Real Risks of Caregivers on Continuing Care Community Property

Providing a high-quality and safe environment and care for vulnerable seniors is a top priority for continuing care communities (CCCs).  Senior communities that provide a full continuum for seniors aging in place (including independent living, assisted living, skilled nursing, and memory care) often focus their safety concerns and resources on the licensed areas of the community, where falls and skin breakdown are the subject of lawsuits.  Sometimes overlooked are the risks that arise when independent living residents bring their own personal caregivers into the community to support their needs.

Growing Use of Personal Caregivers

More and more seniors are finding safety and security in CCCs throughout the country.  And, as they age in place, maintaining that independence often involves the use of personal caregivers who come into the CCCs and create additional risks.  Each time a personal caregiver is allowed admittance to the CCC, real risk is created- and that risk can lead to legal liability, including:

  • Injury to other residents
  • Injury to the resident that hired the caregiver
  • Injury to the caregiver caused by other residents
  • Slip, trip and fall (or other general liability claims) by the caregiver against the CCC
  • Theft/damage to property

But there are a few basic steps that a CCC can do to reduce those risks, while still allowing residents their independence.  Here are some simple considerations:Continue reading

Types of Intentional Torts

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In the state of Florida, intentional tort charges can mean some pretty hefty consequences.

From jail time and fines to expensive court dates and long probationary periods, the consequences of successful prosecution of intentional torts can be devastating.

Even though intentional tort charges are serious, there are some important things to know when mounting a case, especially if the intent of the individual charged was not to inflict harm.

What Are Intentional Torts?

An intentional tort refers to an action that a person makes intentionally that results in harm to someone else.

It’s important to note that the person may not have intended to cause harm, but if they willfully made a choice to do something that ultimately hurt someone in some way, they can be charged with an intentional tort.

This means that negligence on the job or even a prank can turn into a criminal charge if it means that someone is hurt as a result of that intentional choice.

What Are the Intentional Torts Recognized by Florida?

Every state is different when it comes to defining intentional tort according to law. Most include variations of the same six to eight actions. In Florida, the intentional torts recognized by the courts include the following:

  • Battery
  • Purposeful infliction of emotional distress
  • Assault
  • False imprisonment
  • Trespass on land
  • Interference with someone’s personal property (called trespass to chattels and conversion)

What Are Intentional Tort Elements?

Just like the definition of intentional tort, the elements required by any court in order to prove an intentional tort may vary according to the type of court and the situation.

In most cases, the elements a plaintiff must prove will include:

  • That the person did indeed complete the action that caused harm.
  • The intent behind the action.
  • The motivation or cause for the choice to engage in the action or that recklessness was at play.
  • The harm caused by that action.

Help With Intentional Tort Charges

A healthcare business or healthcare professional may be the target of an intentional tort investigation, and if that is the case, Florida State Healthcare Law Firm can help.

Call now for more information about available assistance.