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“Elder abuse in long-term care facilities is increasing. During this holiday season, before you visit relatives and friends in long-term care facilities, it is important to be aware and recognize the various types of elder abuse and how to report it,” said Fort Myers Nursing Home Abuse Lawyer Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A.

Data from Adult Protective Services (APS) indicates a rising number of reported abuses in recent years.

In 2018, Nursing Home Abuse Justice (NHAJ) reported that as many as 5,000,000 elders are abused each year in the United States.

• One study reported that as many as 24.3 percent of residents experienced at least one instance of physical abuse while in a nursing home.
• Another study estimates only 1 in 14 incidents of elder abuse are formally reported. The New York State Elder Abuse Prevalence Study suggests this number is even more severe, with only 1 in 25 cases of abuse reported.

The National Center for Victims of Crime reports that the elder abuse complaints break down as follows: 

• 4 percent – Physical abuse
• 1 percent – Resident-on-resident abuse (physical or sexual)
• 4 percent – Psychological abuse
• 3 percent – Gross neglect
• 9 percent – Sexual abuse
• 9 percent – Financial exploitation 

Florida laws are in place to protect residents. It is a felony in Florida to abuse seniors. Florida statute 825.102 outlines elder abuse as abuse, neglect or aggravated abuse of an elderly individual or disabled adult. It becomes elder abuse when the victim is older than 60 years of age. When an adult is at least 18 years old but under 61 years of age, it is considered an abuse of a disabled adult. For more information on this statute go to http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0825/Sections/0825.102.html.

Adult Protective Services (APS) has an abuse hotline for reporting instances of abuse. According to http://www.nursinghomeabuseguide.org/, Florida’s statute of limitations, as per Florida Statute 429.296, limits the time after an incident that the victim or their family may file a claim against the party that caused the harm. In Florida, there is a standard timeframe of two years to file a lawsuit. However, in some cases, the statute of limitations may be extended. This can occur if there is intentional and fraudulent concealment and misrepresentation that prevents the residents or their families from filing. This can extend the limitations to four years and up to a maximum of six.

The statute of limitations begins at one of three times. It can start when the harmful incident happened, when the victim or representatives of the victim learn that the injury was caused by a certain accident, or when the victim or family should have reasonably been aware that a specific incident was the cause of the injury.

“Contact Spivey Law Firm, Personal Injury Attorneys, P.A. if you suspect abuse. We represent people involved in numerous types of personal injury and wrongful death accidents throughout the state of Florida. All of our clients have unique personal injury cases. Our firm provides personal contact and communication along with aggressive representation. We are available 24/7, and there are no costs or attorney fees unless we make a monetary recovery for you,” said Attorney Spivey.

Florida Nursing Home Negligence Attorney, 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 just one (1%)percent of Florida attorneys. He has handled over 2,000 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.