Nursing Home Abuse FAQ

When a loved one is placed in a nursing home, families often have so many questions the process becomes overwhelming. If your loved one is abused or harmed while in assisted living, families have even more questions and concerns. On this page, we have compiled a list of the most frequently asked questions regarding nursing home abuse and neglect.

A victim of Florida nursing home abuse is entitled to hire a private attorney in order to file a civil lawsuit for compensatory damages for the violation of any of the resident’s rights. Subsequently, nursing home abuse or neglect can result in an investigation and fining by an adult protective services agency, a civil cause for action or lawsuit to recover damages on behalf of the victim and a criminal prosecution intended to punish malicious and intentional conduct.

Unfortunately, nursing home abuse and neglect is all too common of an occurrence. If you believe that your loved one may be a victim, it is important to confront the situation right away. With the help of a Florida nursing home attorney, you and your loved one may be able to pursue legal recourse. If you suspect that your loved one is being abused or neglected, contact an experienced West Palm Beach nursing home negligence lawyer to begin exploring your legal options and to, more importantly, put an end to the abuse.

Yes, nursing home residents or their dependents (in the event of a wrongful death) who have suffered an injury caused by misconduct or negligence in a Florida nursing home can sue the facility, regardless of if they have a contract with the home.

There is not a set time-frame in which a Florida nursing home injury claim will be settled. Depending on the case, it can take several weeks to several months for injury victims to receive fair justice and compensation for their lawsuit. Nursing home negligence cases are usually complex with extensive medical records, bills and the burden of proving that the facility or medical staff was negligent in their treatment of the resident.

Florida nursing homes are regulated by both state and federal authorities. The U.S. Department of Health and Human Services Centers for Medicare and Medicaid Services regulates nursing homes on a federal level. On a state level, the Florida Department of Health and the Florida Agency for Health Care Administration are responsible for regulating nursing homes.

It depends on whether the violations pose an immediate threat to the safety of residents. If a Florida nursing home is found in violation of regulations but resident’s safety is not directly or immediately affected, the facility is given the opportunity to create a Plan of Correction to enforce necessary changes. If resident safety is threatened, a facility can be fined by regulators, new supervisors can be appointed, new admissions and the nursing home’s license may be suspended in addition to other repercussions.