Florida is home to one of the largest elderly populations in the country — and unfortunately, nursing home neglect and abuse is a serious problem in Miami-Dade and Broward County. If you have a loved one in a care facility, knowing the warning signs and legal protections can protect them.
Florida's Nursing Home Rights Law
The Florida Nursing Home Residents' Rights Act (Florida Statute § 400.022) establishes comprehensive rights for nursing home residents, including:
- The right to receive adequate and appropriate medical care
- The right to be free from physical, mental, and verbal abuse
- The right to be free from chemical and physical restraints used for convenience
- The right to privacy and dignity
- The right to participate in their own care decisions
Violations of these rights can form the basis of both regulatory complaints and civil lawsuits.
Warning Signs of Neglect and Abuse
Physical signs:
- Unexplained bruises, cuts, or burns
- Bedsores (pressure ulcers) — especially Stage 3 or 4 wounds, which indicate prolonged neglect
- Significant and unexplained weight loss
- Dehydration or malnutrition
- Poor hygiene — unchanged clothing, unwashed hair, unchanged diapers
Behavioral signs:
- Sudden withdrawal, fear, or anxiety
- Changes in behavior around specific staff members
- Reluctance to speak freely when staff are present
- Depression or confusion that was not previously present
Financial signs:
- Unexplained withdrawals from bank accounts
- Missing personal belongings
- Changes to wills or power of attorney documents
Types of Nursing Home Cases We Handle
Neglect — failure to provide adequate care, supervision, medication administration, or assistance with daily activities.
Physical abuse — hitting, restraining improperly, or rough handling by staff.
Medication errors — wrong medications, wrong doses, or failure to administer prescribed medications.
Fall injuries — falls that result from inadequate supervision, improper equipment, or failure to follow fall prevention protocols.
Bedsores — pressure ulcers that develop from leaving residents in one position for too long without repositioning.
Elopement — a resident with dementia wandering and being injured because the facility failed to secure exits properly.
What to Do If You Suspect Neglect or Abuse
- Photograph injuries immediately and date the photos
- Request medical records — you have the right as a family member or legal representative
- Report to the Florida Agency for Health Care Administration (AHCA) — 1-888-419-3456
- File a report with the Florida Long-Term Care Ombudsman — they investigate complaints and have access to facilities
- Remove your loved one from the facility if there is immediate risk of ongoing harm
- Contact an attorney — nursing home cases involve complex regulations and require expert medical testimony
Damages in Nursing Home Cases
Recoverable damages can include:
- Medical expenses for treating injuries caused by neglect or abuse
- Pain and suffering
- Mental anguish and emotional distress
- Enhanced damages (similar to punitive damages) under Florida's nursing home statute for particularly egregious conduct
- Wrongful death damages if neglect caused or contributed to a resident's death
Gonzalez Munoz Law handles nursing home neglect and abuse cases in Miami-Dade and Broward County. If your loved one was harmed in a Florida care facility, call 305-770-6666 for a free, confidential consultation. No fee unless we win.