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Each year more than 2 million Americans fall victim to some form of elder and/or adult abuse, which includes neglect and exploitation, according to the American Psychological Association (APA). 

“It is important for relatives and friends of seniors and vulnerable adults to be on the alert for the potential of abuse in nursing homes and long-term care facilities. Abuse may not always be evident. Many seniors and vulnerable adults are reluctant to speak about abuse, and may not recognize it themselves. We at Spivey Law Firm, Personal Injury Attorneys, P.A. see the results of nursing home abuse and are providing this information about what this abuse is and what to do about it in an effort to protect our seniors and vulnerable adults,” said Fort Myers Nursing Home Abuse Attorney, Randall Spivey. 

What Are The Types of Abuse? 

Most often abuse victims are thought of as bruised and battered individuals, but physical maltreatment is only one of a number of types of elder abuse, according to MetLife. Generally accepted definitions are: 

• Physical Abuse: The use of physical force causing pain or injury.
• Sexual Abuse: Non-consensual sexual contact of any kind.
• Psychological/Emotional Abuse: The infliction of mental or emotional anguish or pain through verbal or non-verbal acts.
• Neglect: The refusal or failure of an individual to fulfill any part of his or her duties or obligations to an older person, including failing to provide an older person with necessities such as food, shelter, personal safety, clothing, medicine, and needed care. Neglect may also include the failure of a person who has financial responsibilities to provide care, such as paying for needed home care services.
• Financial/Material Exploitation: The act of an individual illegally or improperly using an older person’s resources, including property, funds, and/or other assets. 

Who Are The Victims? 

The Florida Department of Children and Families characterizes the victims of elder abuse as any vulnerable adult, 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. 

Where Does Elder Abuse Occur?  

Elder abuse often happens in long-term care facilities. The California Community Foundation (HelpGuide.org) says that elder abuse can also take place where the senior or vulnerable adult lives in the home where abusers are often adult children, other family members such as grandchildren, or spouses/partners of elders. 

What Are The Warning Signs of Elder Abuse? 

According to the U.S. Department of Health, one sign does not necessarily indicate abuse, but here are some tell-tale signs that there could be a problem: 

• Bruises, pressure marks, broken bones, abrasions, and burns may be an indication of physical abuse, neglect, or mistreatment.
• Unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression may be indicators of emotional abuse.
• Bruises around the breasts or genital area can occur from sexual abuse.
• Sudden changes in financial situations may be the result of exploitation.
• Bedsores, unattended medical needs, poor hygiene, and unusual weight loss are indicators of possible neglect.
• Behavior such as belittling, threats and other uses of power and control are indicators of verbal or emotional abuse.
• Strained or tense relationships, frequent arguments between the caregiver and elderly person are also signs. 

Most importantly, be alert. The suffering is often in silence. If you notice changes in personality or behavior, you should start to question what is going on. 

What Laws Cover Elder Abuse? 

There is no federal law protecting elders from abuse, but all fifty states have adopted laws specifically dealing with elder abuse, neglect, and exploitation, says AgingCare.com. 

Under Florida law, a person who knowingly or willfully abuses an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree. A person may be charged with a third degree offense under Florida law if he/she: 

• Willfully tortures, maliciously punishes, or willfully and unlawfully cages, an elder person or disabled adult; or
• Knowingly or willfully abuses an elder person or disabled adult and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult. 

A person who commits aggravated abuse of an elderly person or disabled adult commits a felony of the first degree if: 

• The caregiver fails to provide care, supervision and the services necessary to maintain the elder person’s or disabled adult’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine and medical services that a prudent person would consider essential for the well-being of the elder person or disabled adult; or 
• The caregiver fails to make a reasonable effort to protect an elderly person or disabled adult from abuse, neglect, or exploitation by another person.  

What To Do If You Suspect Elder Abuse? 

The ElderAbuseCenter.org says that you should call police or adult protective services right away if you suspect that an elder is being abused, neglected, or exploited. You do not need to prove abuse in order to make a report. 

Florida Law requires that any person who knows, or has reasonable cause to suspect, that a vulnerable adult has been or is being abused, neglected, or exploited shall immediately report such knowledge or suspicion to the Florida Abuse Hotline on the toll-free telephone number, 1-800-96-ABUSE (1-800-962-2873).

“Our Nursing Home Neglect Attorneys often find that nursing home neglect is the result of deliberate understaffing. If you suspect that one of your loved ones has been the victim of elder abuse, contact us to determine your rights,” said Attorney Randall Spivey.

Fort Myers Nursing Home Abuse Attorney,  Randall L. Spivey is a Board Certified 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.