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Nursing Home Abuse & Elder Abuse 

Portrait,Of,Elderly,Senior,Citizen,Wearing,Face,Mask,Looking,Through

2 min read

Introduction

The beautiful State of Florida is the number one retirement state in the United States[1]. It is no secret that Florida has no state income tax and amazing beaches, which makes it a haven for the elderly to move to and retire. With the influx of elderly in the State of Florida, there are an innumerable amount of nursing home facilities to take care of elderly patients. Florida boasts the highest percentage of the elderly population in the United States at 19.06%[2]. This makes it prone to a significant amount of elder abuse cases and nursing home abuse that occurs in the facilities made to take care of our population’s most vulnerable. Elder abuse can occur in multiple different ways, as previously stated in some of our blogs. One of the ways in which elder abuse typically occurs is by the negligence of the staff due to an improper number of nurses to take care of the number of patients at a given facility.

Florida Statute

The Florida State Statute governing elder abuse is defined in §825.102, which defines elder abuse as “abuse, neglect, or aggravated abuse of an elderly individual or disabled adult[3].” Under Florida law, the victim has to be older than 60 years, and the investigations into elder abuse are carried out by the Florida Department of elder affairs, alongside the local municipality.

Injury Criteria

The main injury of elder abuse is typically the appearance of bedsores, which indicate a form of negligence on behalf of the staff to consistently check the patient and move the patient so that bacterial infections do not become commonplace. This is because the elderly are extraordinarily susceptible to bacterial infection due to their lowered immune system. 

Another form of injury criteria in nursing home abuse cases occurs when the facility is understaffed. The most common injury that we see when a facility is understaffed, is a fall resulting in some form of a broken bone. 

Orlando Accident Attorney 

Here at the Orlando Accident Attorney, we litigate elder abuse claims in the State of Florida. Please call us, if you or a loved one have been injured, at 407-706-3909.

Date: May 31, 2022

Author: Brandon Salter, Esq.


[1] https://www.marketwatch.com/story/why-this-state-is-the-no-1-place-in-america-to-retire-2020-01-13

[2] https://www.worldatlas.com/articles/the-us-states-with-the-oldest-population.html#:~:text=Percentage%20Of%20Senior%20Citizens%20By%20State%20%20,%2017.02%20%25%20%2046%20more%20rows%20

[3] https://m.flsenate.gov/Statutes/825.102