Nursing homes and assisted living facilities are a key part of how our elders receive the care they need as they progress into their "golden years." With one of the highest populations of Americans above the age of 65, Florida leads the nation in the availability of residential care.
Residents may become frustrated by the level of care they require or even become unaware of their situation due to dementia or progressive memory loss. Senior citizens may have difficulty following complicated care regimens or managing day-to-day habits like cleaning and eating. This is why professional staff must be responsible for residents' care.
Hard working conditions can lead some nursing home workers to abuse or neglect their residents. A certified nursing assistant lost her job and temporarily lost her license after she was seen slapping a resident during a meal. An 81-year-old resident reportedly spit food out of her mouth and the assistant slapped her in the face hard enough to leave a red mark beneath her lip.
The resident suffers from dementia, depression and disease enough to constitute a lack of capacity to consent to care as well as apparent physical limitations. The Florida Department of Health stated that the nursing assistant's actions indicate a lack of "judgment or moral character, patience and compassion necessary" for her practice in an emergency suspension of the woman's license.
The victims of elder abuse in nursing homes and the family members of these victims have the right to seek financial damages or injunctions to correct or prevent excesses or poor care in assisted living facilities. An attorney can help victims and their loved ones prepare a case against at-fault facilities and their employees and former employees.
Source: Miami Herald, "A nursing home resident spit food — and a health aide is in trouble for her response," David J. Neal, March 08, 2018