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Elder Abuse – The Silent Problem

July 19, 2021 | Category: Nursing Home Neglect/Abuse | Share

The National Council on Aging (NCOA) says, “Elder abuse is a silent problem that robs seniors of their dignity, security, and - in some cases - costs them their lives. Up to five million older Americans are abused every year.”  

Elder Abuse - The Silent Problem - Spivey LawAbuse can be perpetrated by nursing home staff, assisted living facility staff, home care staff, children, family members, and spouses.

Florida’s seniors can be abused in many ways some including physical, sexual, confinement, passive neglect, and willful deprivation which NCOA defines as: 

  • Physical abuse - Inflicting physical pain or injury upon an older adult.
  • Sexual abuse- Touching, fondling, intercourse, or any other sexual activity with an older adult, when the older adult is unable to understand, unwilling to consent, threatened, or physically forced.
  • Confinement- Restraining or isolating an older adult, other than for medical reasons.
  • Passive neglect - A caregiver’s failure to provide an older adult with life’s necessities, including, but not limited to, food, clothing, shelter, or medical care.
  • Willful deprivation- Denying an older adult medication, medical care, shelter, food, a therapeutic device, or other physical assistance, and exposing that person to the risk of physical, mental, or emotional harm, except when the older, competent adult has expressed a desire to go without such care. 

When seniors are in outside facilities, such as nursing homes and assisted living facilities, they have the right to reasonable care, including:

  • Adequate supervision to prevent falls
  • Adequate nutrition and fluids
  • Adequate medical care to prevent infections, bedsores, and prescription errors
  • Assistance with bathing and bathroom needs
  • Protection from hazards

"It’s important to keep an eye out for signs of neglect and abuse, as Florida law gives family members (spouse, child, parent, sibling, and others) the right to bring a lawsuit on behalf of their loved one under certain circumstances — specifically, if your loved one has given you power of attorney or can be adjudged mentally incompetent (giving you guardianship over them). If you're not sure that abuse is present but you have concerns for your loved one, scheduling a free consultation with a nursing home abuse lawyer is an important first step,” said Fort Myers Nursing Home Abuse Attorney Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. 

“We represent people involved in numerous types of personal injury and wrongful death accidents throughout the state of Florida. All of our clients have unique personal injury cases. Our firm provides personal contact and communication along with aggressive representation. We are available 24/7, and there are no costs or fees until we receive a monetary recovery for you,” said Attorney Spivey.



Fort Myers Nursing Home Abuse Attorney  Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one percent (1%) of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact  Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll-free at 1.888.477.4839, or by email to  Visit for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A. in Charlotte County at 941.764.7748 and in Collier County at 239.793.7748.



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