FAQs on Elopements and Injuries in Florida Assisted Living Facilities: A Legal Overview

FAQs on Elopements and Injuries in Florida Assisted Living Facilities: A Legal Overview

Date: 13 November 2023 | Blog | Nursing Home Neglect | Elopement | By: Sanga Turnbull

Elopements and injuries within assisted living facilities are not only a healthcare concern but also a legal one. This is particularly true in Florida, where a growing population of older adults resides in assisted living environments. This article addresses some of the most frequently asked questions on the subject, taking into account the specifics of Florida law.

What Constitutes Elopement Under Florida Law?

In Florida, elopement in assisted living facilities is often defined as an unauthorized or unsupervised departure that puts the resident at risk. This definition can have far-reaching implications for the facility, as Florida law (Chapter 429, F.S.) necessitates adequate supervision and security measures to protect residents.

How Does Florida Law Address Injuries in Assisted Living Facilities?

Florida law requires facilities to maintain a safe environment for all residents, safeguarding them from neglect and abuse, which includes injuries due to neglectful care. Any facility failing to meet these standards can face penalties, including fines and revocation of their operating license.

What Are the Preventive Measures Required by Florida Law?

Florida statutes require facilities to undertake risk assessments for elopement and create appropriate care plans. Surveillance systems, alarm systems, and staff training are commonly employed preventive measures. Failure to put these preventative measures in place could be considered negligence under Florida law.

What Legal Repercussions Do Facilities Face for Elopements and Injuries in Florida?

Facilities could be held liable for negligence and may face civil, and in some extreme cases, criminal charges. Penalties can include hefty fines, and the Department of Elder Affairs could revoke or suspend the facility's license.

What Should Families in Florida Do if a Loved One Elopes?

• Immediate Notification: Inform the facility and local authorities immediately.
• Legal Documentation: Keep records of all communications for potential legal proceedings.
• Florida Law: Florida law mandates that facilities report elopements to the Florida Agency for Health Care Administration and local law enforcement.

How Are Incidents Documented Under Florida Law?

In Florida, all incidents causing harm, including injuries and elopements, must be reported to the state's Agency for Health Care Administration. Detailed records must be maintained and made available for inspection.

Call 407.612.6464 • 863.324.3500 today to speak with an experienced Nursing Home Abuse and Neglect Lawyer who proudly serves Lakeland, Orlando, and throughout the State of Florida.