Nursing Home Neglect / Abuse FAQs
I believe there is neglect or abuse, what do I do?
Obviously, if the circumstances require immediate medical attention, you should take steps to obtain appropriate care through a private physician or hospital emergency room.
Is there anything else I can do?
If you believe there has been neglect or abuse that represents criminal abuse of the elderly, you should notify the local police or other agencies in your state that investigate complaints of this nature. In Florida, you may call the Florida Department of Children and Families at 1-800-962-2873, or the Agency for Health Care Administration at 1-561-840-0156.
We also recommend that you contact us about handling claims based upon nursing home abuse and neglect. We are well versed in the laws concerning nursing home abuse and neglect, the rights of the nursing home resident, and how to enforce those rights.
Are nursing homes monitored?
The State of Florida monitors nursing homes. The Agency for Health Care Administration routinely performs inspections of facilities and responds to complaints. The Agency for Health Care Administration maintains a Web site that lists the facilities found to be in violation during the most recent agency nursing home update.
What are the typical types of cases found in nursing home neglect?
Improper health care, malnutrition or dehydration, bed sores or decubitus ulcers, and fractures and frequent falls, are the most common types of cases found in nursing home neglect. These are the items to watch for:
| Improper health care – Inadequate supervision and failure by the nursing home to follow doctor’s orders regarding medical care and treatment of a resident. Examples include situations when the nursing home fails to notify the physician of a significant change in the resident’s condition, or to provide access to emergency medical care when necessary. Improper health care can also result in medication errors, unnecessary sedation, or the improper use of restraints by the nursing home. |
| Malnutrition or dehydration – A nursing home is responsible for monitoring changes in body weight and following the standard of care in providing adequate nutrition and hydration to a resident. When a resident shows signs of weight loss or dehydration this can be caused by inadequate diet or inability to eat independently. The nursing home needs to react to implement preventive measures to bring to an end further weight loss or dehydration. Failure to monitor the resident may constitute evidence of neglect. |
| Bedsores – A nursing home is responsible for periodically assessing whether a resident is at high risk for skin breakdown. Sores or ulcers are typically seen on the legs, heels, buttocks, and other bony prominences of the body. With severe skin sores or ulcers, systemic infection or multi-system organ failure may develop, leading to death. Failure by the nursing home to provide reasonable and timely access to a doctor or wound care center for treatment may constitute evidence of neglect. |
| Falls – It is the responsibility of a nursing home to assess whether a resident’s condition places him/her at high risk for falls. A resident may fall out of bed or during a transfer to the bathroom or wheelchair. Sometimes a fracture occurs during physical therapy due to inadequate or improper treatment or care. If this occurs, the nursing home’s failure to timely implement fall prevention measures into the resident’s plan of care may constitute gross negligence or recklessness. If the resident is at risk for falling out of bed, the nursing home should attempt to prevent falls or trauma by putting up bed rails, placing a soft mattress next to the bed, or lowering the bed. If the resident is at risk for falls during transfers to or from the bathroom, wheelchair, or bed, the nursing home should attempt to prevent falls by providing the appropriate number of staff to assist the resident during these transfers. |
Can we settle the case without going to court?
Yes, in fact, 90% of cases settle before an actual trial.
What should be done if nursing home abuse or neglect is suspected?
If the circumstances require immediate medical attention, you should take steps to obtain appropriate care through a private physician or hospital emergency room.
You should also consider contacting an attorney experienced in handling claims based upon nursing home abuse and neglect. This attorney will know the laws, the rights of the nursing home resident, and how to enforce those rights. He or she will also know how to pursue a monetary award for the abused or neglected resident.
What are the rights of a nursing home resident in the State of Florida?
Nursing Home Resident's Bill of Rights
The Nursing Home Resident's Bill of Rights includes the following provisions to protect your elderly loved one from bed sores and other signs of nursing home abuse in Florida. Among the rights guaranteed to each resident are the following:
| Reasonable access to health and legal services |
| To be transferred or discharged only for medical reasons |
| To be free from mental and physical abuse, corporal punishment, seclusion, and physical and chemical restraints |
| To be treated courteously, fairly, and with the fullest measure of dignity |
| Privacy |
| To receive adequate and appropriate health care |
How can the rights provided by the State of Florida be used to protect and benefit an abused or neglected nursing home resident?
The Florida Statutes create a special cause of action against any facility that deprives a resident of his or her rights. This cause of action makes it possible for every abused or neglected nursing home resident to select a private attorney to file a civil lawsuit for both compensatory and punitive damages for the violation of any of the protected rights.
If we are suing the nursing facility of our loved one, should we move them?
Yes. You do not want to risk mistreatment or retaliation by disgruntled nursing home personnel.
How do I get my parent out of the nursing home?
If the resident is in danger and you feel that you must remove him or her from the home at once, we suggest contacting a local at-home health service that you feel comfortable with. If you cannot afford an at-home service, you might consider hiring a nurse to watch your parent in the nursing home.
Can a nursing home evict a resident?
Residents can be discharged only for the following conditions:
| If they fail to pay rent. |
| If they pose a danger to other residents. |
| If they need special medical attention that the home doesn’t have. |
| If their condition improves so that they don’t need the home any longer. |
Residents cannot be discharged for minor issues like how clean they keep themselves or their room. Residents have the right to appeal any discharge.
Who can pursue a claim?
The Florida State legislature has decided that enforcement of a resident’s rights should be placed in the hands of the resident and the resident’s family members. Florida’s Civil Enforcement Statute allows a resident and his or her family to sue the facility on the resident’s behalf for neglect and abuse, and any other violation of the resident’s rights.
How do courts measure the worth of a Florida nursing home abuse injury?
Courts use rulings and awards from previous negligence and abuse cases to help determine the worth of a victim’s pain and suffering. We also use these previous rulings and awards to estimate our offer to the nursing home. Technically, however, your case will be worth either the maximum amount the nursing home will offer us to settle or the maximum amount of an award offered by a judge and jury if your case goes to court. The worth of your case depends on many things, like how the neglect or abuse occurred, what injuries were suffered, future medical problems or other pain and suffering, the amount of the medical expenses, and future medical costs.
How long do I have to file a claim for damage on behalf of my loved one?
This is a difficult question, as it may vary depending upon when the abuse or neglect was discovered. In general, you should immediately consult with an attorney if you suspect abuse. Like a standard medical malpractice claim, the timeline for asserting your legal rights is generally two years from the date of the incident, but there are complicated requirements that govern the claims process.
How can I prove a case on behalf of my loved one if he or she is not able to testify about what happened to them?
Sometimes the abuse or neglect victim has passed away either as a consequence of the abuse or neglect, or for some other reason. Other times, the weakened state of the loved one makes obtaining testimony impossible. This does not mean that a claim cannot be made on their behalf. A good attorney will scour the medical records, talk to expert physicians, question witnesses and take other steps to lay out a proper claim.
