When Your Loved One Is Not Being Properly Cared For, You Deserve to Know Why
When you place a loved one in a nursing home, you expect them to receive appropriate care, attention, and respect.
Unfortunately, abuse and neglect can happen when a facility or its caregivers fail to provide the care a resident needs. Because many nursing home residents have difficulty communicating or may be unable to report what is happening, signs of abuse or neglect can sometimes go unnoticed.
Unexplained injuries, repeated falls, pressure injuries, dehydration, malnutrition, medication problems, poor hygiene, sudden behavioral changes, and untreated medical conditions may all warrant further investigation.
Florida law provides nursing home residents with specific rights, including the right to be free from physical and mental abuse, sexual abuse, neglect, exploitation, unauthorized restraints, and other forms of mistreatment.
If you believe a nursing home or caregiver has harmed someone you love, Diez-Arguelles & Tejedor can investigate what happened and help you understand your legal options.
Call (407) 705-2880 for a confidential consultation.
Diez-Arguelles Tejedor stands up for families whose loved ones have suffered abuse, neglect, or inadequate care in a nursing home. Our attorneys are committed to protecting your loved one’s rights, investigating what happened, and helping your family pursue the compensation needed to address the harm they have suffered.
Call (407) 705-2880 to learn how we can help.
Signs of Nursing Home Abuse or Neglect
Family members are often the first to recognize that something has changed.
Warning signs can include:
- Unexplained bruises, cuts, burns, or other injuries
- Repeated falls or unexplained fractures
- Bedsores or other pressure injuries
- Dehydration or sudden weight loss
- Malnutrition
- Poor personal hygiene or unsanitary conditions
- Medication errors or unexplained medication changes
- Untreated wounds, infections, or other medical conditions
- Frequent or unexplained hospitalizations
- Sudden changes in behavior or personality
- Fear or anxiety around particular caregivers
- Sexual abuse or inappropriate sexual contact
- Missing money or personal property
- A sudden or unexplained decline in physical condition
One sign alone does not necessarily establish abuse or neglect. However, unexplained or recurring problems should not be ignored.
Common Types of Nursing Home Abuse and Neglect
Physical and Mental Abuse
Abuse can include intentionally causing physical or psychological harm to a nursing home resident. Florida law specifically protects residents from physical and mental abuse. Florida Statutes § 400.022
Sexual Abuse
Nursing home residents have the right to be free from sexual abuse and exploitation. Allegations involving inappropriate sexual contact or other sexual misconduct should be taken seriously and investigated promptly.
Neglect
Neglect may occur when a facility or caregiver fails to provide the care, supervision, or services necessary to protect a resident's health and well-being.
Examples can include failing to provide adequate food or fluids, failing to administer necessary medication, failing to respond to changes in a resident's condition, or failing to provide appropriate supervision.
Falls and Fractures
Falls can be particularly dangerous for older adults and may result in broken hips, head injuries, hospitalization, or permanent disability.
A fall does not automatically mean that a nursing home was negligent. An investigation may need to determine whether the facility knew or should have known about the resident's fall risk and whether appropriate precautions and supervision were provided.
Pressure Injuries and Bedsores
Residents with limited mobility may be vulnerable to pressure injuries. Depending on the resident's condition and care needs, appropriate prevention and treatment may be necessary.
A serious or worsening pressure injury may warrant an investigation into the care provided by the facility.
Dehydration, Malnutrition, and Medication Errors
Nursing home residents may depend on caregivers for food, fluids, and medications. Failures involving nutrition, hydration, or medication can cause serious complications, particularly for residents who cannot manage these needs independently.
Financial Exploitation
Abuse does not always involve physical injuries. Vulnerable adults can also be victims of financial exploitation, including the unauthorized taking or use of money or property.
When Is a Nursing Home Injury Negligence?
Not every injury that occurs in a nursing home is the result of negligence.
The important question is whether the facility or caregiver failed to provide the care required under the circumstances and whether that failure caused or contributed to the resident's injury.
An investigation may examine:
- The resident's medical history and condition
- The resident's care plan
- Known fall or injury risks
- Nursing and medication records
- Whether appropriate supervision was provided
- Whether changes in the resident's condition were recognized and addressed
- Whether facility policies and procedures were followed
- What the facility knew about previous incidents
- Whether appropriate medical treatment was provided
Florida's Nursing Home Residents' Rights Act provides specific protections for residents and establishes a civil cause of action for certain violations and negligent care. Florida Statutes § 400.023(opens in new tab)
How We Investigate Nursing Home Abuse and Neglect
Nursing home cases can require a detailed review of records and evidence that may be in the possession of the facility.
Our investigation may include reviewing:
- Medical and hospital records
- Nursing notes
- Medication administration records
- Care plans
- Fall-risk assessments
- Incident reports
- Photographs of injuries or living conditions
- Communications between the facility and family
- Facility policies and records
- Staffing information
- Witness accounts
- Other evidence concerning the resident's care
The goal is to establish what happened, what the facility knew, what care the resident required, and whether the failure to provide appropriate care caused or contributed to the injury.
What Should You Do If You Suspect Abuse or Neglect?
If you are concerned about the safety of a loved one in a nursing home, take the situation seriously.
If your loved one is in immediate danger or needs emergency medical treatment, obtain emergency assistance first.
Otherwise, consider documenting injuries or concerning conditions, taking photographs when appropriate, requesting relevant records, and asking the facility for an explanation.
Florida law also provides mechanisms for reporting suspected abuse, neglect, and exploitation of vulnerable adults. Florida Statutes § 415.1034(opens in new tab)
If your loved one has been injured, an attorney can investigate whether the facility or another responsible party may be legally liable.
Florida Nursing Home Abuse Claims Have Specific Requirements
Nursing home negligence and resident-rights claims are governed by specific provisions of Florida law.
For claims covered by Florida's Nursing Home Residents' Rights Act, the law provides a presuit process that generally requires written notice to each prospective defendant before a lawsuit can be filed. Florida law generally requires a 75-day waiting period after the notice is mailed while the prospective defendant or insurer evaluates the claim. Florida Statutes § 400.0233
Florida also generally provides a two-year deadline for bringing an action for damages under these nursing home provisions, with a general four-year outside limit and certain statutory exceptions. Florida Statutes § 400.0236(opens in new tab)
Because the applicable deadline and presuit requirements can depend on the circumstances, it is important to have a potential claim evaluated promptly.
When Nursing Home Neglect Leads to Death
In some cases, abuse or neglect can contribute to a resident's death.
When that happens, the circumstances may support a wrongful death claim in addition to other potential claims arising from the resident's care.
The rights of surviving family members and the estate depend on the specific circumstances of the death and the applicable Florida law.
If you have lost a loved one after suspected nursing home abuse or neglect, our attorneys can investigate the circumstances and explain your family's legal options.
Our Experience With Nursing Home Injury Cases
Diez-Arguelles & Tejedor has represented families in cases involving serious injuries to nursing home residents.
The firm's reported results include:
$750,000 – Nursing Home / Hematoma From Fall
$650,000 – Nursing Home / Broken Hip
These are examples of past results and do not guarantee a similar outcome. Every case is different and depends on its individual facts and circumstances.
You Know When Something Has Changed
You may notice that your loved one is suddenly losing weight.
You may see an injury that the facility cannot adequately explain. You may notice that your parent seems frightened, withdrawn, or physically different from the last time you visited.
You know your loved one.
If something does not seem right, you deserve answers.
Diez-Arguelles & Tejedor can investigate the circumstances surrounding your loved one's care and help determine whether abuse, neglect, or negligence may have occurred.
If you are concerned about a loved one's safety or care in a nursing home, call (407) 705-2880 for a confidential consultation.
Serving injured individuals and families throughout Orlando and across Florida. Call Diez-Arguelles & Tejedor at 1-888-888-3773 to discuss your legal options in a free consultation.
Frequently Asked Questions
Nursing home abuse can include physical or mental abuse, sexual abuse, exploitation, and other conduct that harms or threatens the well-being of a resident. Florida law specifically protects nursing home residents from abuse, neglect, exploitation, unauthorized restraints, and other forms of mistreatment. Florida Statutes § 400.022(opens in new tab)
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