Delayed Transfers in Nursing Homes, Assisted Living Facilities, & Group Homes

When Facilities Fail to Act: The Danger of Delayed Transfers

​

When a resident in a Florida nursing home, assisted living facility, or group home  experiences a fall, sudden illness, or other medical emergency, staff must transfer that resident to a hospital or higher level of care without delay. Unfortunately, many facilities fail to act when the situation clearly calls for a transfer, often due to poor training, lack of staffing, or a misguided desire to avoid losing revenue tied to the resident’s continued stay. These delays can have devastating consequences, including prolonging suffering, worsening medical conditions, or even causing preventable death.

​

Common Causes of Delayed Transfers in Long-Term Care Settings

​

Delayed or denied transfers typically occur because of:

​

• Failure to recognize changes in the resident’s condition

• Inadequate monitoring or failure to assess post-fall injuries

• Staff who are not trained to escalate urgent medical needs

• Ignoring physician orders or delaying physician notification

• Understaffing or administrative delays

• Attempts to retain revenue by avoiding hospital transfers

• Miscommunication or lack of documentation

Each of these breakdowns increases the risk of avoidable harm.

Signs a Transfer Was Unreasonably Delayed

​

Families often don’t realize until it’s too late that a transfer to a hospital should have occurred earlier. These signs may indicate that a nursing home, assisted living facility, or group home failed to act when they should have:

​

• The resident suffered a fall or trauma and was not sent out for X-rays or evaluation

• The resident had a sudden change in condition (confusion, weakness, slurred speech, or loss of consciousness) but was not transferred

• Staff failed to notify the family or physician of a medical event

• The resident was “found” injured or in distress, with no documentation of a hospital visit or physician involvement

• There was a multi-day delay between the event and diagnosis of a serious condition (e.g., fracture, stroke, internal injury)

• Facility staff were vague or inconsistent about what happened and when

• Records show pain, distress, or abnormal vitals with no escalation of care

• Family later learns the resident had a serious condition (e.g., broken hip, severe infection) that went untreated for days

If any of these scenarios sound familiar, the facility may have failed in its legal duty to secure timely medical care.

​

Example: What Delayed Transfer Looks Like in Real Life

​

Imagine a resident with dementia is found lying on the floor in her room. She can’t explain what happened or say where she’s in pain. Instead of documenting the fall, notifying her family, or sending her for evaluation, staff lift her back into bed. No physician is notified. No x-ray is ordered. Days later, the resident is still in pain. Only then do staff realize she fractured her hip.

​

This kind of neglect is all too common. It’s unacceptable. And it’s grounds for legal action.

​

What the Law Requires

​

Under Florida law, nursing homes, assisted living facilities, and group homes must take timely, reasonable steps to secure medical care for residents when there’s a change in condition or a suspected injury. That includes notifying physicians, conducting post-fall assessments, documenting the incident, and transferring the resident to a hospital when needed. When facilities fail in these duties, they may be liable for the resulting harm.

​

Contact FIDJ for a Free Case Review

​

If you believe your loved one was injured at a Florida nursing home, assisted living facility, group home, or adult day care center because of a delayed transfer, contact the experienced attorneys at FIDJ for a FREE case review.

​

*The information contained herein is not medical advice.