Florida has one of the strongest laws in the country protecting citizens that are in nursing homes. In Florida, nursing home residents have a long list of rights including the right to adequate medical care, therapeutic and rehabilitative services, privacy, courtesy, dignity, protection from other residents, and the right to be free from mental and physical abuse. If you notice that your family member’s rights have been violated or are being violated, then you have the right to bring a lawsuit under Florida’s nursing home law for actual and punitive damages as well as attorney’s fees.
Florida Statute 400.022 list the rights that nursing home residents have. I represent families of persons that have suffered from the negligence of nursing homes in Miami and Broward Counties:
Unexplained Injury or Death
Pressure Sores
Malnutrition
Falls
Dehydration
Sexual Assault (from staff or another resident)
Damages
There are two broad categories of damages available: Economic and Non-Economic. Damages for pain and suffering fall into the non-economic category. Following is a break-down of the types of harm covered under economic and non-economic damages:
In nursing home neglect cases, economic damages may include:
- Medical expenses – past and future
- Lost support and services
- Any other economic loss that would not have occurred but for the injury
Non-economic damages may include:
- Pain and suffering
- Mental anguish
- Inconvenience
Punitive damages are available but Florida Statute 400.0238 limits the amount of punitive damages that may be collected.
Statute of Limitations
In Florida, a person must bring a nursing home negligence or abuse claim within two (2) years from the date of the incident or from the time it was discovered or should have been discovered under normal circumstances. In no instance, shall the claim be filed after four (4) years have passed from the date of the incident or from the time it was discovered or should have been discovered under normal circumstances. Florida Statute 400.0236
Contact me today for a free consultation from a nursing home abuse attorney if you have a family member in a nursing home or that has recently passed away in a nursing home and you feel that the nursing home was negligent. I do not charge a fee unless I recover money from the nursing home.
The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a Miami personal injury attorney about your legal rights and responsibilities regarding your particular case.