If you admit a loved one into a nursing home in Florida, you can typically expect the staff to take care of them and treat them well. However, caregivers may sometimes fail to meet the standard of care expected of them. When this happens, families often question whether or not the staff is responsible for abuse, or if the facility itself was neglectful with the people under their care.
Florida law treats both nursing home abuse and neglect seriously, but differently. It is important to familiarize yourself with what factors distinguish the two.
What distinguishes abuse and neglect in nursing homes?
Though nursing home abuse and neglect are similar in that they both involve staff violating the rights and trust of the people under their care, resulting in physical, emotional or mental harm. Abuse typically involves intentional acts that cause harm, fear or both. On the other hand, neglect refers to a caregiver’s inability to provide adequate care or supervision. Common examples of both include:
- Examples of abuse: Hitting, rough handling, sexual misconduct, threats, intimidation, misuse of restraints, taking money or property
- Examples of neglect: Missed medications, dehydration, the lack of cleaning or showering, untreated bedsores, unsafe transfers, failure to prevent falls, ignoring call lights
It is also possible to see the differences in how caregiver abuse or neglect manifests. While abuse often leaves injuries, bruises or signs of trauma, telltale signs of neglect include weight loss, infections or poor hygiene.
Under Florida Statutes Chapters 400.022 and 400.023, residents of Florida have legal protection from both abuse and neglect. These statutes grant them rights and allow them to file lawsuits against a nursing home if a caregiver ever violates these rights.
What can you do if you suspect a loved one is experiencing nursing home abuse or neglect?
If you or your family suspect that a loved one in a nursing home is a victim of either abuse or neglect, it is important to start taking notes. Documentation is essential as it can serve as proof when filing a lawsuit. Be sure to write down dates, symptoms and the names of the staff responsible for taking care of the victim. If you can, take photographs of visible injuries and ask for care plans and medication records.
After compiling evidence, you can file a report with the Florida Agency for Health Care Administration and the Florida Abuse Hotline. Many people also consult legal professionals for guidance. By speaking with an attorney, people can deepen their understanding of what rights victims of nursing home abuse and neglect have, as well as what kind of compensation they can expect to receive.