Tragos, Sartes, & Tragos Logo
ATTORNEYS
George E. Tragos Pete A. Sartes Peter L. Tragos
PRACTICE AREAS
Personal Injury
Back Injury Brain Injury Catastrophic Injury Product Liability Wrongful Death Nursing Home Abuse Insurance Disputes
Auto & Vehicle Accidents
Motorcycle Accident Truck Accident Pedestrian Accident Accidents in Tampa Hit & Run
Medical Malpractice Criminal Defense
Premises Liability
Slip & Fall Negligent Security
Sexual Abuse
AWARDS
Testimonials Case Results
PODCASTS
RESOURCES
Personal Injury Guide Blog In The News Video Center Video FAQs
COVID-19 UPDATES
CONTACT
Tragos, Sartes, & Tragos
Attorneys Awards Testimonials Case Results Podcasts Blog In The News Personal Injury Guide Video Center Video FAQs Contact Us
Personal Injury
Back Injury Brain Injury Catastrophic Injury Product Liability Wrongful Death Nursing Home Abuse Insurance Disputes
Auto & Vehicle Accidents
Motorcycle Accident Truck Accident Pedestrian Accident Accidents in Tampa Hit & Run
Medical Malpractice Criminal Defense Premises Liability
Slip & Fall Negligent Security
Sexual Abuse
OPEN PRACTICE AREAS
PERSONAL INJURY
Back Injury Brain Injury Catastrophic Injury Product Liability Wrongful Death Nursing Home Abuse Insurance Disputes
AUTO & VEHICLE ACCIDENTS
Motorcycle Accident Truck Accident Pedestrian Accident Accidents in Tampa Hit & Run
MEDICAL MALPRACTICE CRIMINAL DEFENSE PREMISES LIABILITY
Slip & Fall Negligent Security
SEXUAL ABUSE

The Duty in Nursing Home Abuse Cases

FL Injury Lawyers (Home) / Tampa Personal Injury Lawyer / Tampa Nursing Home Abuse Lawyer / The Duty in Nursing Home Abuse Cases

The duty owed is a legal term that defines a certain standard of care that must be upheld or be found liable. The nursing home has a responsibility to provide its residents with a level of reasonable care, to protect the residents and provide them with a safe environment, and to uphold the dignity and quality of life of the residents when accepting them into the nursing home.

Should the nursing home or any of its staff fail its duty, resulting in a nursing home abuse case in Tampa, the resident and their loved ones have the right to hold the nursing home liable for damages. If you or a loved one is experiencing abuse in a nursing home or assisted living facility, contact a Tampa nursing home abuse lawyer today.

Facility Employees Duty

Every employee that will be in contact with the residents of the nursing home undertakes this duty. Whether the person is a nursing home employee, outside doctor, or temporary worker coming in, each person has the duty to use reasonable care in caring for the nursing home residents.

The duty of care also extends to people that are not employees of the facility. The employees have the responsibility to make sure that residents are not left unattended with people that are not there to actually visit that resident.

This heightened legal duty exists because residents of nursing homes can be seen as easy targets. They often cannot defend themselves and may have physical or mental incapacities that cause them to not be reliable sources of reporting nursing home abuse.

Nursing Home vs. Hospital Duty of Care

A hospital’s duty of care is to not commit medical negligence, whereas a nursing home’s duty of care is focused on a more reasonable standard.

Medical negligence requires that a certain doctor commits and sign off on negligence. However, in nursing home cases, an ordinary standard of negligence can result because employees are in constant contact with residents.

The standard of care for nursing homes is closer to a reasonable standard. It does not have the same heightened duty as a hospital that can fall under medical malpractice or medical negligence cases. In this sense, nursing home negligence cases can be easier to pursue because the standard of care is more of a reasonable standard as opposed to the standard of a medical doctor or medical facility.

Resident’s Rights

The rights of a patient in a nursing home are the right to be treated with dignity and respect, the right to be informed in writing about services and fees, the right to manage his or her own money or choose someone to do this, the right to privacy, the right to keep his or her personal belongings and properties as they are. Additionally, they have the right to be informed about their medical condition, medication, and to see his or her own doctor, and the right to choose his or her own schedule. Finally, the residents have a right to an environment similar to a home that maximizes their comfort and provides that person with assistance and independence.

START WITH A FREE CONSULTATION
YOU DON'T PAY UNLESS WE WIN
CONTINGENT FEE CASES ONLY
map text background
CLEARWATER
2363 Gulf to Bay Blvd Ste 100
(727) 441-9030
Tragos, Sartes, & Tragos Logo

SIGNUP FOR OUR NEWSLETTER

TAMPA

100 S. Ashley Drive, Suite 600
Tampa, FL 33624

(813) 223-6405DIRECTIONS »
ST. PETERSBURG

360 Central Ave. #800
St. Petersburg 33701

(727) 441-9030DIRECTIONS »

Important Links:Home • Clearwater • Pinellas County • St. Petersburg • Tampa • Personal Injury Guide

Our team of experienced Clearwater personal injury lawyers fight for you and ensure you get what is deserved due to the negligence of another.

Areas We Serve: Clearwater • Tampa • St. Petersburg • South Florida Cities

 

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Copyright © 2021     Disclaimer | Privacy Policy | Accessibility Statement Lawyer Marketing Services by Fuel Web Marketing