Responding to Nursing Home Abuse in Florida

You should not delay in reporting your concerns to the Florida Agency for Health Care Administration and alerting local law enforcement if you have noticed signs of abuse. The tenacious and resourceful Miami nursing negligence attorneys at The Alvarez Law Firm will help you take a tough stand against the nursing home that injured your loved one. Our nursing home abuse attorneys can help you understand your legal rights and options. We will help you hold the nursing home and the negligent doctors and staff responsible for abuse or malpractice to achieve the maximum financial compensation and the justice your loved ones deserve.

Signs of Nursing Home Neglect in Florida

You should not delay in speaking with an informed attorney quickly if you suspect your loved one was abused while in a nursing home. There are 5 leading forms of nursing home abuse as per the Department of Health and Human Services. These are:


The resident is deprived of medication, clothing, water, food, healthcare, and a clean, safe, and healthy environment.

Sexual assault or abuse

This involves inappropriate and non-consensual sexual contact, like sodomy, rape, unwanted touching, sexual humiliation, coercion, indecent exposure, sexual intimidation, and sharing pornography.

Financial abuse

This form of abuse involves thievery of a patient’s cash, credit cards, and personal belongings.

Physical assault

This involves choking, physical restraint, pinching, kicking, and slapping.

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Rights of a Nursing Home Resident in Florida

Residents of nursing homes are entitled to basic rights under Florida Statute 400.022. It is important that residents and their family members are aware of these rights since lawsuits often stem from the violation of these rights. Violations should be followed with swift legal action to protect other potential victims.

These are a few rights entitled to nursing home residents in Florida:

  • Right to be treated with dignity, fairness, and respect
  • Freedom from emotional, financial, physical, and mental abuse
  • Right to services that preserve health
  • Right to present grievances and issues without the fear of repercussion
  • Right to participate in communal, social, and religious activities
  • Right to private and unmonitored phone calls
  • Reasonable selection of physician and pharmacy
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Recognizing the Signs of Elder Abuse and Neglect

Assisted living facility abuse remains unheard of and unreported because residents are made to fear repercussions and backlash. These are a few methods that can help you identify mistreatment:

  • Unexplained injuries
  • Bruises
  • Pressure sores and bedsores
  • Unnecessary weight loss
  • Bleeding and bloody clothing
  • Lack of hygiene
  • Slip-and-fall accidents
  • Chemical restraints

You should report these findings to the management and immediately consult with a qualified nursing home abuse attorney who knows how to win cases inside and outside the courtroom.

Florida Statutes on Nursing Home Abuse and Neglect

Nursing home residents have the right to pursue civil action in the event their rights get violated under Florida Statute 400.023. The family can file a wrongful death claim if the violation resulted in a wrongful death claim. Taking all of this into account, the plaintiff is required to establish that a certain duty of care was owed by the defendant (nursing home) and that the defendant violated or breached that duty of care.

Attorneys also need to prove that the resident suffered injury, damage, loss, or death because of the breach. As per Florida Statute 429.296, the plaintiff has a two-year timeframe to file a claim.

The statute of limitation comes into force when any of these things occur:

  • The harmful incident happened
  • The victim or their representatives learn of the injury
  • The victim or their family should have become reasonably aware that the cause of injury was a specific incident

The statute of limitations may get extended in some cases. This can be if the incident was intentionally or fraudulently concealed or misrepresented. In cases under this column, the statute of limitations may be extended to 4 or 6 years.

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Suing a Florida Assisted Living Facility

The resident or their family can file a nursing home abuse lawsuit in Florida if they were abused or neglected. The claim can be filed for recovering compensation for both economic and non-economic damages. A wrongful death lawsuit may be filed to recover compensation for:

  • Medical care expenses
  • Hospitalization costs
  • Loss of companionship
  • Lost past and future wages
  • Loss of consortium
  • Physical, occupational, diagnostic, and rehabilitation therapies
  • Nontangible damages, including mental anxiety, pain and suffering, grieving, and emotional harm

Get a Competent and Compassionate Nursing Home Abuse and Malpractice Attorney on Your Side

Let the dedicated and accomplished Miami nursing negligence attorneys at The Alvarez Law Firm investigate what happened and file a lawsuit to obtain justice and compensation for your loved ones. Nursing home injuries and deaths should not be ignored. The Alvarez Law Firm has a proud reputation for achieving substantial damage compensation for victims of nursing home abuse in Florida facilities. We have decades of combined experience, extensive legal skills, and resources to successfully handle all types of personal injury claims, including nursing home malpractice, abuse, and neglect. To set up your complimentary consultation, call us at 305-444-7675 or reach us online.

Let’s talk about your case.

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