As we age, our bodies undergo various changes that can increase the risk of falls. While slips and tumbles may seem like minor accidents to some, they can have serious consequences for older adults. In fact, falls are a leading cause of injury among this population, often resulting in fractures,…
Articles Posted in Elder Abuse
Signs of Abuse and Neglect in Nursing Homes
We all want to believe that our loved ones are in good hands when living in a nursing home. Unfortunately, the reality is often far from it, and some residents are subjected to physical, emotional, and even financial abuse or neglect. These victims of elder abuse may not be able…
Nursing Home Abuse Statute of Limitations
Nursing homes and other special care facilities are required to adhere to federal and state rules and regulations. These laws were set in place to protect residents from various forms of abuse and neglect. They also impose harsh penalties onto facilities if they disregard these laws and fail to provide…
Financial Abuse of the Elderly in a Domestic Setting
The warm climate, pristine beaches, beautiful waterways and countless golf courses make Miami, Florida a great place for the elderly to enjoy life and retirement with family and friends. However, sometimes the elderly can be taken advantage of financially in a domestic setting, such as in a nursing home or…
Elder Abuse Trauma and Its Effect on Mental Health
As the elder population increases in the United States, so does abuse of the elderly, which continues to cause trauma and a lifetime of mental health issues for our older citizens. A major problem with this growing issue is the fact that many elders are afraid or embarrassed to speak…
Florida’s Second District Rules that Arbitration Agreement Signed by Deceased Resident’s Wife is Unenforceable
Like other industries providing services to vulnerable populations, nursing homes are no strangers to lawsuits. However, simply because nursing homes and similar long-term care businesses often find themselves in courts does not mean they like to be there. Indeed, nursing homes routinely have their incoming residents sign arbitration agreements providing…
Florida’s Second District Court of Appeal Reverses and Compels Arbitration in Nursing Home Abuse Case
In light of Florida’s large elderly population, it’s not surprising that the Florida legislature has specifically passed legislation providing specific rights to those who reside in nursing homes. See §§ 400.022-.023, Fla. Stat. (2010). However, among the many rights encompassed in these provisions is not one assuring that these rights must…
Fourth District Court of Appeal Declines to Enforce Arbitration Provision in Elder Abuse Case
Florida has long served as a destination for America’s elderly population and, as a result, has also become home to a considerable number of retirement homes and assisted living facilities. Regrettably, despite the best efforts of the Florida’s Department of Elder Affairs, the care residents at these facilities receive remains…