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Nursing homes are meant to provide a safe environment and essential care for our elderly loved ones. However, not all facilities fulfill their duty, resulting in neglect and even physical abuse that can harm vulnerable residents. According to the American Association of Retired Persons (AARP), Florida is the 9th worst state in the country for the quality of long-term services. 

What Constitutes Nursing Home Neglect?

Nursing home neglect occurs when a facility fails to provide the appropriate level of care. This neglect may stem from understaffing, inadequate training, or a general disregard for the well-being of the residents. Florida Statute Section 415.102 defines “neglect” as “the failure or omission on the part of the caregiver or vulnerable adult to provide the care, supervision, and services necessary to maintain the physical and mental health of the vulnerable adult, including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services, which a prudent person would consider essential for the well-being of a vulnerable adult.” 

The term “neglect” also means “the failure of a caregiver or vulnerable adult to make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others.” Section 415.102, Fla. Stat. A “vulnerable adult” is defined as “a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging.”

Here are some common forms of Nursing home neglect that Attorney Randall Spivey has encountered as an experienced Fort Myers Nursing Home Abuse Attorney in decades of helping victims and the families of victims:

Patient/Resident Falls: One of the leading causes of injury in nursing homes is patient falls. Often, residents may require assistance with mobility, such as walking or transferring from beds and chairs. When facilities fail to provide adequate supervision or assistance, patients may fall, leading to broken bones, head injuries, and other severe complications. 

Bed Sores and Pressure Wounds/Ulcers: Bed sores, also known as pressure ulcers, occur when residents are left in the same position for extended periods without being turned or repositioned. These sores can lead to infections, severe health problems, and even death. Nursing homes must provide regular care to prevent these painful conditions, and failure to do so is a clear sign of neglect. 

Lack of Supervision of Fall-Risk Patients: Certain patients, particularly the elderly and those with mobility issues, are at a higher risk of falling. Nursing homes should have safeguards in place to monitor and assist these residents. This means ensuring that residents with mobility issues are properly supervised and have assistance with tasks that require them to navigate through the facility, especially in the bathroom or locations that pose more difficult or dangerous types of movements.

Delayed Treatment of Injuries After a Fall: When an elderly person falls, the effects are often more severe due to age-related factors such as fragile bones. Immediate medical attention is crucial to prevent further harm. Unfortunately, some nursing homes neglect to accurately assess and treat residents after a fall, resulting in untreated fractures or worsened conditions. 

Failure to Supervise Residents with Dementia or Alzheimer’s: Individuals with dementia or Alzheimer’s require heightened supervision and specialized care due to cognitive impairments. Without proper oversight, these individuals may wander away from the facility or put other residents in danger.

Elopement or escaping by Alzheimer’s/Dementia Patients: Elopement is a particularly alarming form of neglect. When a vulnerable resident manages to leave the nursing home unsupervised, the results can be tragic. Nursing homes are required to have security measures in place to prevent this from happening.

Medication Errors: Administering the wrong dosage of medication, providing the wrong medication, or failing to provide necessary medications can lead to severe health complications or death. 

Hip Fractures: Hip fractures are a common injury in nursing homes, particularly following a fall. These fractures often require surgery and extensive rehabilitation. Nursing homes are responsible for preventing falls, providing prompt medical attention when needed, and offering ongoing care. 

Aspiration Pneumonia: Aspiration pneumonia occurs when food, liquid, or vomit is inhaled into the lungs, leading to infection. Nursing home residents with swallowing difficulties are at increased risk of developing this condition. Facilities must properly monitor residents or provide necessary assistance during meals.

Improper Protection from Hazards: Nursing homes should be a safe environment for elderly residents, yet hazards like slippery floors, poor lighting, and cluttered walkways can cause accidents. 

Improper Medical Care: Finally, improper medical care in nursing homes and medical malpractice can range from delayed diagnoses to incorrect treatments. Nursing homes are responsible for ensuring residents receive adequate and timely medical care, including follow-ups and specialist referrals. 

Understanding Nursing Home Abuse

While nursing home neglect refers to the failure of a facility to provide the standard of care required, nursing home abuse is a more deliberate and malicious act. It can take several forms, including physical, emotional, and sexual, and the effects are often devastating for the victim and their family. Florida Statute Section 415.102 specifically defines “abuse” as “any willful act or threatened act by a relative, caregiver, or household member which causes or is likely to cause significant impairment to a vulnerable adult’s physical, mental, or emotional health.” The term “abuse” includes both acts and omissions. Nursing home abuse may include:

1. Physical Abuse: Physical abuse in nursing homes involves intentional harm to a resident through actions such as hitting, kicking, pushing, or inappropriate use of restraints. The elderly are particularly vulnerable to physical abuse due to their frailty, and even minor physical assaults can result in severe injuries like bruises, broken bones, or concussions. 

2. Emotional Abuse: Emotional abuse, also known as psychological abuse, can be equally damaging as physical harm. This type of abuse occurs when caregivers yell at, belittle, threaten, isolate, or verbally harass residents, leaving them feeling frightened, humiliated, or depressed. Emotional abuse often goes unreported, as it leaves no physical marks, but it can significantly impact a resident’s mental health and well-being.
3. Sexual Abuse: Sexual abuse in nursing homes, though less frequently reported, is a horrifying and inexcusable form of abuse. It involves any unwanted sexual contact or activity with a resident who is either unwilling or unable to consent due to cognitive or physical impairment. This type of abuse is a serious violation of human dignity and can lead to emotional trauma, physical injuries, and lasting psychological harm.

Recognizing the Warning Signs of Nursing Home Abuse

Nursing home abuse can be difficult to detect, especially since many residents may be afraid or unable to speak out. Families should be vigilant and watch for potential signs that abuse may be occurring, including:

• Unexplained injuries such as bruises, cuts, or broken bones
• Sudden changes in behavior, such as withdrawal, depression, or anxiety
• Fear or nervousness around specific staff members
• Unexplained weight loss or poor personal hygiene
• Bed sores, pressure wounds, or other signs of neglect
• Missing personal belongings or unusual financial activity; or
• Complaints from the residents that they are being mistreated, even if subtle.

If you notice any of these red flags, it is essential to act quickly. The Florida Department of Children and Families provides a Florida Abuse Hotline where complaints of abuse or neglect may be reported by calling 1-800-962-2873. You can also submit an online report at https://www.myflfamilies.com/services/abuse/adult-protective-services. 

To report nursing home abuse to the Agency for Healthcare Administration, the AHCA complaint link is https://ahca.myflorida.com/contact-ahca/complaint-faq The Long-Term Care ombudsman through the department of Elder Affairs also has resources and a way to file complaints about facilities.  Link: https://ombudsman.elderaffairs.org/file-a-complaint/

After reporting the abuse, you should seek help from an experienced attorney that can help you determine the best course of action to protect your loved one.

Fort Myers Nursing Home Abuse Attorney Seeking Justice for Victims of Nursing Home Neglect and Abuse

Fort Myers Nursing Home Abuse Attorney Randall Spivey and the entire team at Spivey Law Firm, Personal Injury Attorneys, P.A. are dedicated to protecting the rights of nursing home residents and holding facilities in Fort Myers and the surrounding area accountable for their negligence. We understand the emotional and physical damage that nursing home neglect can cause, and we are committed to seeking justice on behalf of those who cannot advocate for themselves. 

If your loved one has been the victim of nursing home abuse or neglect, contact Spivey Law Firm, Personal Injury Attorneys, P.A. as soon as possible. Nursing home cases can be complicated and are subject to numerous laws and regulations governing how a claim may be brought. Our experienced attorneys will work tirelessly to investigate your case, ensure the responsible parties are held accountable, and help your family recover the compensation you need for medical expenses, pain and suffering, and more.

Spivey Law Firm, Personal Injury Attorneys, P.A. is available 24/7 to help victims of nursing home abuse and neglect and their families. Please call 239-337-7483 or statewide in Florida call 1-888-477-4839 or contact us online at SpiveyLaw.com for a free initial consultation. There are no costs or attorney fees until we make a monetary recovery for you.