What is Nursing Home Neglect?

In simplest terms, neglect is a failure to provide the necessary care and attention to a resident, leading to physical or emotional harm.

Neglect can include:

• Inadequate hygiene
• Insufficient nutrition
• Lack of proper medical treatment and care

Due to its subtle nature, neglect can go undetected for long periods.

Different Types of Neglect

Neglect in a nursing home can take various forms, including:

Basic Needs Neglect

Failure to provide food, water, or a safe environment. For example:

• A staff member consistently withholds meals or water from a resident for extended periods, leading to severe malnutrition, dehydration, and potential organ failure.
• The nursing home does not fix hazardous conditions, such as exposed writing, cracked sidewalks, or damaged handrails, leading to broken bones and other severe injuries or death for a resident.

Medical Neglect

Failure to provide necessary medical treatment or administer medication properly. For example:

• Nursing home staff members deny a resident with a severe infection proper medical care, leading to sepsis and life-threatening complications.
• A nursing home employee administers a resident’s medication incorrectly, causing a severe allergic reaction or overdose leading to hospitalization or death.

Personal Hygiene Neglect

Failure to assist with bathing, grooming, and other personal care tasks. For example:

• A nursing home employee fails to reposition a bedridden resident regularly, leading to the development of advanced pressure ulcers (bedsores) that become infected and life-threatening.
• Employees of the nursing home ignore a resident’s personal hygiene, leading to an infestation of lice or scabies that causes skin infections and distress among other residents.

Social and Emotional Neglect

Ignoring the resident’s emotional well-being and isolating them from social activities. For example:

• A resident suffering from dementia is consistently left alone and unattended for extended periods, leading to emotional trauma and an increased risk of wandering off, self-harm, or injury.
• A resident is subjected to ongoing verbal abuse or emotional abuse by staff members, leading to severe depression, anxiety, and a decline in overall health.

The Florida Nursing Home Residents’ Bill of Rights

Florida’s Nursing Home Residents’ Bill of Rights, outlined in Chapter 400 of the Florida Statutes, safeguards the well-being of residents and outlines their rights, including the right to:

1. Be treated with dignity and respect
2. Be free from abuse and neglect
3. Access proper medical care
4. Have their personal property protected
5. Participate in social activities and programs
6. Choose their own physician
7. Voice grievances without retaliation

Why Neglect is a Crime According to Florida Law

Legal Duty of Care

Florida nursing homes have a legal obligation to provide a specific standard of care to their residents. This duty of care is established under Florida’s Nursing Home Residents’ Bill of Rights as indicated above and other relevant statutes.

When a nursing home fails to meet this standard of care, it breaches its legal duty, which can lead to criminal charges.

Florida law considers the abuse, neglect, or exploitation of vulnerable adults as a crime under Section 825.102 of the Florida Statutes. Florida law strives to protect this vulnerable population from harm and ensure their safety and well-being by criminalizing neglect.

Criminal Penalties for Neglect

Florida law imposes strict penalties on nursing homes found guilty of neglect. Depending on the severity of the neglect and the harm caused to the resident, a nursing home or its staff members can face criminal charges ranging from misdemeanors to felonies.

What to Do If You Suspect Abuse in a Florida Nursing Home

1. Document Your Concerns: Keep detailed records of any signs or incidents of suspected abuse, including dates, times, descriptions of what you observed, and any conversations with staff or management.
2. Report Nursing Home Abuse: Contact the Florida Department of Elder Affairs Abuse Hotline to report your concerns and initiate an investigation by the appropriate authorities.
3. Speak with the Nursing Home Administrator: Express your concerns directly to the nursing home’s administrator and request immediate action to ensure the safety and well-being of the residents.
4. Seek Medical Attention: If a resident is injured or in immediate danger, ensure they access prompt medical attention and care for their injuries. Document medical records and medical expenses.
5. Consult Experienced Nursing Home Abuse Lawyers: Consider seeking legal advice from an experienced nursing home abuse law firm. An elder abuse attorney can help you protect the rights of the resident and pursue legal action against the responsible parties.

Pursuing a Nursing Home Neglect Case in Florida

If you believe a loved one is experiencing abuse or neglect as a nursing home resident, know that you have options. Under Florida law, you have the right to engage a law firm or nursing home abuse attorney to guide you through the legal process if you suspect any mistreatment. In extreme cases of mental abuse and severe physical injuries, your family member may be relocated to another nursing home for their safety and your reassurance until the matter is resolved.

Unconfronted nursing home abuse or neglect can quickly escalate into life-threatening and even wrongful death outcomes. Whenever you have concerns about the legal aspects of nursing home care, it’s wise to consult a nursing home abuse lawyer.

Florida law punishes nursing home abuse and neglect. As an experienced nursing home abuse law firm, we will work with you to address and rectify any potential violations of your loved one’s fundamental rights.

Statute of Limitations

If you suspect neglect, the right thing to do is consult a nursing home attorney right away. The Florida statute of limitations for pursuing a nursing home abuse or neglect case against nursing facilities is two years from the date of discovery of the abuse or neglect or the date that the plaintiffs should have discovered the elder abuse and nursing home negligence. Regardless, no more than four years can pass before filing a claim.

Wrongful Death Claims and Nursing Home Abuse

Sadly, in a nursing home setting, physical abuse not only inflicts serious injuries, but often causes wrongful death. When family members confront this horrific reality, it’s natural to feel overwhelmed by anger, grief and even guilt. A nursing home abuse attorney can discuss your options for filing a wrongful death lawsuit against the nursing home.