If you have noticed signs of potential problems at an assisted living facility, you can file a report with the Florida Agency for Health Care Administration. The state will investigate and may issue a fine or other legal action. If you or your loved one were injured while living at an assisted living facility, you may also be able to file a lawsuit against the facility with the help of a Florida personal injury law firm .
Assisted living facilities are places where older adults can reside when they need some extra help – but still want independence. While many assisted living facilities in Florida offer excellent care, others fall significantly below the standards for senior living facilities. This may even include incidents of abuse and neglect . If a resident of an assisted living facility is abused and/or neglected in Florida, our law offices will fight to get them maximum compensation for their losses.
Our founder, Scott Distasio, is a board-certified trial lawyer who has represented people in assisted living abuse and neglect cases since the 1990s. He has decades of experience fighting to help his clients get the money they deserve for their injuries. He won’t simply accept what the facilities and their insurance company offers – he will work to get you top dollar for your assisted living abuse and/or neglect case.
Based in Tampa, Distasio Law Firm represents people injured by others throughout Florida. We are fierce advocates for our clients, working hard to help them achieve justice for their injuries. To learn more or to schedule a free consultation with a Florida assisted living abuse lawyer, contact our law offices today.
How to Report to a Florida Assisted Living Facility
Florida is known as an excellent place to retire due to its warm, sunny weather – and favorable taxes. With so many retirees in Florida, the need for skilled care has increased significantly. Unfortunately, the growth in the assisted living facility industry in Florida does not mean that every facility offers the care that residents deserve.
Many assisted living facilities market themselves as places where seniors can get both care and a degree of independence. Yet these same companies often fail to properly hire, train, and supervise staff – or even staff their facilities appropriately. This can lead to serious situations of abuse and neglect in assisted living facilities throughout the state.
In Florida, assisted living facilities are licensed and regulated by the Florida Agency for Health Care Administration. Its Complaint Administration Unit receives and processes complaints about the quality of care provided at assisted living facilities and other licensed healthcare facilities.
There are two primary methods of filing a complaint against an assisted living facility. First, you can call the Agency for Health Care Administration directly at 1-888-419-3456 . Second, you can file a complaint form with the agency.
To file a complaint, navigate to the Agency for Health Care Administration’s website. From there, you can select “assisted living facility” from the drop-down menu. Next, you will need to type in the name and choose the correct location for the facility.
The next step is to fill out the appropriate information. This includes providing the following information:
- Facility website
- Date of event
- Resident’s name
- Resident’s date of birth
- Resident’s insurance (ie, Medicare, Medicaid, private, or uninsured)
- A narrative description of what you observed
- The name of any specific staff member involved
- Whether and to whom the incident was reported to at the facility
- If you have reported the incident to other agencies (such as the abuse registry, the Long Term Care Ombudsman Program, a law enforcement agency, or Medicare/Medicaid fraud)
- Your name and contact information
You can also upload any supporting documentation that you may have. Importantly, you do not have to provide your own information or the name of the patient involved. It is possible to submit an anonymous complaint – and it may be preferable if you are worried about retaliation. However, providing as much information as possible can help the agency as it performs an investigation.
Filing a report with the state is an important step to take. However, it is important to understand that the state typically issues fairly minimal fines for violations of Florida law. For example, several assisted living facilities in the Tampa area are owned by a man who was recently charged with elder abuse. In the state database, one of these facilities is listed as having 6 violations since 2020 – with fine amounts ranging from $500 to $6,000.
These types of fines are rarely enough to change the behavior of facilities – particularly when these fines represent just a tiny fraction of typical annual profits. While it is important to report suspected abuse, neglect, or other problems to the appropriate authorities, it isn’t the only step that you should take.
If your loved one was the victim of assisted living abuse and/or neglect at a Florida assisted living facility, you can and should pursue legal action against the facility. A personal injury lawsuit is a vehicle through which you may be able to get some measure of justice. It can also allow you to get the compensation that you need to help your loved one move forward after suffering abuse and neglect.
Remember: the state will rarely issue a big enough fine or citation to truly change the behavior of an assisted living facility. These violations also won’t do anything to help your family member with their medical expenses, emotional distress, or other losses. It is only through a lawsuit that you can get the compensation that you deserve for your injuries.
As part of the lawsuit process, our law firm will dig into the facility’s history of violations. We will also review your medical and treatment records, interview witnesses, and other evidence related to the case. While many assisted living abuse and neglect cases can be settled, our law firm will file a lawsuit to preserve your legal rights. We will even take the case to trial to help you right the wrongs that were committed.
A lawsuit cannot make you or your loved one whole again. However, through a legal claim, you can recover money for medical bills, future medical treatment and care, pain and suffering, emotional distress, disability, and more. This money can be key to getting your loved one into a safer facility – and in helping you get peace of mind in knowing that you helped to play a role in holding the facility accountable.
For a free legal consultation , call (813) 259 0022
When Can You Report an Assisted Living Facility?
One of the biggest concerns in any senior living facility is the potential for abuse and neglect. There are certain signs and symptoms that may indicate a problem within a facility. This includes:
- Residents having unexplained injuries or bruises, including signs of restraint
- Broken eyeglasses or frames
- Residents appear to have poor personal hygiene
- Repeated falls
- Dirty or unsanitary living and/or common areas
- Undocumented injuries like broken bones
- Dehydration
- Starvation
- Employees treating residents in an unprofessional and/or disrespectful manner
- Hazardous or unsafe conditions
- Lack of proper medical attention
- Residents developing bedsores or other conditions that are linked to neglect
- Improper medication management
- Medication going missing
- Medication errors, such as a resident being given the wrong medicine
Assisted living facilities owe a “special duty” to their residents to provide them with the proper level of care. Any of these violations may be a sign of abuse and/or neglect – and should be reported to the state. This same conduct may also be the subject of a lawsuit.
Anyone can file a report – including assisted living staff, residents, family members, and members of the public. If you observe anything that may indicate a problem at the facility, you may file a report. Particularly concerning issues involve those related to:
- Physical abuse
- Sexual abuse
- Emotional abuse
- Medication mismanagement
- Financial exploitation of residents
- Unsafe living conditions
- Lack of proper care
- Unnecessary medical procedures
By documenting any issues that you notice, you can help to keep all residents safe. You can then file a report with the state to initiate an investigation – which may lead to corrective action.
Under Florida law, residents of assisted living facilities have the right to be free from abuse, be free from neglect, be treated with dignity and respect, manage their own finances, and communicate with loved ones and medical staff without restriction. If these rights are violated, then the resident may have the right to file a lawsuit to recover financial compensation for their losses. Reach out to our law firm today to talk to our Florida assisted living abuse and neglect attorneys about your rights and options.
How Do Assisted Living Facility Violations Affect Residents?
Violations of rules and regulations can often have a big impact on residents’ health and safety. For example, if the facility does not perform background checks on job applicants, they may end up hiring someone with a history of abusing and/or exploiting vulnerable people. If the facility consistently has too few staff for the number of residents, people may suffer from falls or other issues because no one is there to help them.
Remember that elderly people are particularly vulnerable to abuse – especially from caregivers. They also may not be able to report the abuse or seek legal counsel on their own. Any type of abuse or neglect could lead to both physical injuries, like broken bones and brain injuries, as well as emotional injuries like emotional distress, depression, and/or anxiety. Filing a report – and seeking legal help – is critical to protecting your loved one and helping them get justice.
If you notice any signs of a problem at an assisted living facility, you may be uncertain as to whether you should report it. Filing a report about something that seems to be minor – like an employee yelling at a resident – could potentially prevent a bigger problem. You should use your best judgment in these situations.
Of course, there are also cases where a violation is much more clear and obvious – such as abuse and neglect. In these situations, you should not hesitate to report the facility using the information below. For example, if you see a staff member hitting a resident – or notice unexplained bruises or cuts on your family member – you should report the abuse immediately. You should also call our law firm right away to explore your options for protecting your loved one and filing a lawsuit against the facility.
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Injured or Abused at an Assisted Living Facility? Give Us a Call.
Assisted living facilities have a special duty under Florida law to their residents. Too often, these facilities fail to fulfill their duties, whether through neglecting their residents or abusing them. Reporting the facility can help to protect others – and may be the first step in filing a lawsuit against the facility for your injury, abuse, and/or neglect. Our law firm will help you fight for your right to full compensation.
The Distasio Law Firm fights for the rights of people in Florida who have been hurt through assisted living abuse and neglect. With decades of experience in assisted living abuse and neglect cases, we know how to get results for our clients. Our law firm offers free initial consultations and never charges a fee unless we recover money for you. To learn more or to schedule an appointment with a Florida assisted living abuse and neglect lawyer, call our law offices at 813-285-5126 or fill out our online contact form .
Call or text (813) 259 0022 or complete a Free Case Evaluation form