Nearly two million Americans live in long-term care facilities. Families of those residents, and the residents themselves, often are concerned about the quality of care in nursing facilities and how they can be protected. Residents in care facilities have the right to be cared for, and federal and state governments have taken steps to ensure there are regulations.

We expect the medical staff will be qualified and passionate about caring for the people in the facilities. Elderly people require a high level of care and supervision. They need more attention than an average medical patient in a hospital.

However, nursing home abuse and neglect are widespread across the United States and it has affected facilities in Florida. Questions often arise as to how the abuse or neglect happened. Sometimes a resident may hurt themselves when unattended. Other times, it is direct abuse.

The Nursing Homes Abuse Advocate defines abuse as an intentional infliction of injury or some sort of unreasonable confinement or punishment that results in pain or anguish. Neglect, however, is a failure to provide adequate care, whether it was intentional or not.

According to Florida law, residents have the right to be free from mental and physical abuse, which can include involuntary seclusion, restraints or corporal punishment. Restraints can be used only in emergency situations and only by a licensed nurse.

Some types of abuse, according to the NHAN, can include:

• Assault and battery, such as slapping, pinching, hitting, shaking, kicking or threats of abuse


• Lack of care for existing medical conditions


• Prolonged deprivation of food or water


• Rape or other forms of sexual abuse


• Unreasonable restraints or seclusion

There are common signs that can give family members and loved ones a clue that abuse or neglect is prevalent in a facility. For example, if a person has bed injuries like bed sores, he or she likely has been bedbound. Or, if a person is dehydrated or malnourished, he or she probably is not getting the proper amount of water or food.

Proving nursing home abuse or neglect is not an easy case. Often when residents are injured they had been living in the home for several years, so there is an extensive amount of several medical records that need to be obtained. In other cases, it could be difficult to prove if the injury occurred at the facility.

In addition, many residents have medical conditions that could affect an analysis of the injuries. However, an experienced personal injury attorney can help get damages the resident deserves. The attorney can comb through medical records and find the precise information needed to prove a loved one was mistreated.