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There are more than 55 million people aged 65 and older in the United States, and 25% of them live in just three states: Texas, California, and Florida, our home state.
With so many senior citizens, it makes sense that Florida would have more nursing homes than almost any other state. But quantity of care facilities unfortunately does not always equate to quality, and Florida recently ranked just 43 out of 51 states on the AARP’s latest Long-Term Care Scorecard.
Florida is certainly not alone in needing to make improvements to its nursing home facilities and practices around long-term care. However, if you have a loved one in a Florida nursing home, it’s important to be aware of one issue that’s become increasingly common throughout the state: nursing home abuse and neglect.
Between 2012 and 2018, Florida averaged about 32 severe abuse or neglect violations in nursing homes per year. In 2019, this number jumped to 81 violations. Understanding what these violations look like, including how they differ from one another, is necessary for protecting your loved one, and can help you know if and when it’s time to seek out legal support.
So what is nursing home abuse and neglect and how do the two terms differ from a legal standpoint? Here’s what to know.
What is Abuse in a Nursing Home?
Nursing home abuse is defined as any injury that is intentionally inflicted on a nursing home patient. This includes physical injuries as well as injuries of a mental, emotional, sexual, or financial nature.
Examples of nursing home abuse include:
- Rough handling and/or use of physical force
- Verbal threats
- Unwanted touching and/or sexual contact
- Use of physical or chemical restraints
- Harassment and/or attempts at humiliation
- Misusing or stealing money from a resident
There are two notable factors at play when it comes to nursing home abuse. One, the action causes harm; and two, the action is performed willfully. In the instances mentioned above and other instances of abuse, legal recourse is a must for holding at-fault parties accountable.
What is Neglect in a Nursing Home?
Nursing home neglect refers to any maltreatment that involves the failure or outright refusal of a caregiver to perform the duties essential for a patient’s well-being.
Examples of neglect in a nursing home include:
- Failing to meet a patient’s personal hygiene needs
- Ignoring patients and/or keeping them isolated
- Leaving patients in an unclean and/or unsafe environment
- Failing to provide adequate food or water
- Failing to follow medical treatment protocols
Neglect in a nursing home can be intentional or unintentional, and tends to happen more frequently than outright abuse.
2 Key Differences Between Nursing Home Abuse and Neglect
If your loved one is being harmed in a nursing home, you probably don’t care much about the legal definition behind it – you just want them to be safe. However, there are a couple distinctions between nursing home abuse and neglect that play a role in how these cases are approached legally and what sorts of recourse you and your family may have available.
Difference #1 – Intentionality: Nursing home abuse involves harm through deliberate actions, while nursing home neglect involves harm through failure to provide necessary care.
Difference #2 – Types of Harm: Abuse in a nursing home is defined by active harm, such as hitting or verbal assaults, while neglect is defined by passive harm, such as lack of food or adequate medical care.
What to Do If You Suspect Abuse in a Nursing Home
Nursing home abuse is never okay. If you notice signs of abuse such as unexplained injuries or emotional withdrawal, you should take action right away.
Key steps to take after suspected abuse in a nursing home:
- Contact the facility and discuss your concerns
- Report abuse to the Florida Department of Elder Affairs (1-800-962-2837)
- Get in touch with an attorney who specializes in nursing home abuse
Under Florida Statute 400.023, victims of nursing home abuse may be entitled to compensation for their injuries. This can be accomplished through a civil lawsuit filed by the resident, their guardian, a personal representative of the resident, or a person or organization acting with the consent of the resident.
As nursing home abuse attorneys, we’ve helped families throughout Florida hold caregivers and long-term care facilities accountable for their harmful actions. This includes recovery of economic, non-economic, and punitive damages directly related to the abusive action(s).
We are always here to help. If you suspect nursing home abuse or neglect, please contact our firm today for a free case evaluation and an overview of your legal options.
