Florida Nursing Home Abuse Attorneys

Our Florida nursing home abuse attorneys have decades of experience defending the rights of the abused statewide. As a firm, we’ve recovered over $1 Billion in compensation for Florida personal injury victims.

Please note that when you choose Gordon & Partners, we begin our process free of charge, including a full comprehensive case review. If our partnership continues, then you won’t pay until we win for you!

Don’t wait; complete a Free Case Evaluation form or call 1 (855) 722-2552 to speak with one of our Florida nursing home abuse lawyers today.

There are various forms of nursing home abuse, including physical abuse, sexual abuse, and psychological abuse. For example, physical abuse may include harmful actions like hitting or improper restraint. For more details on what constitutes nursing home abuse, read our full blog here.

If you suspect your loved one is suffering from any form of abuse, you may be entitled to compensation. Contact one of our Florida nursing home abuse attorneys today to schedule a FREE, no-obligation case review.

Did you know that nursing home abuse and nursing home neglect are different? While both involve the mistreatment of elderly residents, nursing home neglect is distinct from abuse.

Neglect occurs when caregivers fail to provide the necessary care and attention that residents require, leading to harm or significant risk. Unlike abuse, which is typically intentional and aggressive, neglect can be either passive—due to oversight or understaffing—or active, where care is deliberately withheld. Examples include:

• Failing to provide adequate food and water
• Ignoring basic hygiene needs
• Leaving residents unattended for extended periods
• Withholding necessary medical treatment

For further clarity on how the classification of mistreatment as abuse or neglect could impact your legal options, consult a nursing or retirement home abuse lawyer in Florida for expert guidance.

Holding Nursing Homes Accountable

As a leading nursing home abuse law firm in Florida, we are eager AND well-prepared to hold assisted living facilities, nursing homes, retirement homes, their staff members, and any other negligent parties accountable.

Under Florida Statute 400.023, victims of nursing home abuse have the right to pursue a civil lawsuit. Those who may file a lawsuit claim include:

• The resident themselves
• The resident’s legal guardian
• An individual or organization authorized by the resident to act on their behal
• The personal representative of a deceased resident if the abuse resulted in death

If you work with a Florida nursing home abuse lawyer, it’s mandatory they establish the following:

• That the person who abused or neglected your loved one owed them a duty of care, (i.e. a legal obligation to act as a reasonable person would under similar circumstances).
• That such breach occurred – the responsible party acted negligently or recklessly, violating their obligation to care for the resident.
• The breach resulted in harm to your loved one. In other words, your Florida nursing home abuse attorney must establish that this breach was the direct cause of your loved one’s injuries or death and led to damages such as medical bills or emotional distress.

About the Nursing Home Reform Law

Nursing homes participating in Medicaid or Medicare must adhere to the federal Nursing Home Reform Law of 1987, which mandates that care provided to residents upholds their dignity, choice, and self-determination.

The Nursing Home Reform Law guarantees the following rights for nursing home residents:

• The right to be treated with respect, freedom, and dignity – Residents are entitled to live without any form of abuse, corporal punishment, involuntary seclusion, or the use of physical or chemical restraints.
• The right to make their own choices – This includes decisions about what to wear, how to spend leisure time, medical care, participation in activities, and financial affairs management.
• The right to be informed about medical issues – Residents have the right to be fully informed of any changes in their medical condition, to refuse medications or treatments, to decline physical or chemical restraints, and to access their medical records.
• The right to be informed about nursing home policies and procedures—This includes receiving a written copy of their rights and facility rules, advance notice of room or roommate changes, and information on the cost of services.
• The right to bring grievances – Residents must be allowed to voice complaints to nursing home staff without fear of retaliation, and the facility is required to promptly address and resolve these complaints.
• The right to privacy – Residents have the right to private, unrestricted communication with anyone they choose, and their privacy must be respected in personal, financial, and medical matters.

If any of these rights have been violated, you may have grounds for a nursing home abuse and/or neglect claim. Contact one of our Florida nursing home abuse attorneys for a free, no-obligation consultation.

Florida’s Resident Bill of Rights for Nursing Homes

Nursing homes and assisted living facilities in Florida are required to comply with both the state’s nursing home abuse law and the federal Nursing Home Reform Law. Florida’s Resident Bill of Rights (Title XXX Chapter 429.28) grants residents many of the same protections as the federal law, with some key distinctions, including:

• The right to private, unrestricted communication – Residents are entitled to communicate freely with anyone of their choosing between 9 a.m. and 9 p.m., whether by phone or in-person visits.
• The right to use personal clothing and property – Residents may use their own clothes and personal items unless the facility can demonstrate that doing so is impractical, unsafe, or infringes on the rights of others.
• The right to 45 days’ notice before a transfer or expulsion – Residents must be given 45 days’ notice before being transferred or expelled from the facility. If a resident is mentally incapacitated, this notice must be provided to their guardian. Residency can only be terminated without notice if good cause is shown in a court of law.
• The right to be informed about grievance procedures – Residents have the right to be notified about the facility’s grievance procedures and must have access to ombudsman volunteers and advocates.
• The right to regular exercise – Residents must be provided with reasonable opportunities for regular exercise several times a week.

Gordon & Partners Florida nursing home abuse attorneys are well-versed in both Florida state and federal laws governing the rights of nursing home residents. We have extensive experience with identifying violations and holding responsible parties accountable.

All we want to do is fight to secure fair compensation for residents who have suffered abuse. If you’ll let us, we’d be proud to work with you. Call us today at 1 (855) 722-2552 to explore your legal options.

Depending on the specifics of your case, we may be able to recover various forms of compensation for different kinds of damages, such as:

Economic Damages

• Hospital expenses
• Ambulance transportation
• Physical therapy
• Doctor visits
• Durable medical equipment
• Home healthcare services
• Attorneys’ fees
• Prescription medications

Non-Economic Damages

In Florida, non-economic damages do not have a set dollar value and can cover:

• Physical pain resulting from the abuse
• Emotional suffering
• Physical impairment
• Disfigurement
• Loss of enjoyment of life
• Inconvenience

Punitive Damages

These are awarded in cases of particularly severe abuse or neglect. Florida statutes do not cap economic or non-economic damages, allowing for full recovery of these types. However, punitive damages are capped at $500,000 or three times the amount of compensatory damages, whichever is greater, as per Florida Statutes Title XLV, section 768.73.

Our dedicated Florida nursing home abuse attorneys are committed to securing the maximum compensation for your case.

Complete a Free Case Evaluation form or call 1 (855) 722-2552 to get started.

​​In Florida, the statute of limitations sets a time limit for filing a lawsuit. If you fail to file within this timeframe, you forfeit your right to pursue legal action.

For nursing home abuse claims, Florida law allows two years from the date of the incident, the date the abuse was discovered, or the date when the victim or their family should have reasonably known about the injury to file a lawsuit.

In cases where the injury takes time to uncover, the statute of limitations may be extended; however, it cannot exceed six years. For further assistance, contact Gordon & Partners’ Florida nursing home abuse law firm today.