Nursing Home Abuse
Attorneys in Stuart

You trust the staff at an assisted living facility to provide a high standard of care to your loved one. There is no excuse when you begin to notice signs of abuse or neglect. Our nursing home abuse lawyers in Stuart have decades of experience defending the rights of victims statewide.

As a firm, we’ve recovered over $1 Billion for Florida personal injury claimants. When you choose Gordon & Partners, we begin our process free of charge, including a full comprehensive case review. You don’t pay unless we win for you!

Don’t hesitate to contact our Stuart nursing home abuse firm—complete a Free Case Evaluation form or call 1 (855) 722-2552.

Nursing home abuse can take many forms, such as physical, sexual, or psychological abuse. For instance, physical abuse might involve harmful actions like hitting or inappropriate restraint.

If you believe your loved one is experiencing any form of abuse, you could be eligible for compensation. Get in touch with one of our nursing home lawyers in Stuart today to schedule a FREE, no-obligation case review.

Nursing home abuse and nursing home neglect are related but distinct categories. Mistreating elderly residents characterizes both offenses, but nursing home neglect is different from abuse.

Neglect happens when caregivers do not provide the essential care and attention residents need, resulting in harm or a significant risk of harm. Unlike abuse, which is usually intentional and aggressive, neglect can be passive—stemming from oversight or understaffing—or active, where care is intentionally withheld. Examples include:

• Not providing sufficient food and water
• Neglecting basic hygiene needs
• Leaving residents unattended for long periods
• Withholding necessary medical care

To better understand how the classification of mistreatment as either abuse or neglect could affect your legal options, consult with nursing home abuse attorneys for expert advice.

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 address and resolve these complaints promptly.
• 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 Stuart nursing home abuse attorneys for a free, no-obligation consultation.

Nursing homes and assisted living facilities in Florida must adhere to 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) offers residents many of the same protections as federal law, with some important differences, including:

• The right to private, unrestricted communication – Residents have the right to communicate freely with anyone they choose between 9 a.m. and 9 p.m., whether by phone or in-person visits.
• The right to use personal clothing and property – Residents are allowed to use their own clothing and personal belongings unless the facility can prove 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 receive 45 days’ notice before being transferred or expelled from the facility. If a resident is mentally incapacitated, this notice must be given to their guardian. Immediate termination of residency without notice is only permissible if a court of law determines there is good cause.
• The right to be informed about grievance procedures – Residents have the right to be informed about the facility’s grievance procedures and must have access to ombudsman volunteers and advocates.
• The right to regular exercise – Residents must be given reasonable opportunities for regular exercise several times a week.

Let our nursing home abuse firm in Stuart fight to secure the compensation your loved one deserves. Call 1 (855) 722-2552, and we’ll review your case and advise you of your legal options.

Different forms of compensation may be available. Depending on the particular facts of your case, we may be able to recover:

Economic Damages

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

Non-Economic Damages

Non-economic damages in Florida do not have a set dollar amount and can cover:

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

Punitive Damages

Punitive damages are awarded in severe cases of abuse or neglect. These 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.

​​Florida’s statute of limitations restricts the time you have to file a lawsuit. You must file within this timeframe or 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’ Stuart nursing home abuse attorneys today.