Placing a family member in a nursing home is an act of trust. You expect the facility and its staff to provide compassionate, professional care. When you start to see unexplained bruises, sudden changes in your loved one’s behavior, or a decline in hygiene, that trust begins to unravel.

Make no mistake: these are potential signs of abuse or neglect. Your questions are valid, and you have a right to demand answers. Florida law sets specific standards for nursing home care, and when those standards are not met, facilities can and should be held responsible.

Our firm has a deep background in handling claims against insurance companies, which are almost always the entities defending nursing homes in these cases. We understand their processes and how to build a case that clearly demonstrates a facility’s failure. 

If you are worried about the care your family member is receiving, call Your Insurance Attorney for a confidential discussion about your legal options at 888-570-5677.

Why Consider Your Insurance Attorney for a Nursing Home Abuse Claim?

When a nursing home’s carelessness harms a resident, its insurance company steps in to manage the claim. Our firm was built on years of experience dealing with these corporations from the inside. We operate on the intersection between medical science and the law—we know how these corporations operate, how they value claims, and how to construct a case that presents the facts in the clearest possible light.

We manage the entire process for you, positioning your claim for the maximum compensation available under Florida law.

• No Upfront Costs: We handle nursing home abuse claims on a contingency fee basis. This means you owe us nothing unless we recover money for you.
• Personalized Attention: Your case is handled by a dedicated team, ensuring direct communication and support. We have offices across Florida, including our headquarters at 2601 South Bayshore Drive in Miami’s Coconut Grove.
• A Record of Results: While every case is different, our firm has recovered over $1 billion for clients across all our practice areas. We are prepared to pursue the maximum compensation the law allows for your family.
• Bilingual Services: Our team includes attorneys and staff fluent in both English and Spanish to better serve Florida’s diverse communities.

Let us put our experience to work for you. Contact us for a free, no-obligation case review to discuss the details of your situation.

What Does Nursing Home Abuse and Neglect Look Like?

In some cases, abuse and neglect in a nursing home might be a single, violent act, but we usually see it happen as a slow, quiet decline in care. Florida law defines it as any intentional or negligent act by a caregiver that causes harm or a serious risk of harm to a vulnerable adult. If you see any of the following red flags, it’s time to get an opinion from a nursing home abuse lawyer.

Common Types of Abuse and Neglect

• Physical Abuse: This is any use of force that results in pain or injury, including hitting, pushing, or the improper use of restraints. Unexplained bruises, cuts, or fractures are common warning signs.
• Emotional or Psychological Abuse: This involves verbal assaults, threats, humiliation, or isolating a resident from family and friends. It is a widespread problem, with some studies showing more than 30% of residents reporting this kind of mistreatment.
• Neglect: This is the failure to provide the basic care a resident needs to thrive. It frequently breaks down into three areas:

• Basic Needs Neglect: Failing to provide enough food, water, or a clean and safe living space.
• Medical Neglect: Not giving a resident necessary medical attention, making medication errors, or ignoring developing problems like infections or bedsores.
• Personal Hygiene Neglect: Failing to help residents with bathing, grooming, and keeping their rooms clean, which leads to both physical discomfort and emotional distress.

• Financial Exploitation: This is the illegal or improper use of a resident’s money, property, or assets. It can range from stealing cash to coercing a resident into changing their will.
• Sexual Abuse: This includes any non-consensual sexual contact or harassment. Victims of this horrific abuse are often too afraid or unable to report it.

Beyond the Obvious: Recognizing Subtle Warning Signs

Sometimes, the most telling signs of neglect are not physical. Behavioral and emotional changes can tell a story of distress long before a bruise appears. Look for:

• Sudden Withdrawal: A resident who was once social and engaged suddenly becomes quiet, withdrawn, or unwilling to participate in activities.
• Unexplained Fear or Anxiety: Your loved one may show fear, agitation, or anxiety around certain staff members without a clear reason.
• Changes in Communication: They may become uncommunicative, evasive, or hesitant to speak in front of staff.
• Depression or Confusion: A noticeable increase in sadness, hopelessness, or confusion that is not consistent with a diagnosed medical condition.
• Reluctance to Have Visitors: They may seem to discourage you from visiting or appear anxious for you to leave.

You know your loved one best. If their behavior changes in a way that feels wrong, trust your instincts.

The Troubling State of Nursing Home Care in Florida

Nursing home abuse is a serious problem in Florida. State and national data reveal systemic challenges that directly impact the safety and well-being of residents. This is not to say all facilities are bad, but the statistics show a concerning pattern.

Florida-Specific Statistics

• Poor National Ranking: An AARP scorecard has consistently ranked Florida near the bottom of the nation for long-term care services, reflecting widespread challenges in quality and access.
• Widespread Understaffing: Staffing shortages are a primary cause of neglect. With relaxed state requirements, it is not uncommon for a single nurse aide to be responsible for up to 30 residents, making proper care nearly impossible.
• Serious Violations on the Rise: A few years back, state investigators cited 83 “Class 1” deficiencies in Florida nursing homes. These are the most severe violations, reserved for conditions that place residents in immediate danger.
• Abuse is Drastically Underreported: National estimates suggest that for every one case of elder abuse that is reported to authorities, as many as 23 cases go unreported. Residents are often unable to communicate what is happening or live in fear of retaliation.

State Oversight and Your Power to Report

Florida has agencies responsible for regulating nursing homes. Knowing who they are and how to contact them is a powerful step in protecting your family member.

• The Agency for Health Care Administration (AHCA): This is the main state agency that licenses and regulates Florida’s nursing homes. The AHCA website allows you to look up inspection reports and see if a facility is on the state’s “Watch List.”
• Reporting is Legally Required: Florida law mandates that anyone who suspects abuse, neglect, or exploitation of a vulnerable adult must report it. You can make a confidential report to the Florida Abuse Hotline at 1-800-96-ABUSE (1-800-962-2873).

How Compensation Is Determined in a Florida Nursing Home Abuse Claim

Filing a legal claim is about holding a negligent facility accountable and securing compensation for the harm your loved one endured. The purpose of these funds is to provide the resources needed to address both the financial and human costs of the abuse.

Economic Damages

These are the direct, calculable financial losses that resulted from the abuse. They are intended to reimburse the family for out-of-pocket expenses, such as:

• Medical Bills: Covers all costs for treating injuries caused by the neglect, including ER visits, hospital stays, doctor appointments, and therapy.
• Future Medical Needs: If the injury will require ongoing treatment, compensation can be sought for the projected cost of that future care.
• Relocation Costs: Any expenses associated with moving your loved one to a new, safer facility may be included.

Even if Medicare or private insurance initially paid the bills, we can still pursue the cost of that care from the at-fault facility.

Non-Economic Damages

These damages address the intangible harms that have no specific price tag but are just as real. They are meant to acknowledge the human cost of the abuse, including:

• Pain and Suffering: Compensation for the physical pain the resident was forced to endure.
• Emotional Distress: This addresses the fear, humiliation, and mental anguish caused by the mistreatment.
• Loss of Enjoyment of Life: If the injury prevents the resident from taking part in activities they once loved, this can be compensated.

In many nursing home abuse cases, non-economic damages are the largest component of a settlement or verdict.

Punitive Damages

In cases where a facility’s conduct was particularly reckless or malicious, a court may award punitive damages. These are not for compensating a loss but for punishing the wrongdoer and deterring similar behavior from happening again. They are reserved for the most serious cases of misconduct.

Wrongful Death Claims

If the abuse or neglect results in a resident’s death, the family can file a wrongful death claim. This allows them to recover damages for funeral expenses, lost companionship, and the pain and suffering from their loss.

The Legal Process: Your Rights and Critical Deadlines

Florida law grants specific rights to nursing home residents but also enforces strict timelines for taking legal action. Missing a deadline can mean forfeiting your right to file a claim, regardless of how strong your case is.

The Florida Statute of Limitations

A “statute of limitations” is a legal deadline for filing a lawsuit. If you miss it, the court can permanently dismiss your case.

• The Two-Year Rule: In Florida, you generally have two years to file a lawsuit for nursing home abuse or neglect. The clock typically starts on the date the incident happened or the date it was reasonably discovered.
• Wrongful Death: If a resident dies as a result of the abuse, the family has two years from the date of death to file a wrongful death lawsuit.
• Limited Exceptions: In some situations, such as when a facility actively conceals the abuse, the deadline may be extended. Relying on these exceptions is risky, which is why it is always best to act quickly.

Florida’s Residents’ Rights

Florida Statutes Chapter 400 establishes a bill of rights for nursing home residents. When a facility violates these rights and causes harm, it can be held legally responsible. These rights include:

• The right to be treated with dignity and respect.
• The right to be free from physical, mental, and financial abuse.
• The right to receive adequate and appropriate healthcare.
• The right to present grievances without fear of retaliation.

The Pre-Suit Process

Before a lawsuit can be filed, Florida law requires a formal “pre-suit” notice to be sent to the nursing home. This gives the facility and its insurer a 75-day period to investigate the claim and potentially make a settlement offer. This is a formal legal step that must be executed properly, and it’s a process a lawyer handles on your behalf.

What You Can Do Now to Protect Your Loved One

1. Document Everything: Start a journal. Write down every observation, including dates, times, names of staff, and specific details of what you saw or heard. Take photos of visible injuries, poor hygiene, or unsafe conditions in the facility. A detailed log is incredibly persuasive.
2. Put Your Concerns in Writing: Voice your concerns to the nursing home administration via email to create a paper trail. You should also file an official complaint with the Florida Agency for Health Care Administration (AHCA) at 1-888-419-3456 and the Florida Abuse Hotline at 1-800-96-ABUSE.
3. Keep All Paperwork: Organize every document related to your loved one’s care, including the admission agreement, medical records, and bills. This paperwork helps establish a timeline and a factual basis for the claim.
4. Monitor Their Finances: Regularly review bank and credit card statements for any unusual activity. Unexplained withdrawals or purchases may be a clear sign of financial exploitation.
5. Avoid Recorded Statements: The nursing home’s insurance company may contact you. Its role is to conduct a thorough investigation, looking for any evidence to argue you were at fault. It is best not to provide a recorded statement before speaking with an attorney.

Take the Next Step to Protect Your Family

Holding a negligent facility accountable does more than secure justice for your family; it helps protect other residents from the same fate. It sends a message that substandard care is unacceptable. Our role is to handle the legal work, guide you through the process, and pursue the full compensation available under the law.

The conversation is confidential, and there is no charge for the consultation. Let us help you find clarity, regardless of whether we ultimately work together. Call Your Insurance Attorney today at 888-570-5677.