Abuse & Neglect in Florida Nursing Homes, Assisted Living Facilities, Group Homes, & Adult Day Care Centers
Recognizing Abuse in Florida Nursing Homes, Assisted Living Facilities, Group Homes & Adult Day Care Centers
Abuse inside Florida’s long-term care facilities is far more common than many families realize. From physical assaults to chemical restraints and financial exploitation, abuse in nursing homes, assisted living facilities, group homes, and adult day care centers can take many forms, robbing victims of safety, dignity, and quality of life.
At FIDJ, we fight to hold these facilities accountable when they fall below the standards of care and violate the trust families place in them. Below, we explain the most common types of facility abuse so families can spot red flags and take action to protect their loved ones.
-
Physical Assault: Perhaps the most obvious type of abuse, this generally involves intentional harm or injury inflicted on a resident by a staff member or another resident. Examples include hitting, slapping, kicking, or shoving a resident. It can also include intentional unnecessary roughness when handling a resident.
-
Restraint Abuse: While restraints are permitted in certain limited circumstances, the overuse or inappropriate use of physical restraints, such as straps or ties, that are designed to restrict a resident’s movement may constitute abuse. For instance, improperly securing a resident to his or her bed or wheelchair, can be considered abuse. This conduct often leads to both physical and emotional harm.
-
Sexual Abuse: Inappropriate sexual contact or verbal sexual harassment of a resident by staff members or other residents is abuse. This type of abuse may include unwanted touching, sexual assault, or forcing a resident to engage in sexual acts.
-
Verbal Abuse: Verbal abuse can have physical and emotional consequences for residents. Verbal abuse includes yelling, using derogatory language, or threatening a resident. Such abuse can cause anxiety, depression, and even physical stress-related illnesses.
-
Forced Medication: Administering medication against a resident's will or in excessive doses is a form of abuse. In some instances, it may also be considered an unlawful use of a chemical restraint. For instance, sedating a resident merely for the convenience of staff constitutes a form of abuse.
-
Deprivation of Basic Needs: The deliberate withholding of essentials like food, water, or clothing constitutes abuse. Refusing to assist a resident who requires assistance with one or more of their activities of daily living (e.g., transferring or toileting) also constitutes abuse.
-
Improper Handling or Transfers: Mishandling or rough handling during transfers or repositioning, causing physical injuries like fractures, dislocations, or skin tears is another form of abuse. Your loved one deserves to be treated with decency.
-
Financial Exploitation: Although not physical in nature, stealing a resident’s money, possessions, or assets can result in financial harm, affecting the resident’s ability to afford essential medical care or a comfortable living environment. Under Florida law, financial exploitation is also a crime.
-
Inadequate Hygiene Care: Failing to assist residents with their personal hygiene needs can lead to infections, rashes, or other physical discomforts. Such intentional conduct is abusive.
If you suspect abuse or neglect in any Florida nursing home, assisted living facility, group home, or adult day care center, don't wait. Contact the experienced attorneys at FIDJ for a FREE case review.
Frequently Asked Questions Regarding Abuse and Neglect
If a resident punches another resident, is the facility responsible for any injuries?
Facilities have a duty to keep residents safe from foreseeable harm, including harm caused by other residents. If staff fail to supervise properly, ignore warning signs of aggression, or don’t separate residents known to be violent, the facility may be held liable for injuries caused by resident-on-resident attacks. That said, each situation is unique and should be evaluated by an experienced attorney who handles Florida nursing home, assisted living facility, group home, or adult day care center abuse, neglect, and wrongful death cases.
Is a facility responsible if my loved one keeps falling?
While not every fall in a nursing home, assisted living facility, group home, or adult day care center means the facility is at fault, most falls are preventable. Facilities have a duty to assess each resident’s fall risk and put safety measures in place, such as assistive devices, proper supervision, and safe transfer techniques. If a facility ignores known risks, fails to provide proper care, or fails to implement fall prevention plans, it may be held responsible for fall-related injuries (e.g., fractures, subdural hematomas, wrongful death, etc.). That said, every case is unique and should be reviewed by an attorney experienced in abuse, neglect, and wrongful death cases involving long-term care facilities.
Are bedsores a sign of abuse or neglect in a nursing home or group home?
Often, yes. Bedsores (also called pressure ulcers) typically develop when residents are left in one position too long without being turned or repositioned. Nursing homes and group homes have a duty to prevent pressure injuries by assessing risk factors, maintaining proper nutrition and hydration, and performing regular skin checks. When a facility fails to provide proper care or supervision and a resident develops severe bedsores, this may be evidence of neglect, and in some cases, abuse. Bedsores can lead to serious infections such as urinary tract infections (UTIs) and sepsis, may require hospitalization, or can even result in death. Residents and/or their families may have legal claims for medical expenses, pain and suffering, or wrongful death damages if neglect leads to severe bedsores. That said, each case should be reviewed by an attorney experienced in abuse, neglect, and wrongful death cases involving long-term care facilities.
Who is responsible if a resident wanders away or goes missing from a nursing home, group home, or adult day care center?
Facilities like nursing homes, group homes, and adult day care centers have a legal duty to keep residents safe and secure, especially those residents with cognitive impairments such as dementia or Alzheimer’s disease. When a resident wanders away (known as elopement), it can lead to serious injuries, exposure to the elements, accidents, or even death. If a facility fails to properly assess a resident’s risk of wandering, implement safety measures, or adequately supervise residents, it may be held liable for any injuries or wrongful death that occurs. Each situation is unique and should be evaluated by an attorney experienced in abuse, neglect, and wrongful death cases involving long-term care facilities.
Is dehydration or malnutrition a sign of neglect in a nursing home, assisted living facility, group home, or adult day care center?
Often, yes. Nursing homes, assisted living facilities, group homes, and adult day care centers are responsible for ensuring residents receive enough food and fluids to maintain proper health. Dehydration and malnutrition can result from neglect, such as failing to help residents eat or drink, ignoring dietary needs, or not monitoring weight loss. These conditions can cause serious health problems, including infections, organ failure, confusion, and even death. If a loved one shows signs of significant weight loss, dry skin, confusion, or weakness, it may be a warning sign of neglect. Each situation is unique and should be reviewed by an attorney experienced in abuse, neglect, and wrongful death cases involving long-term care facilities.
Is it neglect if my loved one is left in dirty diapers or soiled clothes in a nursing home or group home?
Often, yes. Nursing homes and group homes are required to help residents maintain proper hygiene. Failing to assist with bathing, grooming, changing dirty diapers or soiled clothing, or keeping living areas clean can lead to infections, skin breakdown, social withdrawal, and significant emotional distress. Being left in dirty diapers or soiled clothes may indicate neglect or understaffing and should never be ignored. Each situation should be reviewed by an attorney experienced in abuse, neglect, and wrongful death cases involving long-term care facilities.
Is yelling, cursing, or threatening a resident considered abuse in a nursing home, assisted living facility, group home, or adult day care center?
Yes. Verbal abuse, including yelling at residents or clients, cursing, humiliating language, insults, or threats, is a recognized form of abuse under Florida law. Even if no physical harm occurs, verbal abuse can cause significant emotional distress, anxiety, depression, and social withdrawal. Nursing homes, assisted living facilities, group homes, and adult day care centers have a duty to ensure residents and clients are treated with respect and dignity. If you suspect staff are yelling at your loved one, threatening them, or using abusive language, document what you observe and speak with an attorney experienced in abuse, neglect, and wrongful death cases involving long-term care facilities.
Can sexual abuse happen in a nursing home, assisted living facility, group home, or adult day care center, and who is responsible?
Unfortunately, yes. Sexual abuse can occur in any long-term care facility and may be committed by staff, other residents, or even visitors. Nursing homes, assisted living facilities, group homes, and adult day care centers have a duty to protect residents and clients from sexual harm through proper staff screening, supervision, and prompt investigation of complaints. If a facility fails to protect a resident or client and sexual abuse occurs, it may be held liable for the harm caused. Sexual abuse can have devastating physical and emotional consequences. Each case should be reviewed by an attorney experienced in abuse, neglect, and wrongful death cases involving long-term care facilities.
Is understaffing a form of neglect in nursing homes, assisted living facilities, group homes, or adult day care centers?
It can be. Adequate staffing is critical for providing safe and proper care and/or supervision in nursing homes, assisted living facilities, group homes, and adult day care centers. Chronic understaffing can lead to serious problems like missed meals, medication errors, poor hygiene care, delayed medical attention, increased falls or injuries, and elopement. Understaffing may be evidence of neglect and can compromise residents’ health and safety. Each situation should be reviewed by an attorney experienced in abuse, neglect, and wrongful death cases involving long-term care facilities.
Are nursing homes, assisted living facilities, group homes, or adult day care centers required to report suspected abuse or neglect?
Yes. Under Florida law, nursing homes, assisted living facilities, group homes, and adult day care centers, and the staff that work in them, are considerd "mandatory reporters." See Fla. Stat. 415.1034 ("Mandatory reporting of abuse, englect, or exploitation of vulnerable adults; mandatory reports of death."). This means they are legally required to report any suspected abuse, neglect, or exploitation of vulnerable adults. Staff members who fail to report known or suspected abuse can face legal penalties. These reporting obligations exist to protect residents and ensure prompt investigation of any concerns. If you suspect abuse and the facility has not acted, you should report your concerns to authorities and consult an attorney experienced in abuse, neglect, and wrongful death cases involving long-term care facilities.
Can I sue a nursing home or group home for giving the wrong medication?
Nursing homes and group homes have strict duties to administer medications correctly, according to doctors’ orders. Errors such as giving the wrong drug, the wrong dose, skipping doses, or failing to monitor side effects can cause serious harm, including falls, confusion, organ damage, or even death. Medication errors may be a sign of neglect, inadequate training, or understaffing. Each situation should be reviewed by an attorney experienced in abuse, neglect, and wrongful death cases.
Is it abuse for a nursing home, assisted living facility, group home, or adult day care center to give medication just to keep someone quiet or easier to manage?
Yes. It is considered abuse for nursing homes, assisted living facilities, group homes, or adult day care centers to administer medication solely to sedate or control a resident or client for staff convenience. This practice, known as a chemical restraint, violates residents’ and clients’ rights and can have dangerous side effects, especially for individuals with dementia or other medical conditions. Medications should only be given when medically necessary and properly prescribed. Families concerned about overmedication or sedation should consult an attorney experienced in abuse, neglect, and wrongful death cases involving long-term care facilities.
They failed. Now, it's time to
Demand
Check out our latest blogs...
We Proudly Represent Clients In and Around These Major Florida Cities
Miami, Fort Lauderdale, West Palm Beach, Orlando, Tampa, Jacksonville, Sarasota, Naples, Fort Myers, Boca Raton, Hollywood, Lakeland, Ocala, Pensacola, Gainesville, St. Petersburg, Clearwater, Port St. Lucie, Melbourne, Tallahassee, Kissimmee, Cape Coral, Coral Springs, Vero Beach, St. Augustine, Port Charlotte, Panama City
...and these Florida regions
.png){kind=small}
South Florida, Central Florida, North Florida, the Gulf Coast, Treasure Coast, Space Coast, the Panhandle, the Keys, Suncoast, Nature Coast, Big Bend, Emerald Coast, and First Coast.
What that Means
If you are searching for a "nursing home abuse lawyer near me", an "assisted living facility abuse lawyer near me", a "group home abuse lawyer near me", or an "adult day care center abuse lawyer near me", FIDJ has you covered.
Do you need an attorney who handles cases near you or your loved one? Our attorneys handle cases involving nursing home abuse and neglect, assisted living facility abuse and neglect, group home abuse and neglect, and adult day care center abuse and neglect in the following Florida counties: Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Santa Rosa, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, Washington.