Wrongful Death Due to the Negligence of a Florida Nursing Home, Assisted Living Facility, Group Home, or Adult Day Care Center
The Heartbreak of Wrongful Death Cases
Few things in life are as heart-wrenching as the loss of a loved one. The pain is profound and, at times, incomprehensible. This anguish is compounded when the loss is attributed to the negligence or wrongdoing of a nursing home, assisted living facility, group home, or adult day care center — places entrusted to care for your loved one. In such instances, the grief is accompanied by a complex mix of emotions, including guilt and regret, especially for those who made the difficult decision to place their loved one in a facility.
It is important to emphasize that the decision to entrust the care of a loved one to a nursing home or assisted living facility is never an easy one. Families often face challenging circumstances, such as the increasing care needs of an aging loved one or their inability to provide the specialized care required. In these moments, choosing professional care is an act of love, driven by the sincere desire to ensure the comfort, safety, and well-being of the family member.
However, when tragedy strikes, and a loved one’s death is the result of negligence or misconduct within these care facilities, it is crucial to understand that the responsibility lies squarely on the shoulders of those who failed in their duty to provide adequate care. It is not the fault of family members who, out of love and concern, placed their trust in the hands of supposed healthcare professionals and those who oversee them.
What Gives Rise to a Wrongful Death Claim in a Nursing Home, Assisted Living Facility, Group Home, or Adult Day Care Center?
Wrongful death in the context of nursing homes, assisted living facilities, group homes, and adult day care centers refers to situations where a resident's death is a result of the acts and/or omissions of staff (including management personnel and facility owners). This can encompass a range of issues stemming from abuse, neglect, and violations of recognized standards of care.
The Pursuit of Justice for Wrongful Death
Families can pursue legal action and hold these facilities accountable for their actions or inaction by seeking compensation for pain and suffering, medical expenses, funeral costs, emotional distress, and, in some cases, punitive damages. Families must understand that pursuing legal action is a courageous step towards accountability and ensuring that others do not suffer the same fate. By seeking legal redress, you give your loved one a voice.
Contact FIDJ for a Free Case Review
If your loved one died due to the negligence of a nursing home, assisted living facility, group home, or adult day care center, contact the experienced attorneys at FIDJ for a FREE case review.
Frequently Asked Questions Regarding Nursing Home, Assisted Living Facility, Group Home, and Adult Day Care Center Wrongful Death Cases
Can I sue a nursing home, assisted living facility, group home, or adult day care center for causing the death of my family member?
When a nursing home, assisted living facility, group home, or adult day care center causes or contributes to a resident’s death, the facility can and should be held legally responsible. In Florida, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate, on behalf of the surviving family members (such as a spouse, children, or parents). The claim can seek accountability and compensation for the emotional and financial losses caused by the facility’s negligence. Click through to learn more about damages available in nursing home, assisted living facility, group home, and adult day care center cases.
What qualifies as wrongful death in a nursing home, assisted living facility, or group home?
Wrongful death occurs when a resident dies because of a facility's negligence; that is, an act or failure to act that falls below the accepted standard of care. In simple terms, negligence means that the facility did something it shouldn't have done, or failed to do something it should have done, the result of which was a preventable injury and/or death.
In long-term care settings, wrongful death can result from untreated infections (like sepsis), falls, fractures, dehydration, malnutrition, medication errors, bedsores, or delayed medical treatment. These deaths are often preventable with proper staffing, supervision, and attention to residents’ needs. When a facility’s neglect, indifference, or poor oversight causes a resident’s death, the law allows families to seek accountability through a wrongful death lawsuit.
Who can file a wrongful death lawsuit in Florida?
Under the Florida Wrongful Death Act (Fla. Stat. § 768.16-768.26), the lawsuit must be filed by the personal representative of the deceased person’s estate. This person acts on behalf of the statutory survivors, which may include the spouse, children, parents, or other dependents who relied on the deceased for support or companionship or who now suffer emotional pain and loss as a result of the death. The personal representative is appointed by the probate court and has the legal authority to pursue claims on behalf of the survivors to recover damages caused by the facility’s negligence.
Who can recover damages in a wrongful death case, and for what?
Under Florida’s Wrongful Death Act, certain surviving family members called statutory survivors may recover damages when a resident dies because of neglect or abuse in a nursing home, assisted living facility, group home, or adult day care center. These survivors may include the spouse, children, parents, or other dependents who relied on the deceased for support or companionship. Survivors can recover compensation for their own pain and suffering, mental anguish, loss of companionship, protection, guidance, and financial support. The estate of the deceased may recover medical and funeral expenses and other financial losses related to the death. It is important to note, however, that these cases are not considered medical malpractice cases. Therefore, the rules regarding who can recover in medical malpractice cases do not apply to wrongful death claims arising from abuse or neglect in nursing homes, assisted living facilities, group homes, and adult day care centers. In cases involving reckless or intentional conduct, families may also seek punitive damages to punish the facility and deter future misconduct, but only if certain factors are satisfied.
How long do I have to file a lawsuit for wrongful death caused by a Florida nursing home, assisted living facility, group home, or adult day care center?
Florida’s statute of limitations for wrongful death caused by a nursing home, assisted living facility, group home, or adult day care center is generally two (2) years, but specific circumstances may extend this period. It’s important to speak with an attorney as soon as possible. For more information about statutes of limitation, check out our blog titled, "The Deadline to File a Florida Nursing Home, Assisted Living Facility, Group Home, or Adult Day Care Center Abuse or Neglect Case".
Why should I hire a Florida lawyer experienced in Florida nursing home, assisted living facility, group home, and adult day care center wrongful death cases?
Nursing home, assisted living facility, group home, and adult day care center wrongful death cases require attorneys who understand both the medical complexities and the unique Florida laws that protect residents of these facilities/providers. A skilled lawyer can obtain medical records, work with medical and nursing experts, and trace how the facility’s failures led to the resident's death. This experience is critical to proving liability, building a strong case, and securing full compensation for grieving family members.
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