Nursing Home Abuse Attorney
in West Palm Beach

Our personal injury attorneys have over 200 years of combined experience defending the rights of victims statewide. As a firm, we’ve recovered over $1 Billion in compensation for Florida personal injury victims.

When you select Gordon & Partners law firm, our process starts at no cost to you, which includes a thorough and comprehensive review of your case. If we decide to move forward together, you won’t owe us anything until we win for you!

Don’t delay—fill out a Free Case Evaluation form or call 1 (855) 722-2552 to connect with a nursing home abuse attorney in West Palm Beach today.

Nursing home abuse can take many forms, such as physical, sexual, and psychological abuse. For instance, physical abuse might involve actions like hitting or the use of improper restraints. To learn more about what qualifies as nursing home abuse, check out our blog here.

If you believe your loved one is experiencing any kind of abuse, you may be eligible for compensation. Reach out to one of our West Palm Beach nursing home abuse lawyers today to arrange a FREE, no-obligation consultation.

Did you know there’s a difference between nursing home abuse and nursing home neglect? Although both involve mistreating elderly residents, they are not the same.

Neglect happens when caregivers don’t provide the essential care and attention that residents need, resulting in harm or a serious risk of harm. Unlike abuse, which is usually intentional and hostile, neglect can be passive—due to oversight or understaffing—or active, where care is intentionally withheld. Examples of neglect include:

• Failing to provide enough food and water
• Overlooking basic hygiene requirements
• Leaving residents alone for long periods
• Not giving necessary medical treatment

To better understand how these distinctions between abuse and neglect might affect your legal rights in West Palm Beach, it’s advisable to consult a nursing home abuse attorney for professional advice.

Holding Nursing Homes & Assisted Living Facilities Accountable

As a top-rated nursing home abuse law firm in West Palm Beach, we are committed and fully equipped to hold assisted living facilities, nursing homes, retirement homes, their staff, and other negligent parties accountable.

According to Florida Statute 400.023, victims of nursing home abuse are entitled to seek justice through a civil lawsuit. Those eligible to file a claim include:

• The resident themselves
• The resident’s legal guardian
• An individual or organization authorized to act on the resident’s behalf
• The personal representative of a deceased resident, if the abuse led to their death

When working with a nursing home abuse attorney in West Palm Beach, you’ll need to prove the following:

• The individual who abused or neglected your loved one had a duty of care, meaning a legal responsibility to act reasonably under the circumstances.
• This duty of care was breached due to negligence or reckless behavior, violating their obligation to provide proper care to the resident.
• This breach directly caused harm to your loved one, leading to injuries, death, or damages such as medical expenses or emotional suffering.

About the Nursing Home Reform Law

Nursing homes that receive Medicaid or Medicare funding are required to comply with the federal Nursing Home Reform Act of 1987. This law ensures that residents receive care that respects their dignity, autonomy, and right to make their own choices.

The Nursing Home Reform Act guarantees the following rights for residents:

• The right to respect, freedom, and dignity: Residents are entitled to live without experiencing any form of abuse, corporal punishment, involuntary seclusion, or the use of physical or chemical restraints.
• The right to make personal choices: This covers decisions regarding clothing, leisure activities, medical care, participation in activities, and management of personal finances.
• The right to be informed about their medical care: Residents have the right to be fully informed of changes in their health, refuse medications or treatments, decline the use of physical or chemical restraints, and access their medical records.
• The right to be informed about facility policies and procedures: This includes receiving a written copy of their rights and facility rules, advance notice of room or roommate changes, and details about service costs.
• The right to file grievances: Residents should be able to raise concerns or complaints with the nursing home staff without fear of retaliation, and the facility is obligated to address these issues promptly.
• The right to privacy: Residents have the right to private communication with anyone of their choosing and must have their privacy respected in all personal, financial, and medical matters.

If you believe any of these rights have been violated, you may have grounds to file a claim for nursing home abuse or neglect. Please contact one of our nursing home abuse attorneys in West Palm Beach for a free, no-obligation consultation.

Florida’s Resident Bill of Rights for Nursing Homes

In Florida, nursing homes and assisted living facilities must adhere to both the state’s nursing home abuse laws and the federal Nursing Home Reform Law. The Florida Resident Bill of Rights (Title XXX Chapter 429.28) offers residents protections similar to the federal law, with some notable differences, including:

• The right to private, unrestricted communication: Residents have the right to communicate freely with anyone they choose, either by phone or in person, between 9 a.m. and 9 p.m.
• The right to use personal clothing and property: Residents are allowed to use their own clothing and personal belongings unless the facility can show that it is impractical, unsafe, or infringes on others’ rights.
• The right to 45 days’ notice before transfer or expulsion: Residents must be given a 45-day notice before being transferred or expelled. If a resident is mentally incapacitated, their guardian must be notified. Residency may only be terminated without notice if justified by a court of law.
• The right to be informed about grievance procedures: Residents are entitled to be informed about the facility’s grievance procedures and have access to ombudsman volunteers and advocates.
• The right to regular exercise: Facilities are required to provide residents with reasonable opportunities for regular exercise several times a week.

At Gordon & Partners, our nursing home abuse lawyers are experts in both Florida state and federal laws concerning nursing home residents’ rights. We have substantial experience identifying violations and holding accountable those responsible.

Our mission is to secure fair compensation for residents who have experienced abuse. We would be honored to work with you. Contact us today at 1 (855) 722-2552 to discuss your legal options.

Based on the specifics of your case, we may be able to seek different types of compensation for different categories of damages, including:

Economic Damages

• Hospital bills
• Ambulance transportation costs
• Physical therapy expenses
• Doctor visits
• Costs for durable medical equipment
• Home healthcare services
• Legal fees
• Prescription medication costs

Non-Economic Damages

In Florida, non-economic damages don’t have a fixed monetary value and may cover:

• Physical pain caused by the abuse
• Emotional distress
• Physical impairment
• Disfigurement
• Loss of enjoyment of life
• Inconvenience

Punitive Damages
These damages are awarded in cases of particularly egregious abuse or neglect. While Florida law does not place a cap on economic or non-economic damages, punitive damages are limited to $500,000 or three times the amount of compensatory damages, whichever is greater, according to Florida Statutes Title XLV, section 768.73.

Our committed team of West Palm Beach nursing home abuse lawyers strives to secure the highest possible compensation for your case.
To get started, fill out a Free Case Evaluation form or call 1 (855) 722-2552.

In Florida, there is a specific timeframe for filing a lawsuit, known as the statute of limitations. If you don’t initiate legal proceedings within this period, you lose the right to seek justice in court.

For cases involving nursing home abuse, Florida law permits you to file a lawsuit within two years from the date of the incident, the date the abuse was identified, or the date when the victim or their family reasonably should have become aware of the injury. If the harm isn’t immediately apparent, this time limit might be extended, but it cannot surpass six years from the incident date.

For more information, contact our nursing home abuse law firm in West Palm Beach.