Florida Injury Lawyer Blog

More than 36 million Americans are currently over the age of 65. By the year 2050, that number will increase substantially to 86.7 million. Although many senior adults require assisted living programs, special care or nursing home care, though, the licensing and monitoring of these programs has not kept pace with the greying of the population. Although there are many wonderful nursing homes and assisted living programs in Florida and across the country, there are also some care homes and facilities that offer poor medical care, untrained or abusive staff, and unsafe environments.

Instances of nursing home and elder abuse are especially tragic because not all elderly persons are easily able to communicate with friends and family. This makes them especially vulnerable to abuse and neglect and allows such behaviour to continue undetected. Also, some elderly persons have medical conditions that make them especially vulnerable to slip and falls accidents, broken bones, brain injuries, spinal cord injuries, hip fractures, and other injuries.

Although it is estimated that one million elderly Americans are victimized in nursing homes or assisted living programs each year, experts admit that estimating the numbers is very difficult because so many cases are never detected or reported. Elderly citizens are most vulnerable to neglect, which is also the most common form of negligence and abuse. However, instances of physical, mental, financial and emotional abuse as well as medical under-treatment are also depressingly common. In the most severe cases, abuse and neglect can lead to fatalities or permanent injury.

Although not every instance of nursing home and elder abuse can be foreseen and prevented, experts agree that there are many things that concerned family members and friends can do to prevent this problem:

1) Select a facility very carefully. Many cases of nursing home and elder abuse occur due to poor facility management, poorly trained staff or other preventable problems. In many cases, there are red flag signs that a facility has problems but many family members do not notice this. When selecting a care facility for an elderly loved one, ask lots of questions, drop in during visiting hours unannounced a few times and ask for thorough tours of the facility. Check references, credentials and polices carefully to ensure that your loved one will get good care. Trust your instincts – if you are hearing the right things but something seems “off,” keep looking.

2) Maintain vigilance. Even if you select the best facility possible, nursing home and elder abuse can still occur. Some excellent facilities may acquire new staff, management or develop new policies that affect care. Some facilities – even excellent ones – may overlook issues that affect your loved one. Sadly, nursing home and elder abuse can occur in any facility – even the best. Visiting your loved one regularly and checking up on the facility regularly are a must.

Continue reading "Putting a Stop to Florida Nursing Home And Elder Abuse" »

In Florida, high heat in the summer can mean safety issues. In the summer, most emergency rooms see a rise in water and heat-related injuries, and an increase in outdoor accidents. In many cases, these common Florida problems can easily be avoided. On hot days, heat cramps, heat exhaustion and heat stroke are the common problems.

Most people can stay cool quite easily, but the elderly are at risk. The elderly may need additional help in staying cool and hydrated on hot days, but nursing home and elder abuse inevitably means that some elderly Florida residents are neglected or left in warm conditions, which can be quite dangerous.

There are several tips that help keep elderly loved ones stay safe:

1) Reduce the possibility of heat cramps by ensuring that an elderly loved one stays hydrated and consumes enough sodium. Extra water intake on a hot day and a good diet are often sufficient. Keeping loved one in a cool place and allowing them to rest on hot days is important.

2) Eliminate the risks of heat exhaustion. Heat exhaustion can be serious. It can include sweating; fatigue; moist, pale skin, nausea; disorientation, a rapid pulse and fainting. Heat exhaustion can lead to slip and fall accidents. Again, keeping a loved one cool and comfortable is important to prevent heat exhaustion. Make sure that your loved one is not left out in the sun and make sure that he or she gets enough liquids and food.

3) Watch out for heatstroke. Heatstroke can be fatal. Symptoms are the same as that of heat exhaustion, but it addition to those symptoms a patient will often have a fever, hot and dry skin, breathing difficulties, rapid heartbeat, and constricted pupils. This illness can lead to seizures and loss of consciousness. If you suspect heatstroke in an elderly loved one, call 911 immediately.

4) Check on care facilities often. If your loved one is in a care facility, visit often to ensure that your loved one is not left outside. Look for signs of nursing home abuse and negligence and act quickly to prevent illness. Your loved one should be able to access a cool, shaded room at all times and should have cool sleeping conditions at all times. Make sure that your loved one is not left outdoors in the hot weather. Look for red flag signs such as sunburns. Ensure that your loved one is dressed in light clothing during the summer months and can wear a hat outdoors. Make sure that he or she drinks plenty of water and maintains a good appetite to replace electrolytes.

Elderly abuse is caused by number of factors, but one of the most common factors has to do with caretakers who are unable or unwilling to take care of an elderly love one. Even in families where there's a lot of love and caring, the burden of suddenly having to take care of an extra person can create resentment, frustration, and eventually, in some situations, these feelings can lead to an abusive or neglectful relationship.

Some families feel as though they have no where to turn when they need help with an elderly loved one, and this feeling of entrapment can cause relationship breakdowns that can cause a caregiver to lash out. In cases where an elderly love one needs a lot of assistance or a lot of care, and in cases where a family relationship is already marked with strife, a good local nursing home or elder care facility can help prevent elder abuse in a number of ways:

1) By providing closer care. No matter how well-intentioned a family is in caring for an elderly loved one, most families do not have the organization, the staffing, or the presence required to prevent accidents such as slip and fall accidents, broken hips, and other accidents. A good local nursing home can provide around-the-clock care and ensures fewer accident opportunities. Closer care can also help prevent accidents caused by negligence.

2) By allowing family members to take breaks. In cases where abuse takes place between a caregiver and an elderly victim, stress and frustration on the part of the caregiver is often a key contributor to the abuse. Because local nursing homes are able to spread out duties over several staff members, each individual staff member is not stressed, and this allows them to provide good care and patience as well as understanding. In turn, the loved one’s family is allowed to have a break from care giving, which allows visits to be loving and calm.

3) By providing medial care. A local nursing home can provide medical attention, emergency attention, and medical care not accessible in most private homes. In the event of a sudden accident, such as a heart attack, spinal cord injury, broken bone, or other emergency requiring immediate care, family members may not know what to do to take care of an elderly loved one. In contrast, qualified staff at a good local nursing home often do have the medical training to react quickly. This can help ensure that an elderly loved one does not suffer from negligence or other problems that can result from tardy medical care. Plus, trained staff at local nursing homes can often spot signs of abuse promptly and can react quickly to stop abuse.

4) A local nursing home provides a peer group for an elderly loved one. In many cases, elder abuse occurs and continues because an elderly person is isolated. When an elderly person is cared for in a private home by family members or other caretakers, that elderly person may not often leave the house or spend time with friends outside of the home. This can allow abuse to occur and to go undetected for a long time. In contrast, elderly patients at good local nursing homes often take part in groups, activities, and are given the opportunity to socialize with other members of the nursing home community. This helps ensure a more active life that can also help prevent abuse.

Research has consistently proven that substance abuse is often a very significant contributing factor to elder abuse. Whether it is the victim or the perpetrator with a substance-abuse problem, addictions can definitely lead to elder abuse. Researchers, for example, have shown that people who have substance-abuse problems may target elder family members for financial exploitation and fraud in order to support a substance-abuse problem. In some cases, perpetrators have moved into an elder person's home in order to operate a drug trafficking or drug use lifestyle.

In cases where elder abuse is perpetrated by a spouse, alcohol abuse or other substance abuse can contribute to the problem. An abusive spouse may rationalize their abuse through the use of drugs and alcohol. Drugs and alcohol can also lower inhibitions and make someone more likely to be violent.

Caregivers with substance-abuse problems can also be a severe problem. Caregivers who are under stress as a result of providing care for an elderly person may turn to drugs or alcohol as a way of coping with their feelings and their stress levels. This can make them sloppy neglectful of their charges, and can also make them more likely to lash out at the elderly person that they may view as a “burden.” Caregivers may also force or compel an elderly person to take drugs or alcohol in order to make that person more passive and therefore easier to care for. In some cases the motives are even more sinister -- a caregiver may hope that an elderly person is passive so that they become easier to exploit financially.

Elderly persons who have a drug or substance-abuse problem may also be at increased risk for self neglect. Elderly people who do have a substance-abuse problem may be less likely to turn to someone for help if they are the victim of abuse. Plus, someone who has a substance-abuse problem at an elderly age can be far more vulnerable, especially if they rely on someone else in order to procure drugs or alcohol for them. The person procuring the drugs or alcohol can easily take advantage of an elderly person, who is doubly vulnerable will because of their addiction. Since alcohol and drugs can affect mobility, elderly persons with substance abuse problems may be at risk of slip and fall accidents, which can lead to spinal cord injuries, brain injuries, and other serious injuries. Some medications can also react with alcohol and recreational drugs, so persons taking medication for a condition can complicate their conditions through a substance abuse problem.

Elderly persons may take drugs or alcohol in order to cope with abuse or other difficult situations. Unfortunately, seniors with addictions can create problems for themselves. Substance abuse can estrange these seniors from their families and can create conflicts with caregivers and family members. This can encourage abuse or can ensure that abuse continues, simply because the elderly person has no one to turn to.

Continue reading "Substance Abuse And Florida Elder Abuse" »

In many cases, Florida elder abuse is caused by caregivers. In some cases, stress or other problems cause a caregiver to not provide the level of care and elder person may require. There are fortunately many things that families and caregivers alike can do to help reduce elder abuse from ever happening. This is especially important in cases where an elderly person needs a caregiver because they cannot care for themselves. If an elderly person cannot care for themselves, an abusive or neglectful caregiver can allow an elderly person to slip and fall or to sustain life-threatening personal injuries.

One thing that families can do is to ensure that caregivers are well selected. If a professional caregiver or medical professional is needed to take care of an elderly loved one, a background check should be run to ensure that the person is qualified and has a good record of taking care of elderly people. Family and concerned friends should stay involved in the elderly person’s care, dropping by frequently and keeping communication good with the caregiver. That way, any signs of stress or distress on either the part of the caregiver or the elderly person can be duly noted and family can react before elder abuse becomes a problem.

Caregivers and family members themselves can help prevent elderly abuse by making sure that they do not have any of the factors that can lead to an abusive relationship. Caregivers who fear that they will become violent and caregivers who have low self-esteem are at greater risk of committing elder abuse. Caregivers who don't have enough support or help from others or those who view care giving as a type of burden may also be more like to act in a less than loving way.

Caregivers who feel trapped by taking care of elderly family members as well as other family members can also be at risk. Anyone who's providing care giving services will also want to make sure that they are not experiencing depression, anxiety, or symptoms of feeling burnt out. These can all contribute to abuse. It is also important is that the caregiver resolve any previous anger or bad relationship with the elderly person before taking care of that person. Old problems may resurface in an abusive way when an older person becomes dependent on the caregiver.

Is caregivers notice any of these possible problems, they can help prevent elder abuse by getting help. Using support groups, an adult day care, home delivered meals, additional support care, and other services can help reduce the stress that comes with care giving. This can be crucial in preventing abuse. Caregivers can also keep a journal to recognize triggers, or those things which cause them anxiety and stress. Avoiding these triggers can help prevent potentially explosive situations.

Caregivers and family members also need to ensure that they take care of themselves. Good nutrition, relaxation, and good exercise can help caregivers have the strength and resources to take care of elderly loved ones without stress. Those caregivers who have a hard time taking care of themselves may wish to hire attendants, homemakers, support workers, or other assistants to help them. If money is a factor, public assistance is available for caregivers.

When people think of elder abuse, they often assume that it is always something that is perpetrated by someone else. They assume that elder abuse always has a clear perpetrator and a clear victim. This is not always the case. In fact, some cases of abuse stem from self-neglect. The elderly can harm themselves by not taking care of themselves. For example, the elderly may avoid eating, may avoid going to the doctor for needed care, and may avoid using their heating system or doing other necessary things in order to stay safe and healthy. In extreme cases, self-neglect can lead to serious personal injuries, serious medical conditions, slip and fall accidents, and even death.

Unfortunately, while self-neglect is a type of elder abuse, it often goes undetected and unaddressed. In many cases, elders living alone can neglect themselves and have no one notice the neglect. In other cases, elder abuse becomes more complicated, when family and friends allow self-neglect to take place or actually remain unaware that it is taking place.

In Florida, where there is a high population of snowbirds and elders, self-neglect is a serious problem. Unfortunately, it is also very difficult problem with no clear solutions. On one hand, families do not want to take away an older person’s independence. In fact, taking away someone’s dependence can sometimes be very harmful to their self-esteem. At the same time, families may not know when to intervene. Some self-neglect doesn't cause serious harm, while other types can be dangerous. Determining what type of self-neglect a family is dealing with -- and what to do about it -- can be very challenging.

There are professionals and agencies that can help families determine whether self-neglect is a problem. And elder person's doctor can also be an excellent person to speak with about potential self-neglect. Seeking support is often the first step to ensuring that self-neglect does not continue and become a form of abuse.

Of course, while self-neglect is a serious problem, abuse by others still is a problem in Florida and other states. If you suspect that an elderly person is being abused by a caretaker, family member, spouse, or other person, you must report this to your local agency. You may also want to seek legal help to help ensure that the vulnerable adult gets the help they need to stay safe.

Continue reading "Florida Elder Abuse Is Not Always Caused By Someone Else" »

As our population ages, and as more people live longer, elder abuse has become a true problem. It is estimated to that for every case of elder abuse and neglect which is reported to the authorities, there may be as many as five cases or more which remain unreported and therefore not part of the statistics. Research has shown that those who are abused not only suffer greatly, but also tend to die earlier than those who are not abused, even in cases where no serious conditions are factor. Abuse simply creates a terrible emotional and physical burden that can lead to illness and death. Of course, abuse can also lead to life-threatening conditions and injuries, including brain injuries, broken limbs, burn injuries, and other trauma.

Many people mistakenly believe that elder abuse is mainly a problem in elder care facilities and nursing homes. This is not the case. Recent studies show that much elder abuse and neglect takes place in the home. In most cases, elderly persons know their abusers, who tend to be household members, family members, or paid caregivers in the home. Since the vast majority of the elderly live either on their own or in a home with family, elder abuse by family and in-home caregivers is in fact quite prevalent.

One problem with elder abuse that makes it so difficult to stop and prevent is the fact that elder abuse is not always as obvious and as clear-cut as people assume. In many cases, the abuse is subtle, and the elderly person may not even be aware that abuse is taking place. In fact, in many cases, even abusers themselves do not realize that abuse is taking place. As caregivers and family take care of an elderly person, stress levels may rise to extreme levels, especially if caregivers are responsible for other family members as well. Subtle forms of abuse may take place, and it may be difficult to distinguish between stress and abuse.

In some cases, elder abuse takes place because an elderly person moving in with an existing family, creating new stresses within the family. In other cases, elder abuse is part of a long-standing pattern of emotional or physical abuse or tensions within the family. As people get older and have increasing dependence or frailty and need others, the stress created by this increased need can push family relationships to the edge.

In some cases, elder abuse is perpetrated by another elderly person. Sometimes, an older adult or an older spouse will develop depression, dementia, or other problems and will become abusive as a result. This can be a very difficult problem, especially in cases where both elderly people -- both the perpetrator and the victim -- are part of the same family. Family members may want to deny the abuse or may be unwilling to deal with the abuse at the risk of having one person removed into a nursing home.

Continue reading "Florida Elder Abuse Can be a Family Problem" »

All 50 states have laws to prevent elder abuse and all have adult protective services (APS) agencies to look into reports of suspected elder abuse. Despite this, however, elder abuse seems to be on the rise in Florida and in other states. A 2004 Survey of State Adult Protective Services found that the total number of reports of elder abuse and neglect increased by 19.75 between 2000 and 2004. Substantiated cases of abuse rose 15.6% between 2000 and 2004.

Elder abuse is the general term that refers to any intentional, negligent, and knowing action which causes serious risk or harm to an adult who's considered elderly or vulnerable. Elder abuse can include emotional or psychological abuse, financial exploitation, sexual abuse, and physical abuse. Neglect and abandonment are also considered forms of elder abuse. Abuse of elderly persons can lead to serious personal injuries, including burn injuries, broken limbs, and other serious conditions. That’s one reason why it is everyone’s business.

If you suspect that elder abuse is taking place, you must report it. Simply call your local adult protective services hotline to report the incident. The agency will screen your call for potential seriousness, and will keep all information you provide confidential. If the agency determines that the case is serious and may be in violation of local elder abuse laws, a caseworker will be assigned to conduct an investigation into the allegations. If the call signifies a potential emergency in which an elderly person is in immediate danger, the agency will generally dispatch someone within 24 hours to investigate. If the elderly victim is in need of help, services will be made available to that person.

One potential problem with elder abuse cases is that elderly persons have the right to refuse services offered by the agency. In other words, the senior has to agree or must have been declared incapacitated by a court in order for the agency to intervene. In cases where an elderly person is deeply intimidated or fearful after abuse has taken place, that person may simply not agree to have an agency help them, even if such help is really required.

In these cases, it can be truly heartbreaking for family or friends to see abuse taking place, but to feel as though they have no recourse to help their elderly loved one. In such cases, a qualified and experienced Florida attorney may help. Even if the local agency cannot intervene because an elderly person has refused help, a Florida attorney can help family and friends understand what legal options they have.

Continue reading "Elder Abuse is a Serious Florida Problem " »

Under Florida Law, anyone who knows, or has reasonable cause to believe, that an elderly person or other vulnerable adult is a victim of exploitation, abuse, or neglect, is required to immediately report the suspicion or knowledge. The Florida Abuse Hotline has a toll free telephone number, 1-800-96-ABUSE (1-800-962-2873) and a TDD number (1-800-955-8770) available 24-hours a day. A Florida Abuse Hotline counselor will let callers know whether the information that has been provided will be entered into a report for investigation.

The elderly are vulnerable to physical, mental, emotional, and sexual abuse as well as to neglect and exploitation. Neglect can involve an elderly person neglecting to care for themselves or can involve a caregiver neglecting the individual. Exploitation can involve someone trying to gain an elderly person’s funds, assets, or property by abusing a position of trust. In some cases, exploitation can be difficult to pinpoint. A person may be using an elderly person’s funds to care for the individual, but may be not providing adequate care with that money, for example. This can constitute exploitation in some cases.

If you believe that elder abuse is taking place, call the Abuse Hotline to make a report. To make your call more effective, please have this information on hand:

*Information about the victim. The more information you provide, the easier it will be for counselors to help. At minimum, have the victim’s description, age, sex, name, and address on hand.
*A description of the abuse, injury, or harm that makes you suspect abuse.
*Any information you have about the possible perpetrator, including their name, address, and their relationship to the victim.

Once abuse is reported, every attempt will be made to help the victim. However, an adult cannot be forcibly removed from a situation. This means that if an elderly adult does not wish to leave an abusive situation, no one can impede on their personal liberty and constitutional rights. The person can only be removed from a situation forcibly if they are found mentally impaired enough so that judgment and decision making are impaired. If an abuse charge appears to require a criminal investigation, Florida law enforcement will handle the investigations and prosecutions.

Continue reading "Putting a Halt to Florida Elder Abuse " »

Florida’s Long-Term Care Ombudsman Program has a website aimed at helping elders get high-quality care. The need for the program and website stems from the fact that the elderly at a number of care facilities in Florida and across the country are subject to nursing home and elder abuse. Elderly abuse leads to high levels of stress and can lead to depression. In some cases, abuse leads to personal injuries or even death, as those in care facilities are not always able to defend themselves from or survive an attack.

Florida’s Long-Term Care Ombudsman Program encourages anyone with a complaint to call the program or write a letter in order to launch an investigation. This complaint can be confidential. Some residents also have success in contacting an attorney, who can act as both advocate and investigator in order to resolve the problem and to ensure that the resident is provided with a safe environment. Residents can also call the Department of Elder Affairs, the Agency for Health Care Administration, or even the Department of Children & Families. In emergencies, it may be advisable to call 911 to contact local law enforcement for immediate help.

Any resident of a long-term care facility in the state of Florida retains the citizen rights they had outside the facility. In addition, residents have special “Residents’ Rights” protected by federal and state law. By law, long-term care facilities must place these rights where they can easily be seen by residents and must offer a copy of these rights to every resident entering the facility.

Abuse can happen in any type of facility that caters to the elderly. In Florida, there are three major types of facilities catering to the elderly:

1) Assisted Living Facilities. Under Chapter 400, Part III, Florida Statutes, these facilities are defined as complexes or homes where up to 500 residents live and receive help. These facilities may offer transportation, kitchen units, and other amenities.

2) Nursing Homes. Under Chapter 400, Part II, Florida Statutes, these are defined as facilities that offer 24-hour-per-day professional nursing care, room and board, medical treatment, personal care and custodial care. Staff help residents with daily tasks and recreation activities.

3) Adult Family Care Homes. Under Chapter 400, Part VII, Florida Statutes, this facility has a maximum of 5 elderly residents in a home-type environment. In this type of facility, staff offer room, board, and any help the residents need.

All these facilities are covered by laws regarding care and all must adhere to specific laws. If you or a loved one are experiencing abuse at any of these facilities, you are protected by the law and have a right to seek help.