Watching a loved one suffer because of neglect or mistreatment is heartbreaking. For many families, hiring a home health aide is the best way to ensure their aging or disabled family member gets the care they need. You trust these caregivers to help with the daily tasks your loved one can’t handle alone—such as eating, bathing, taking medications, and staying safe. But what happens when that trust is broken? What happens when a home health aide harms the person you love?
When a home health aide neglects or harms someone in their care, the results can be devastating. Your loved one might suffer serious injuries, such as bedsores, broken bones from a fall, or even emotional and physical abuse. In some cases, this kind of negligence can lead to death. The pain is not just physical—it’s emotional, too, leaving families angry, confused, and unsure of where to turn.
Unfortunately, in Florida, this problem is more common than many people realize. Home health aides don’t need a license or certification to work, and some agencies don’t bother to train or screen the people they hire properly. That lack of oversight puts vulnerable patients—like the elderly or those with disabilities—at risk of serious harm.
If your loved one has been hurt because of a negligent home health aide, you are not powerless. Florida law allows families to hold these aides and their agencies accountable. While a lawsuit cannot erase the pain, it can provide financial relief for medical expenses and give you the sense of justice you need to move forward.
At Prosper Shaked Accident Injury Attorneys, PA., we want you to know that you don’t have to face this alone. Justice is possible, and it starts with knowing what steps to take. We can help you explore your legal options in a FREE initial consultation and review.
What is Home Health Aide Negligence?
Home health aides (HHAs) provide essential services to patients who need assistance with daily living activities, medical care, or companionship. Negligence occurs when an aide fails to meet the standard of care expected of their role, directly harming the patient.
In Florida, HHAs are not required to hold professional licenses, unlike registered nurses. This lack of regulation increases the risk of unqualified individuals providing care. Moreover, some home care agencies fail to adequately screen, train, or supervise their aides, allowing negligence to occur.
Negligence can take many forms, including:
- Failing to prevent injuries like falls.
- Administering incorrect medication doses.
- Ignoring signs of malnutrition or dehydration.
- Allowing abuse—physical, emotional, or sexual—to go unchecked.
Florida law recognizes that caregivers owe their patients a duty of care. When this duty is breached, the law allows victims or their families to seek compensation.
Common Injuries Linked to Home Health Aide Negligence
Negligence in caregiving can lead to catastrophic injuries or even death. Below are some common injuries often linked to home health aide negligence:
- Bedsores and Pressure Ulcer – Bedsores develop when patients are left immobile for long periods without repositioning. These sores can progress to deep, infected wounds, particularly among bedridden patients.
- Falls and Fractures – Aides must assist patients during mobility transfers, such as moving from a bed to a wheelchair. A single misstep can lead to broken bones, brain bleeds, or other serious injuries.
- Medication Errors – Incorrect dosages or missed medications can have dire consequences, especially for elderly patients reliant on critical treatments.
- Malnutrition and Dehydration – Aides are responsible for ensuring patients are properly nourished and hydrated. Failure to do so can lead to severe complications, including organ failure.
- Abuse (Physical, Emotional, or Sexual) – Tragically, some aides exploit their vulnerable patients. Warning signs include unexplained injuries, behavioral changes, and withdrawal.
These injuries often result from inadequate training or poor oversight, underscoring the importance of holding agencies accountable for their aides’ actions.
Who is Responsible When Home Health Aide Negligence Occurs?
Establishing liability for home health aide negligence requires understanding where and how the injury occurred.
At-Home Negligence
When negligence occurs in the patient’s home, the aide may be directly liable. However, Florida law (e.g., Chapter 415 of the Florida Statutes) also allows families to pursue claims against the agency if the aide is considered its employee.
If the aide is part of an agency, then the agency may also be to blame. Many agencies argue that their aides are independent contractors, not employees, to avoid liability. However, Florida law uses a “right of control” test to determine agency liability. If the agency retains significant control over the aide’s schedule, tasks, or training, the agency can still be held accountable.
Assisted Living Facility (ALF) Negligence
Assisted living facilities (ALFs) in Florida are legally required to transfer high-risk patients to skilled nursing facilities if they cannot meet their needs. If an ALF decides to let a private aide care for a high-risk patient instead of transferring them, both the ALF and the aide could share responsibility if the patient is injured. The ALF is ultimately in charge of making sure residents are cared for properly, even if they bring in outside help. Letting a private aide take on responsibilities beyond their training or abilities doesn’t remove the ALF’s duty to provide appropriate care.
Private aides could also be held responsible if their actions lead to an injury. For example, if an aide gives improper care, ignores medical instructions, or fails to meet the patient’s needs, they may be found at fault. Whether the aide is partly or fully to blame depends on what role they were hired to play and how their actions contributed to the harm.
In most cases, both the ALF and the private aide could be at fault. The ALF might be blamed for not transferring the patient when they should have, while the aide might share responsibility if they provided poor care. Courts will look at the ALF’s policies, the aide’s qualifications, and who made the decisions that led to the injury to figure out who is responsible.
Legal Protections for Victims in Florida
Florida law provides specific protections for vulnerable adults under the Adult Protective Services Act (APSA) (Chapter 415, Florida Statutes).
Key provisions include:
- A clear definition of abuse, neglect, and exploitation of vulnerable adults.
- The right to sue private aides under Chapter 415.
- Additional damages for prevailing parties, including attorney’s fees.
Although APSA does not apply to nursing home residents, it remains a powerful tool for families pursuing claims against private aides and their agencies. Families of individuals receiving care outside of nursing homes can rely on APSA to hold caregivers accountable. This is especially important in cases where private aides are hired to provide in-home care or work in assisted living communities, where different legal standards may apply.
Steps to Take if You Suspect Home Health Aide Negligence
If you believe your loved one has been harmed due to negligence by a home health aide, acting quickly and effectively is essential. By following these steps, you can protect your loved one and potentially prevent future harm to others.
Step 1. Document Everything
Start by collecting as much evidence as you can. Take clear photographs of any injuries or unsafe conditions. Write detailed notes about specific incidents. Be sure to include specifics, such as dates, times, and descriptions of what happened. Gather medical records, doctor’s notes, or any other reports that show the care your loved one has received. This evidence will be very important if you need to report negligence or take legal action. The more thorough and organized your records are, the stronger your case will be.
Step 2. Report Abuse or Neglect
In Florida, you can report suspected abuse, neglect, or exploitation of a vulnerable adult to Florida Adult Protective Services. Call their toll-free hotline at 1-800-96-ABUSE or submit a report online at myflfamilies.com. These reports are confidential, and filing one initiates an investigation. Reporting abuse and neglect not only protects your loved one, but holds the home health aide or agency accountable.
Step 3. Consult an Attorney
Contact a Florida home health aide attorney with experience in elder abuse or negligence cases. A qualified lawyer can help you understand your legal options, evaluate your case, and help you seek justice for yourself or your loved ones. Many attorneys offer free consultations and work on a contingency fee basis, meaning they only get paid if you win your case.
Contact Our Florida Home Health Aide Lawyer Today
Negligence by a home health aide or agency can have life-altering consequences for vulnerable patients and their families. If you suspect negligence, don’t wait. Take action today to protect your loved one and hold negligent parties accountable.
Schedule a free consultation with a qualified Florida home health aide attorney at Prosper Shaked Accident Injury Attorneys, PA., to explore your legal options. Justice may not undo the harm, but it can ensure those responsible are held accountable, giving your family a sense of closure. Call us at 1-305-694-2676, fill out our contact form.