Elder Abuse & Nursing Home Negligence Laws in Florida
Highly Experienced Elder Abuse Attorneys in Fort Myers
The National Committee for the Prevention of Elder Abuse (NCPEA) defines elder abuse as any type of negligence or misconduct that causes loss or harm to an older person.
Difficult as it may be to believe, elder abuse is an all-too-common problem in the United States, even in these enlightened times when our senior care providers ought to know better.
Some elder abuse is physical in nature. Other instances involve purely emotional abuse. In most cases, there is an element of financial abuse or swindling as well. Even neglect can constitute abuse in the eyes of law.
Florida entitles victims of virtually any kind of elder abuse to relief. Seniors who’ve been neglected or abused can seek compensation from the wrongdoers and, often, from those who employ them.
Nursing homes and senior care facilities are legally responsible for the safety and well-being of the people they serve. When they subject the elderly to unsafe or unsanitary conditions, mistreatment, social isolation, or medical malpractice, they can be held accountable for their carelessness and cruelty.
Sadly, nursing homes are Florida’s most common sites for elder abuse and neglect. The majority of the nursing homes in our state score substandard satisfaction ratings. As experienced Fort Myers elder abuse attorneys, we have witnessed firsthand the unthinkable injustice that so many of Florida’s seniors have had to endure.
These are our parents and grandparents. They deserve dignity, compassion, and respect. There is never an excuse for elder abuse or neglect. Seniors do have rights, and at Viles & Beckman, LLC, we intend to protect those rights.
This page is designed to help you better understand the elder abuse and nursing home negligence laws in Florida. Remember, though, that every single case is unique, and the outcome is always determined by specific facts and circumstances. Please do not make any decisions that might impact your rights without first talking to our experienced Fort Myers elder abuse attorneys.
Elder Abuse Laws in Florida
Florida has some of the toughest elder abuse laws in the country. In fact, it is mandatory in Florida that you report any known or suspected elder abuse, neglect, or exploitation. Failure to do so is a second-degree criminal misdemeanor under the Florida Adult Protective Services Act.
Any of the following may constitute elder abuse under Florida law:
- Physical assault or battery
- Sexual assault
- Neglect of basic care
- Financial abuse
This is not an exhaustive list. Anything that endangers seniors or denies them dignity or violates their rights may constitute elder abuse.
At Viles & Beckman, LLC, we take elder abuse very seriously. Even if the abuse happens outside of a nursing home, our experienced Fort Myers elder abuse attorneys can help. If you have questions about the elder abuse laws in Florida or how they may apply to you or your loved one, don’t hesitate to give us a call.
Nursing Home Negligence Laws in Florida
Nursing home negligence litigation usually involves a combination of general negligence, premises liability, medical malpractice, and contract law, in addition to specific local, state, and federal rules and regulations.
As with elder abuse, Florida provides extensive protection to victims of nursing home negligence. In fact, where nursing homes are concerned, the issues of negligence and abuse are often intertwined and may overlap.
You should know that every nursing home resident is entitled to certain specific rights in our state.
Additionally, any of the following may constitute a violation of the elder abuse and nursing home negligence laws:
- Medication errors
- Failure to seek emergency medical treatment
- Failure to change bedpans
- Failure to properly prevent, diagnose, or treat illnesses/infections
- Creating conditions that lead to bedsores or infections
- Slip or trip hazards
- Inadequate nursing home security
- Much more
Questions? Our Lawyers Are Here to Help. Schedule a Free Consultation.
Elder abuse is a serious problem in Florida, and it happens more often than most people realize. If your loved one has complained of negligence, cruelty, or extortion, please take their concerns seriously. Report any suspected abuse right away (you can reach the official state hotline by dialing 1-800-962-2873) and then call our office at (239) 334-3933.
Our experienced Fort Myers elder abuse attorneys understand how infuriating and deeply disturbing it is to learn that your loved one has suffered mistreatment or neglect. We will not stand for it. Our office is prepared to aggressively pursue justice, including every last penny that the at-fault parties may owe for their irresponsibility or heartlessness.
To take your next steps, please contact our attorneys online or call (239) 334-3933 and schedule a free consultation with Viles & Beckman, LLC today. We are here to help.