Latest Blogs

According to NursingHomeAbuseGuide.org, understaffing is an issue across the country and the underlying cause of elder abuse and neglect. When understaffing occurs, the staff that is actually at the facility often becomes extremely overworked and stressed which presents a greater risk of frustration and abusive acts. 90 percent of nursing homes are currently understaffed. It is such a serious issue that residents who live in understaffed facilities are at risk of malnutrition, weight loss, bedsores, dehydration, infections, and pneumonia.

When staff is limited, overtime is often used to compensate. Overtime contributes to stress levels for longer-working staff members.

Many patients in facilities are immobile. Immobile patients require more care. They are dependent on caregivers for movement and other needs. When a facility is understaffed, immobile patients suffer and can incur painful skin conditions even infections.

Some possible indications of elder abuse or neglect according to the National Center for State Courts, Identifying and Responding to Elder Abuse: A Benchcard for Judges 1 (2012) are:

• Physical/Sexual Abuse - Slap marks, unexplained fractures, bruises, welts, cuts, sores, burns, non-consensual sexual contact.
• Emotional Abuse - Withdrawal from normal activities, unexplained changes in alertness, or other unusual behavioral changes, an aggressive or controlling caregiver.
• Financial Abuse/Exploitation - Sudden change in finances and accounts, altered wills and trusts, unusual bank withdrawals, checks written as “loans” or “gifts,” loss of property, and/or improper use of power of attorney.
• Neglect – Lack of basic hygiene, lack of medical aids (glasses, walker, hearing aid, medications, etc.), hoarding, incapacitated person left without care, pressure ulcers, malnutrition, or dehydration.

Florida Statute 400.23(2)(g) requires each nursing home or assisted living facility to have a minimum weekly average of certified nursing assistants (CNAs) and licensed nursing staff (RNs/LPNs) combined of  3.6 hours of direct care per resident per day. A minimum CNA staffing of 2.5 hours of direct care per resident per day is also required.

Federal law adds requirements for facilities that are certified to accept Medicare and Medicaid patients. These facilities must have a registered nurse (RN) on duty at least 8 hours a day, 7 days a week; and a licensed nurse (RN or LPN) on duty 24 hours a day. The federal law does not, however, have a minimum staffing level for nurse’s aides who provide most of the day-to-day care. Facilities are required “to provide sufficient staff and services to attain or maintain the highest possible level of physical, mental, and psychosocial well-being of each resident.”

“We at Spivey Law Firm, Personal Injury Attorneys, P.A. have seen the devastation caused by nursing and/or assisted living facility abuse. Please contact our experienced team should you or a family member be abused. We are available to assist you,” said Fort Myers Nursing Home Abuse Lawyer, Randall Spivey.

Fort Myers Nursing Home Abuse Lawyer, Randall L. Spivey is a Board Certified Civil Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by less than 2 percent of Florida attorneys. He has handled over 1,500 personal injury and wrongful death cases throughout Florida. For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at  239. 337.7483 or toll free at 1.888.477.4839, or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com  for more information. You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.