Nursing Home Abuse FAQ

Nursing home abuse occurs when any act by a caregiver, intentional or negligent, causes harm or creates a risk of harm to a resident in a nursing home, assisted living facility, or rehabilitation center. That covers physical abuse, emotional abuse, sexual abuse, and financial exploitation, among others. Florida law provides strong protections for residents across all types of long-term care settings.

Neglect occurs when a nursing home, assisted living facility, or rehabilitation center fails to provide the care a resident needs to remain healthy and safe. Common examples include bedsores that shouldn’t have developed, inadequate food or water, medication errors, residents left sitting in soiled clothing, unsanitary conditions, and medical needs that go unaddressed. Neglect can do just as much damage as outright abuse.

Call the Florida Department of Children and Families (DCF) Abuse Hotline at 1-800-962-2873, or file a report online through the DCF website. You can also reach out to local law enforcement, the Agency for Health Care Administration (AHCA), or the Long-Term Care Ombudsman Program. You can report anonymously, and Florida law protects reporters from retaliation. This applies to abuse in nursing homes, assisted living facilities, and rehabilitation centers.

Yes. Florida’s Nursing Home Resident Rights Act and Assisted Living Facility Act give residents specific legal protections, and facilities that violate those rights can be held liable. A successful claim can result in compensation for medical expenses and pain and suffering, and punitive damages in some cases. Family members or legal representatives can file on behalf of the resident.

You need to demonstrate that the nursing home, assisted living facility, or rehabilitation center owed the resident a duty of care, failed to meet that duty, and the failure caused harm. The evidence that matters includes medical records showing injuries or declining health, facility inspection reports, staffing logs, testimony from other residents or staff members, photos of injuries or unsanitary conditions, and expert opinions from medical professionals.

Most cases against nursing homes, assisted living facilities, and rehabilitation centers take one to three years in Florida. The timeline depends on how severe the injuries are, how many defendants are involved, what evidence is available, and whether the facility’s insurer is willing to negotiate.

Settlement amounts vary a great deal. Cases involving bedsores, malnutrition, or falls often settle in the mid-five to low-six figures. Wrongful death cases, severe physical abuse, or situations where the facility had a pattern of failures can produce settlements or verdicts well into the millions.

Look for unexplained bruises, cuts, or fractures, sudden weight loss or signs of dehydration, poor hygiene or dirty living conditions, and bedsores. In terms of wellbeing, pay attention to a resident who seems withdrawn, anxious, or afraid. There may also be unexpected changes in finances, medication errors, and staff who get evasive when you ask questions. If you witness any of these at a nursing home, assisted living facility, or rehabilitation center, document what you find and report it.

The resident can file if they’re mentally competent. If not, a legal guardian, family member, or court-appointed personal representative can file on their behalf. If the resident died because of abuse or neglect at a nursing home, assisted living facility, or rehabilitation center, the estate’s personal representative can bring a wrongful death claim for the surviving family.

Yes. The Florida Assisted Living Facility Act sets specific standards of care, establishes resident rights, and lays out reporting requirements for ALFs. Rehabilitation centers fall under separate state and federal regulations governing patient care and safety. If a resident suffers harm from negligence in either type of facility, the resident or their family can pursue a legal claim just as they would against a traditional nursing home.

Absolutely. Like nursing homes, these facilities have the same obligation to provide adequate care, supervision, and a safe environment. When they fall short and a resident gets hurt as a result, the facility can be held liable.