks the drugs normally used by long-term care residents. If a resident chooses to use a community pharmacy and the facility in which the resident resides does not use a unit-dose system, the pharmacy selected by the resident shall be one that provides service delivery and stocks the drugs normally used by long-term care residents.

(r) The right to retain and use personal clothing and possessions as space permits, unless to do so would infringe upon the rights of other residents or unless medically contraindicated as documented in the resident’s medical record by a physician. If clothing is provided to the resident by the licensee, it shall be of reasonable fit.

(s) The right to have copies of the rules and regulations of the facility and an explanation of the responsibility of the resident to obey all reasonable rules and regulations of the facility and to respect the personal rights and private property of the other residents.

(t) The right to receive notice before the room of the resident in the facility is changed.

(u) The right to be informed of the bed reservation policy for a hospitalization. The nursing home shall inform a private-pay resident and his or her responsible party that his or her bed will be reserved for any single hospitalization for a period up to 30 days provided the nursing home receives reimbursement. Any resident who is a recipient of assistance under Title XIX of the Social Security Act, or the resident’s designee or legal representative, shall be informed by the licensee that his or her bed will be reserved for any single hospitalization for the length of time for which Title XIX reimbursement is available, up to 15 days; but that the bed will not be reserved if it is medically determined by the agency that the resident will not need it or will not be able to return to the nursing home, or if the agency determines that the nursing home’s occupancy rate ensures the availability of a bed for the resident. Notice shall be provided within 24 hours of the hospitalization.

(v) For residents of Medicaid or Medicare certified facilities, the right to challenge a decision by the facility to discharge or transfer the resident, as required under Title 42 C.F.R. part 483.13.

Fla. Stat., § 400.022(1)(a-v). These rights were broadly written by the legislature to ensure the safe, adequate, and appropriate care, treatment, and health of persons in this state’s nursing home facilities.

II. Enforcement of a Resident’s Rights

The provision which allows a resident or someone acting on their behalf to initiate a claim against a nursing home for the violation of any of the resident’s rights listed above is section 400.023 of the Florida Statutes. See Fla. Stat., § 400.023. Specifically, the statute provides:

Any resident whose rights as specified in this part are violated shall have a cause of action. The action may be brought by the resident or his or her guardian, by a person or organization acting on behalf of a resident with the consent of the resident or his or her guardian, or by the personal representative of the estate of a deceased resident regardless of the cause of death.

Fla. Stat., § 400.023. This section further spells out the elements of such a claim, providing that:

(2) In any claim brought pursuant to this part alleging a violation of resident’s rights or negligence causing injury to or the death of a resident, the claimant shall have the burden of proving, by a preponderance of the evidence, that:

(a) The defendant owed a duty to the resident;

(b) The defendant breached the duty to the resident.

(c) The breach of the duty is a legal cause of loss, injury, death, or damage to the resident; and

(d) The resident sustained loss, injury, death, or damage as a result of the breach.

Fla. Stat., § 400.023(2). The duty element is generally not difficult to satisfy with respect to residents of nursing homes. The fact that a resident sustained damages may also not be a difficult element to establish, as these cases often involve death or significant injury to these individuals. More difficult is the demonstration that the nursing home breached its duty and that the actions of, or failure to act by, the nursing home and/or its staff was the, or a, cause of the injury or death of the resident. It is not enough for the family or average lay witness to testify about these matters. Rather, the law requires a plaintiff in such cases to establish causation through the testimony of the resident’s treating health care providers and/or expert witnesses retained to review the matter. In either instance, the testimony often involves complicated medical matters and requires the use of an attorney familiar with this area of the law.

III. How Does One Know if a Resident’s Rights Have Been Violated?

As a lay person – meaning someone lacking healthcare training, education, and experience – it can be difficult to determine whether there has been a lack of, or inadequate, care of a loved one. The following are typical areas of inquiry when considering whether a resident’s rights are being, or have been, violated:

1) Does the nursing home have a significant smell of urine or feces?

This may be due to the fact that staff is not timely cleaning its incontinent residents. Aside from being a dignity issue, long-time exposure to urine or feces, may accelerate skin breakdown and aid in the development of pressure sores. It may also lead to infection, particularly so with urinary incontinence in the elderly female residents.

2) When staff assistance is needed, are they readily available or do they respond quickly to call lights?

Staff in nursing homes are often overworked, for budgetary reasons, and simply can not accomplish the numerous tasks on behalf of those residents placed within their charge. Such inattentiveness can lead to a number of problems with, for example, hygiene, nutrition, hydration, or safety.

3) Has there been a sudden change in the resident’s weight?

Weight loss can have devastating effects on the elderly as they often no longer have significant weight reserves. Malnutrition, as typically evidenced by sudden, unplanned weight loss, can wreak havoc on their health, and such weight loss should be monitored closely.

4) Has there been a sudden change in the resident’s mental status?

Although, certainly, watching a loved one suffer from a decline in cognitive function can be devastating, sometimes such changes are due to inadequate or inappropriate care. Inappropriate medication or insufficient dosages or an over-dosage of medication can also cause changes in mentation. Similarly, an underlying and undiagnosed infection and other disease processes can be the root cause of such changes in behavior. Particularly dangerous is the fact that an undiagnosed infection can lead to sepsis, meaning that the infection has become systemic in nature, which can lead to death of the resident. Similarly, injuries to the head may also potentially cause sudden changes in awareness, cognition, and behavior.

5) Is the resident suffering from pressure sores?

Most pressure sores are preventable with proper repositioning of the resident, whether by the staff physically doing so on a regular schedule or through the use of repositioning devices. The development of such sores may be a sign of lack of care by the staff.

6) Does the resident have unexplained bruises or, especially if uncommunicative, do they seem to be in unexplained pain?

Sometimes residents do not receive adequate supervision within the nursing home facility and they sustain falls and/or other injuries. If the nursing home staff is not particularly attentive, the only record of such an injury may be the bruising of the resident or, worse yet, a fracture. Individuals suspected of having fallen should be carefully evaluated for fractures, head injuries, and related injuries. In some instances, also, facilities have been known to illegally restrain residents to prevent them from falling. Aside from being a dignity issue, illegal restraints have led at times to other types of injuries, including bruising and even strangulation.

7) Has the resident been attacked by another resident?

A nursing home can be held responsible for allowing another resident to attack your loved one, if it can be demonstrated that the facility should have been on notice of the risk of such conduct. Often this is the case in dementia wards, where residents have a history of being abusive to caregivers and other residents.

As a side note, in some instances residents are attacked by staff of the nursing home. Such cases are particularly egregious when such staff holds previous convictions or has a work history of being terminated at other facilities for such actions, but is nevertheless employed at the facility in which your resident resides.

These are a few examples of the types of violations that may occur in the nursing home setting. For a complete evaluation of a potential claim, we encourage you to contact us.

IV. Statue of Limitation

Any case asserting claims under Chapter 400 of the Florida Statutes must be brought within two years from the time that the alleged incident[s] occurred or within two years from the time the incident[s] is [are] discovered or should have been discovered with the exercise of due diligence. Fla. Stat., § 400.0236. The Florida legislature mandates that under no circumstances shall any such claim be brought in excess of four years from the date of the incident[s]. Id.

Conclusion

Please remember that your rights, or those of a family member, as guaranteed by Chapter 400 of the Florida Statutes, can not be enforced indefinitely. If you have any concern about whether your rights or those of a loved one have been violated, we encourage you to seek advice from an attorney who has extensive experience in this area of the law. We also encourage you to explore our website www.urbanthier.com to learn more about Urban Thier Federer & Chinnery, P.A., its attorneys, and the firm’s practice areas. Moreover, we further encourage you to become informed about your, and/or your family member’s, rights and options. You should also ensure that any law firm you consult or retain to represent you has the experience, resources, and ability to litigate your case through the time of trial and, if necessary, appeal.

Should you retain this firm, we will evaluate your case and advise you as to whether, in our opinion, you may have a valid claim for nursing home abuse and/or neglect. Any claim that we pursue will be based upon a contingency fee basis, meaning that unless you recover any proceeds against the nursing home, we are not owed a fee.

This website provides general information only. Statutory information is only current through 2008, and is subject to change. Please note that we do not represent you and cannot take any action on your behalf unless and until we enter into a formal written Legal Represenation Agreement. If we do not respond to your inquiry or are unable to take your case, please contact another Florida law firm immediately to have your case assessed.

The hiring of a law firm is an important decision that should not be based solely on advertisements. Before you decide, ask for information reflecting qualifications and experience with respect to such matters.

FN1 Although this firm handles matters involving assisted living facilities and other long-term care facilities, the focus of this article is geared towards Florida’s nursing homes.