Nursing home abuse is the mistreatment of older adults, by healthcare staff, in an assisted living facility. This mistreatment typically results in vulnerable adults experiencing physical harm, emotional trauma, and a diminished quality of life. Given the trust placed on healthcare professionals caring for our elders, discovering abuse or neglect can be deeply jarring. Unfortunately, 64.2% of staff in long term care facilities reported perpetrating some form of abuse. If you or a loved one has experienced any form of nursing home abuse, it is crucial that you seek the services of a skilled attorney. A nursing home abuse attorney will navigate the legal process of pursuing compensation and ensure that justice is served. By holding the responsible parties accountable, you will receive the remedies needed to combat the abuse and move toward recovery, while also preventing the abuse of others. 

Florida Statute 400.022 mandates that nursing home facilities must adopt, publicize, and adhere to a comprehensive set of residents’ rights. These rights ensure that nursing home staff respect the civil, religious, and personal liberties of residents. Key protections include the right to private communication, visitation, and the ability to present grievances without fear of retaliation.

Residents are also entitled to:

• • Manage their own finances. 
  • Receive adequate health care. 
  • Participate in medical decision-making. 
  • Live free from mental and physical abuse, including improper use of restraints. 
  • Be fully informed about their medical condition, treatment options, and any changes to their care. 
  • Maintain privacy and dignity in all personal and medical matters. 

To ensure compliance with these protections, nursing home licensees must inform residents and staff of their rights, provide comprehensive staff training, and conduct regular inspections. Staff must clearly communicate these rights to residents both orally and in writing at the time of admission and throughout their stay. This transparency ensures that residents are fully aware of their entitlements and protections, empowering them to advocate for themselves and seek help if their rights are violated. Unfortunately, these rights are not always disclosed to residents, leading to tragic outcomes. Therefore, it is crucial to be vigilant for signs of nursing home abuse to protect your loved ones. 

Taking Legal Action Against Your Nursing Home 

Florida Statute 400.102 provides the legal framework for holding nursing homes accountable for misconduct and negligence. This statute allows legal action to be taken if there are intentional or negligent acts that significantly impact the health or safety of residents. Key areas covered by this statute include: 

Fraudulent Records

Altering or falsifying medical or nursing home records. 

Nursing home abuse can manifest in various forms, each causing significant harm to vulnerable residents. Understanding the different types of elder abuse is crucial for identifying and preventing these heinous acts. Below are the various forms of abuse residents can encounter in assisted care facilities. 

Sexual abuse in nursing homes involves any non-consensual sexual contact or intercourse with elderly residents. This form of abuse is a grave violation of the resident’s dignity and personal integrity, often leading to severe emotional and psychological trauma. Examples of sexual abuse include: 

• Unwanted Touching: Any form of non-consensual physical contact, such as groping or fondling. 

• Sexual Assault: Forced or coerced sexual acts, including intercourse, that the resident did not consent to. 

• Coerced Nudity: Forcing residents to undress or exposing them against their will. 

• Photographing Residents Naked: Taking inappropriate photos of residents without their consent, violating their privacy and dignity. 

• Sexual Harassment: Making sexual comments, gestures, or advances that make the resident feel uncomfortable or threatened. 

• Exposing Residents to Pornographic Material: Subjecting residents to pornographic content without their consent. 

Sexual abuse can lead to a range of negative outcomes, including anxiety, depression, and post-traumatic stress disorder (PTSD). It is crucial for families and caregivers to be vigilant for signs of sexual abuse, such as unexplained injuries to private areas, sudden changes in behavior, or expressions of fear around certain staff members. If you suspect sexual abuse, it is vital to seek legal assistance immediately to ensure the resident’s safety and hold the perpetrators accountable. 

Financial exploitation is a form of abuse in nursing homes where caregivers or others in a position of trust manipulate or steal the financial resources of elderly residents. This exploitation can severely impact the financial stability and overall well-being of the elderly, often leaving them without the means to support themselves. Examples of financial exploitation include: 

• Theft of Assets: Stealing money, jewelry, or other valuable possessions from residents. 

• Unauthorized Use of Funds: Using a resident’s bank account, credit cards, or other financial resources without permission for personal gain. 

• Fraudulent Charges: Billing residents or their families for services that were not provided or were unnecessary. 

• Identity Theft: Using the resident’s personal information to open credit accounts, apply for loans, or engage in other fraudulent activities. 

• Coercion to Change Legal Documents: Forcing or manipulating residents to alter their wills, trusts, or powers of attorney to benefit the abuser. 

• Deceptive Investment Schemes: Convincing residents to invest in fraudulent or risky ventures that deplete their savings. 

 Recognizing the signs of financial exploitation is crucial for protecting the elderly. Warning signs include unexplained withdrawals from bank accounts, missing personal items, sudden changes in financial habits, and the appearance of new, unexplained debt. 

Neglect is the failure to provide necessities like food, hygiene, medical care, and safe living conditions. This form of abuse can severely impact the health and well-being of nursing home residents, leading to malnutrition, dehydration, infections, and untreated medical conditions.  

Examples of neglect in nursing homes include: 

• Unsanitary Conditions: Leaving residents in dirty or unsafe environments, which can lead to infections and other health problems. 

• Improper Medication Administration: Mistakes in medication administration, whether accidental or deliberate, can cause serious health issues and may constitute abuse. 

• Ignoring Health Issues: Failing to address or properly treat health problems, leading to deterioration in the resident’s condition. 

• Elderly Abandonment: Abandoning an elderly person, such as leaving them at a public place or hospital without arranging proper care, puts them at significant risk and causes distress. 

The statute of limitations for nursing home abuse cases give you two years to file a claim from the moment the abuse is discovered. If you suspect or discover that a loved one has been abused in a nursing home, it’s essential to act quickly and consult with a nursing home abuse attorney. Prompt legal action can help secure the necessary evidence and build a strong case to seek justice and compensation for the abuse suffered. Moreover, the personal injury attorneys at The Law Offices of Scott Senft work on a contingency plan, meaning you don’t pay an upfront fee. If we attain a settlement on your behalf, our small, pre-approved percentage is deducted to pay for our services.  

With over thirty years of experience in personal injury, Scott Senft and his team possesses the knowledge to handle complex types of nursing home abuse. If you have any questions regarding abuse in a nursing home or health care facility, don’t hesitate to call our offices for more information. An attorney is available at any time for a free consultation.  After identifying nursing home abuse, it is important to act fact as personal injury claims fall under a statute of limitations.