Nursing Home Abuse and Neglect
Nursing homes are designed to play a vital role in providing twenty-four (24) hour care and support to some of society’s most vulnerable members. In fact, nursing homes often hold themselves out as specialists in the care and treatment of individuals dealing with Alzheimer’s/Dementia, frequent falls, wandering, malnutrition/dehydration, poor hygiene, skin breakdown, paralysis, and infections. Regrettably, nursing homes sometimes fail to meet their duties and responsibilities, resulting in dire consequences for residents. At FIDJ, we understand the physical and emotional toll nursing home abuse and neglect can inflict on residents and their families. While we cannot turn back the hands of time, we can seek justice and hold these facilities accountable for the pain and suffering they have caused.
If you suspect your loved one was injured at the hands of a nursing home, contact the experienced nursing home injury attorneys at FIDJ, before it’s too late.
Nursing Home
Residents
Have Rights!
Florida law guarantees powerful legal rights to every nursing home resident. These aren't just suggestions—they’re enforceable protections under Florida Statute § 400.022. If your loved one’s rights are being ignored, neglected, or outright violated, it’s time to take action.
Abuse and Neglect
Residents have the right to live free from physical abuse, emotional abuse, sexual abuse, exploitation, and neglect. No one—not staff, caregivers, or administrators—has the right to harm or ignore a resident’s needs. Period.
Respect and Dignity
Nursing homes must treat residents with fairness, compassion, and the fullest measure of dignity—no exceptions.
Freedom from Restraints
Physical or chemical restraints can only be used when medically necessary and documented by a licensed physician. They may not be used for staff convenience or as punishment.
Visitation
Family, friends, clergy, legal advocates, and ombudsmen must be allowed to visit. Loved ones have a right to connection and support.
Privacy & Communication
Residents are guaranteed the right to private conversations, personal mail, and phone calls—free from interference.
Medical Decisions
Every resident has the right to be informed of their medical condition and participate in treatment decisions, including the right to refuse care.
Grievances
Residents can speak out, file complaints, and demand better care—without fear of retaliation. Facilities are required to address these concerns promptly.
Safe Living Conditions
Facilities must provide a clean, secure environment with proper nutrition, hygiene, social interaction, and healthcare services.
Financial Protections
Residents have the right to control their own money, or designate someone they trust. Facilities must keep resident funds completely separate from their own.
Start Your Free Case Review
Who's Caring For Your Loved One?
If you're searching for a licensed nursing home in Florida — or something doesn’t feel right — use our directory. We've compiled a list of every Florida nursing home to help families stay in contact with their loved one, monitor care, and take action when needed. As advocates for the elderly, we believe transparency is the first step toward accountability.
FREQUENTLY ASKED QUESTIONS
I’m not sure if I have a nursing home abuse or neglect case. Can I speak with an attorney at FIDJ?
Absolutely. You can and should reach out to us if you have any concerns or suspicions regarding nursing home abuse or neglect. Our experienced nursing home injury attorneys are available to evaluate your situation and provide guidance on a path forward.
I cannot afford a lawyer. Can I still hire you to sue a nursing home?
Yes. The experienced nursing home injury attorneys at FIDJ work on a contingency fee basis. That means, we only get paid if there is a monetary recovery associated with your case.
I might have signed an arbitration agreement. Can I still sue the nursing home for damages?
Yes. It’s common for nursing homes to include arbitration clauses in their agreements as a way to keep cases out of the public eye and limit potential damages. However, the experienced nursing home injury attorneys at FIDJ can carefully assess the validity and enforceability of your arbitration clause. Depending on the circumstances, our experienced attorneys may be able to challenge and potentially invalidate the arbitration agreement, allowing your case to proceed to civil court where it can be heard before a jury. In the event an arbitration clause is enforceable, our attorneys can still represent you in the arbitration process.
How long do I have to file a nursing home abuse or neglect lawsuit?
In Florida, nursing home injury cases must be brought within two (2) years of the date of injury and/or the date of death. This two (2) year deadline is known as a “statute of limitations”. However, do not delay as there may be prior injuries that you do not know about. In addition, many nursing homes have notoriously high staff turnover rates. Therefore, unnecessary delay can make it more difficult to locate potential witnesses. To learn more about the applicable statute of limitations, check out our blog, "The Deadline to File a Florida Nursing Home, Assisted Living Facility, Group Home, or Adult Day Care Center Abuse or Neglect Case."
Is it normal to feel guilty for placing my loved one in a nursing home?
We frequently hear families express their guilt in placing a loved one in a nursing home. However, it’s important to remember that the decision is usually driven by an unwavering desire to ensure the best possible care for your loved one.
My loved one was injured at the hands of a nursing home that I selected. Should I feel responsible for my loved one’s pain and suffering?
Absolutely not. Your intention was to provide the best possible care for your loved one by choosing a nursing home that you believed could meet your loved one’s needs. When a nursing home fails to uphold its duty to provide proper care and protection, the responsibility for any associated injuries lies with the facility, not with you. You are not at fault for the actions of a facility that failed to provide the care it promised.
How long do nursing home injury cases last?
Each case is unique. While some cases settle before a lawsuit is filed, other cases require a trial. As a rule of thumb, however, you can expect a jury trial within two (2) years of filing your lawsuit. The finality of cases can be extended by the appellate process. If your case is subject to a valid arbitration clause, you can generally expect a quicker resolution.
Are you going to handle my case or refer it to another law firm?
We are not an attorney referral service. If we take your case, we handle your case.
Check out our latest blogs...
