OVERVIEW

Neglect and abuse in nursing home and other residential care facilities can take many forms, from financial exploitation and caregiver neglect to physical, emotional and sexual abuse. Injury can range from loss of money, property and assets to bruises, broken bones and death.

More than 35 million Americans are age 65 or older, according to the U.S. Census Bureau, and this number is expected to swell in coming years as the nation's "baby boom" generation begins reaching age 65. Florida's 2.8 million elderly residents already represent 17.6 percent of the state's population.

The most important legal issues facing America's elderly are those that affect their independence. As people live longer, they become increasingly frail and vulnerable to abuse, fraud and exploitation. Years of careful retirement planning and saving can be looted in just a few weeks or months. Often, an elderly victim's assets are gone before the exploitation is discovered.

The term "elder abuse" refers to any knowing, intentional or negligent act by a caregiver or any other person that causes harm to a vulnerable adult. It can take many forms, including physical abuse, psychological or emotional abuse, sexual abuse, financial exploitation, neglect and abandonment. The National Center on Elder Abuse estimated that there were 820,000 victims of elder abuse in 1994, an increase of 106 percent from 1986.

In Florida, Statute 825 deals with "Abuse, Neglect and Exploitation of Elderly Persons and Disabled Adults", including criminal penalties for persons in positions of trust and confidence who exploit an elderly person's assets or property.

CASE SUMMARIES

• DWKM&R represented a continuing care facility resident in a complex case involving financial exploitation and neglect. An employee was responsible for the elderly resident's financial affairs. The facility knew about, but ignored this exploitative relationship, collecting thousands of dollars in supplemental charges authorized by the employee. Following two years of litigation, the case was settled for more than $1 million. As a condition of the settlement, DWKM&R required the facility to allocate funds to educate residents and staff about the dangers of financial exploitation.
  
  
• DWKM&R filed suit against an Orlando area nursing home on behalf of an 87-year-old Alzheimer's resident who suffered injury because of the facility's negligence. During a four month period, the types of injury ranged from preventable falls, malnutrition and dehydration to bedsores, urinary tract infections and scabies. At the time, the nursing home was already on notice by the Florida Agency for Health Care Administration for deficiencies in its level of care. ACHA imposed a moratorium on new admissions shortly after the resident's family moved her to a safe facility. DWKM&R negotiated a $290,000 settlement for the resident on the eve of trial.
  
  
• DWKM&R settled a claim against a nursing home after evidence was uncovered that an employee repeated abused our client, forcing the nursing home to admit liability. Although our client passed away, the settlement gave his widow some measure of comfort that those who had the liability for her husband's injury were held accountable.
  
  
• DWKM&R represented an elderly nursing home resident suffering from Alzheimer's disease. Due to the NURSING HOME'S inadequate supervision, the resident tripped and fractured her jaw. The injury required her mouth to be wired shut for weeks. DWKM&R negotiated a $138,000 settlement for her.