When a Nursing Home Fails Your Loved One
Families trust nursing homes to keep their loved ones safe. When a facility is understaffed or fails to provide basic care, residents can suffer bedsores, falls, malnutrition, dehydration, medication errors, and in some cases abuse.
The Injury Advocates represents residents and families across Broward, Miami-Dade, and Palm Beach counties in serious nursing home abuse and neglect cases. We take these cases seriously, and our founder, Kweku Darfoor, is personally involved in every case we take on.
Florida’s Nursing Home Residents’ Rights Law
Florida law, in section 400.022, Florida Statutes, lists rights that every nursing home resident has, including the right to adequate and appropriate health care and to be free from abuse and neglect. When those rights are violated and a resident is harmed, Florida law allows a claim against the facility, which can be brought by the resident or by the resident’s representative or estate.
Before filing suit, Florida requires written notice to the facility by certified mail and a 75-day period for the facility and its insurer to evaluate the claim (section 400.0233). Assisted living facilities are governed by a separate but similar set of rules. Knowing which rules apply, and starting early, matters.
Warning Signs of Neglect or Abuse
Deadlines and What to Do Now
Under section 400.0236, Florida Statutes, a nursing home claim generally must be filed within two years of when the incident occurred or was discovered, and no later than four years after the incident, with a limited extension when the facility concealed what happened.
If your loved one is in immediate danger, call 911. You can report suspected abuse or neglect to the Florida Abuse Hotline at 1-800-96-ABUSE (1-800-962-2873). Take photos, keep notes of what you see, and request your loved one’s records. Then call us for a free review.
Nursing homes and their insurers have lawyers working to protect them from day one. We gather the records, work with medical professionals when needed, and hold facilities accountable for the harm they cause.
Why Families Choose The Injury Advocates
Common signs include bedsores, unexplained falls or injuries, sudden weight loss, dehydration, missed medications, poor hygiene, and sudden changes in mood or behavior. If you notice any of these, ask questions, document what you see, and get help.
Generally two years from when the incident occurred or was discovered, and no more than four years from the incident, with a limited extension if the facility concealed what happened. Florida also requires a presuit notice and a 75-day evaluation period before a lawsuit can be filed, so it is important to start early.
Nothing up front. Your consultation is free, and we handle injury cases on a contingency fee basis, which means our fee is a percentage of the money we recover for you. If we do not win your case, you owe no attorney’s fees and no case costs.
