Florida Nursing Home Negligence Lawyers
Nursing homes and assisted living facilities have a legal and ethical duty to provide safe, compassionate, and dignified care for elderly and disabled residents. Unfortunately, neglect and abuse are common in nursing homes, leading to serious injuries, emotional distress, and even wrongful death.
At Fogg Law Group, we help families hold nursing homes, staff members, and corporate owners accountable for neglect, abuse, and medical malpractice. If you suspect a loved one is being mistreated, we can help you take immediate legal action.
Types of Nursing Home Negligence
Nursing home negligence occurs when staff or administrators fail to meet the standard of care, resulting in harm to residents. This can take many forms, including:
1. Medical Negligence
- Failure to provide necessary medical care for infections, diabetes, or chronic illnesses.
- Medication errors, including overdoses or missed doses.
- Untreated infections leading to sepsis.
- Failure to monitor and prevent bedsores (pressure ulcers).
2. Neglect of Basic Needs
- Malnutrition and dehydration due to improper feeding.
- Lack of hygiene assistance, leading to infections and sores.
- Failure to provide climate control, leaving residents in extreme heat or cold.
3. Physical Abuse
- Hitting, pushing, or using excessive force during care.
- Restraint injuries from unnecessary physical or chemical restraints.
- Unexplained bruises, cuts, or fractures.
4. Emotional and Psychological Abuse
- Verbal threats, humiliation, or intimidation by staff.
- Isolation or preventing communication with family members.
- Ignoring residents’ needs, leading to emotional distress.
5. Financial Exploitation
- Stealing money, credit cards, or valuables.
- Unauthorized changes to wills or financial accounts.
- Charging for unnecessary or fraudulent medical treatments.
Identifying Nursing Home Negligence
Families should be aware of warning signs that indicate a resident is experiencing neglect or abuse. Common red flags include:
- Frequent falls, broken bones, or unexplained injuries.
- Bedsores (pressure ulcers), infections, or untreated medical conditions.
- Sudden weight loss, dehydration, or malnutrition.
- Poor hygiene, soiled clothing, or unchanged bed linens.
- Depression, anxiety, or withdrawal from social activities.
- Fearfulness around staff or refusal to speak about conditions.
If you suspect nursing home negligence, document physical injuries, changes in behavior, and conversations with staff, then contact an attorney immediately.
Who Can Be Held Liable for Nursing Home Negligence?
Multiple parties may be responsible for abuse or neglect in a nursing home setting. Liability depends on who failed to provide proper care and who was responsible for overseeing operations.
1. Nursing Home Facilities & Corporations
- Failing to properly train and supervise staff.
- Understaffing, leading to neglect of residents.
- Failure to screen employees for criminal backgrounds.
- Ignoring safety regulations or cutting costs at residents’ expense.
2. Nurses, Caregivers, and Medical Staff
- Improper use of restraints or excessive force.
- Failure to monitor medical conditions, medications, and vital signs.
- Neglecting personal hygiene or mobility assistance.
3. Third-Party Contractors
- If food service providers, cleaning companies, or security contractors contribute to unsafe conditions, they may be held liable.
4. Doctors and Medical Professionals
- Misdiagnosing conditions or ignoring medical complaints.
- Administering incorrect medications or treatments.
- Failing to prevent infections, falls, or medical complications.
Florida Nursing Home Laws & Residents’ Rights
Florida has strict regulations governing nursing home care. The Florida Nursing Home Bill of Rights guarantees that residents:
- Receive adequate medical care, proper nutrition, and hygiene assistance.
- Are free from physical, emotional, and financial abuse.
- Have access to visitors and communication with family members.
- Can file complaints without fear of retaliation.
The Florida Agency for Health Care Administration (AHCA) enforces these laws, and facilities that fail to comply may face fines, license revocation, or lawsuits.
What Compensation Can Victims Recover?
Victims of nursing home abuse or neglect may be entitled to compensation for:
- Medical expenses, including hospitalizations and treatments.
- Pain and suffering caused by abuse or neglect.
- Emotional distress and diminished quality of life.
- Wrongful death damages for families who lost a loved one.
Steps to Take if You Suspect Nursing Home Negligence
- Document everything – Take photos of injuries, medical records, and staff interactions.
- Report the abuse – Notify the facility administrator, Florida AHCA, and law enforcement if necessary.
- Remove your loved one from danger – Relocate them if they are in immediate harm.
- Contact an attorney – A lawyer can investigate the case, gather evidence, and file a legal claim.
Florida Statute of Limitations for Nursing Home Negligence Cases
- Personal Injury Claims – Must be filed within two years from the date of injury (Florida Statutes § 400.0236).
- Wrongful Death Claims – Must be filed within two years from the date of death.
- Exceptions – If abuse or neglect was hidden or covered up, the statute may be extended.
If you miss these deadlines, you may lose your right to compensation.
Frequently Asked Questions
Can I sue a nursing home for negligence?
Yes. If staff, administrators, or the facility failed to provide proper care, you can file a nursing home negligence lawsuit.
What if my loved one is afraid to report abuse?
Many elderly residents fear retaliation. If you suspect abuse, document signs of neglect and speak with an attorney immediately.
Can multiple parties be held responsible?
Yes. Nursing home facilities, staff members, medical professionals, and third-party contractors may all share liability.
What if the nursing home denies responsibility?
Facilities often try to deny, cover up, or shift blame. An attorney can obtain records, interview witnesses, and hold them accountable.
What does it cost to hire a nursing home negligence lawyer?
We work on a contingency fee basis—you pay nothing unless we win your case.
Contact Fogg Law Group for a Free Consultation
If your loved one has suffered from nursing home negligence or abuse, we will fight to protect their rights and secure the compensation they deserve. Call 1-561-616-3000 or contact us online for a free consultation.