Legally Reviewed by Attorney Simon Wiseman on September 23, 2026
A nursing home is supposed to be one of the safest places for an aging parent or spouse, but approximately one in six people aged 60 or older have suffered from some form of abuse in a community setting, such as a nursing home or assisted living facility. Knowing the warning signs before you place a loved one in a facility, and watching for them during every visit afterward, is one of the most important things a family can do.
Since the beginning of the COVID-19 pandemic, the rates of elder abuse have increased, and researchers expect nursing home abuse rates to keep climbing as more countries face aging populations. Below, we walk through the red flags to look for when choosing or visiting a facility, what Florida law requires nursing homes to do, and the steps to take if you spot a warning sign.
13 Red Flags to Look for When Choosing or Visiting a Nursing Home
Whether you are touring a facility to decide if it is the right fit for a loved one, or visiting a loved one who already lives there, pay attention to the condition of the facility and the residents’ interactions and mood. Specifically, look for the following red flags during your tour, visit, or research.
- Bad odors. If you smell urine, vomit, or other odors, that may signal that staff does not adequately or promptly clean the facility or the residents who have soiled themselves.
- Complaints or bad reviews. Look out for bad reviews on Google, Yelp, and other websites, but also review the annual state survey and copies of complaint investigations, which you can find here. A pattern of poor reviews or complaints that led to investigations is a red flag.
- Delayed response times. When residents make a request or express a need, notice how long it takes staff to respond, or whether they respond at all. A long response time may signal a low staff-to-resident ratio or inattentive staff. Also check the call lights on residents’ doors, since this can help you gauge response time.
- Dirty rooms. Residential and common area rooms should be clean. Overflowing trash cans, unmade beds, abandoned food trays, or clutter left out are all red flags.
- High rates of illness or infection. Ask how the facility handles outbreaks, how often residents fall ill, whether staff and visitors follow posted health protocols, and how high-risk residents are cared for. A facility with a high rate of preventable illness and a weak response is a red flag.
- High turnover rates. Constant turnover among staff and management can affect the quality and consistency of care residents receive, and it often signals understaffing or reliance on temporary workers.
- Lack of abuse prevention policies. The facility should have an established complaint policy and process concerning abuse and neglect, along with an abuse prevention program for staff and residents.
- Lack of activities. Nursing homes should engage residents in activities throughout the day. Residents left in bed in the late morning, or a lack of exercise classes, faith-based activities, or entertainment, can point to emotional neglect.
- Low-quality food. You should not expect a gourmet meal, but residents should be fed quality, healthy food. Poor food quality can affect a resident’s health and nutrition.
- Poor visiting policy. A facility that does not allow unscheduled visits or has inflexible visiting hours may be understaffed or have something to hide. Reasonable limits on overnight hours are normal, but broad restrictions on daytime visits are not.
- Unfriendly staff. In a good facility, staff interact with residents in a friendly, caring manner. Notice how staff treats residents as well as visitors.
- Unresponsive residents. Understaffed facilities sometimes over-medicate or sedate residents to manage behaviors staff does not have time to address. Watch how responsive residents are during your visit.
- Unsecure location. Residents should have access to safe, quality outdoor spaces. A facility in an unsafe area, or one without adequate security, is a red flag.
What Florida Law Requires Nursing Homes to Do
Florida law sets specific obligations for licensed nursing homes. Under Florida Statute § 400.022, residents have a statutory bill of rights that includes the right to adequate and appropriate health care, freedom from mental and physical abuse, and the right to be treated with consideration, respect, and full recognition of their dignity. Facilities that fail to meet these obligations can face licensing action from the state as well as civil liability under Florida Statute § 400.023, which allows residents and their families to bring nursing home negligence claims.
Florida law also makes reporting mandatory. Anyone who suspects abuse, neglect, exploitation, or self-neglect of an elderly or disabled adult is required to report it under Florida Statute § 415.1034. Understanding these obligations helps families recognize when a facility is falling short of what the law requires, not just what common sense suggests.
What to Do If You Notice a Red Flag
Spotting a single red flag does not always mean abuse is occurring, but it is a reason to look closer. Consider taking the following steps:
- Document what you observe. Note dates, times, and specific conditions you see during visits.
- Ask direct questions. Facility staff are not required to answer every question, but open-ended questions about policies, staffing, and incident history can reveal a great deal.
- Review the state survey. Florida’s nursing home report guides let you compare a facility’s inspection history against similar facilities in the area.
- Report suspected abuse or neglect. Contact Adult Protective Services or local law enforcement if you believe a resident is at risk.
- Talk to an attorney. An attorney who focuses on nursing home neglect cases can help you understand whether the facility’s conduct may support a legal claim.
Related reading: our overview of the common types of nursing home abuse and neglect goes into more detail on the specific conduct that can give rise to a claim.
Legal Help for Nursing Home Abuse and Neglect
You have the right to expect quality care for yourself or a loved one. If you suspect or have suffered from nursing home abuse or neglect, report it to the police or Adult Protective Services, and reach out to our firm to discuss your options. Under Florida Statute § 400.023, residents and their families can pursue a civil claim when a facility’s negligence causes injury or harm, separate from any regulatory action the state may take against the facility.
At The Wiseman Law Firm, our attorney has over two decades of legal experience and is equipped to help families evaluate potential nursing home abuse and neglect claims.
Schedule a case consultation today by completing our online contact form.
Frequently Asked Questions About Nursing Home Red Flags
How often should I visit a family member in a nursing home?
There is no legal minimum, but frequent, unannounced visits at different times of day give you the best picture of a facility’s true conditions. Regular visits also let staff know that a resident has an engaged family checking on their care.
Can a facility restrict when I visit my loved one?
Facilities can set reasonable hours, such as limiting overnight access, but broad restrictions on daytime or unscheduled visits can be a red flag. Ask the facility to explain its written visitation policy in detail.
Where can I find a nursing home’s inspection history in Florida?
Florida’s Agency for Health Care Administration publishes state survey results and complaint investigation summaries for licensed facilities. Reviewing this history alongside your own observations gives you a more complete picture of a facility’s track record.
What should I do first if I suspect neglect at a facility?
Document what you observe with dates and details, report your concerns to Adult Protective Services or local law enforcement, and speak with an attorney who focuses on nursing home neglect cases about your options going forward.
Can I sue a nursing home even if my loved one signed an arbitration agreement?
It depends on how the agreement was signed and what it covers. Some arbitration clauses are enforceable, while others can be challenged based on how they were presented or who had authority to sign them. An attorney can review the specific agreement to advise you on your options.
About the Attorney
Founding Attorney, The Wiseman Law Firm
Simon Wiseman brings more than 23 years of trial-tested legal experience to families in Central Florida, including personal injury and nursing home neglect matters. A former state prosecutor who handled nearly 40 jury trials in Orange County, he built The Wiseman Law Firm to give clients thorough, insider-informed representation.
