According to the World Health Organization, one in six adults aged 60 years or older experienced some form of abuse in the past year. In Florida, nursing home residents have specific legal rights. When those rights are violated, an Orlando nursing home abuse attorney helps families fight back.
Common Forms of Nursing Home Abuse and Neglect
Abuse takes many forms, and not all leave visible marks. The National Center on Elder Abuse tracks five main categories.
Physical Abuse
A caregiver hits, slaps, pushes, or restrains a resident. Physical abuse can also include unsafe handling during transfers or feeding times.
Emotional Abuse
Yelling, threats, isolation, and humiliation are types of emotional abuse. Psychological abuse is common in long-term care.
Sexual Abuse
Any sexual contact with a resident who cannot or did not consent.
Financial Exploitation
A caregiver, family member, or stranger takes money or assets from a resident. This includes forging signatures and pressuring changes to wills.
Neglect
Sometimes, residents and patients are hurt more by what didn’t happen. Skipped meals, missed medications, untreated infections, and untreated bedsores are all neglect.
Resident-on-Resident Abuse
A nursing home is responsible for protecting residents from each other. When staff fail to intervene, the facility can be held liable.
The line between poor care and legal abuse can be blurry. Don’t risk your loved one’s health by navigating this situation alone. Our Orlando nursing home neglect attorneys can help you decide what to do.
How to Report Nursing Home Abuse in Florida
If you suspect abuse, you don’t need to wait for proof. Florida law allows reports based on reasonable suspicion. These are steps you can take to protect your family and your case.
- Call 911 if there’s immediate danger.
- Call the Florida Abuse Hotline. The Florida Department of Children and Families (DCF) runs a 24/7 hotline at 1-800-96-ABUSE. You can also file online through DCF.
- Contact the Long-Term Care Ombudsman. Florida’s ombudsman program fights for nursing home residents. They can investigate complaints separately from DCF.
- Document everything. Record your loved one’s visible injuries, bedding, and the room. Save any communication from your loved one as well.
- Move your loved one if you can. If they’re in danger, get them to a safe place and to an independent doctor.
Remember that Florida law requires certain people to report. Under Florida Statute § 415.1034, doctors, nurses, social workers, and other professionals must report suspected abuse. Anyone can report abuse, but these people are mandatory reporters.
Why Acting Quickly is Critical in Nursing Home Abuse Lawsuits
Florida gives nursing home residents and their families specific legal protections. When facilities break those rules, families like yours can take them to court. These are the important rights and deadlines to know beforehand.
Florida’s Nursing Home Residents’ Rights Act
Florida Statute § 400.022 outlines specific rights for nursing home residents. This includes the right to dignity, to be free from abuse, and to receive proper care. When a facility violates these rights, families can pursue civil claims.
The 75-Day Pre-Suit Notice Rule
You must give the facility 75 days of written notice. This is the step you must take before filing a nursing home abuse lawsuit in Florida. You can’t file the lawsuit during that window.
Florida’s Two-Year Filing Deadline
You generally have two years from the date you knew, or should have known, about the abuse to file a lawsuit. Missing this deadline can end your case before it begins. Our Orlando legal team could help you determine when deadlines apply.
A successful claim provides for your family’s current and future needs. A claim can recover medical costs, pain and suffering, and emotional distress. Punitive damages may be possible in extreme cases. Read our guide on how to build a nursing home abuse case.
Common Questions About Hiring a Nursing Home Abuse Attorney
What does an Orlando nursing home abuse attorney do?
An Orlando nursing home abuse attorney is your family’s best advocate. They investigate the facility, gather medical records, and identify who is responsible. They also file the 75-day pre-suit notice required under Florida law.
How long do I have to file a nursing home abuse lawsuit in Florida?
You generally have two years from the date you knew, or should have known, about the abuse. Florida law also requires a 75-day pre-suit notice before filing. The best thing you can do is to start the process as soon as possible.
How do I report nursing home abuse in Orlando?
Call the Florida Abuse Hotline at 1-800-96-ABUSE. You can also file a report online through the Florida Department of Children and Families. But if your loved one is in immediate danger, you must call 911.
Can I sue a nursing home for neglect, even if there’s no physical injury?
Yes, you can. Florida’s Nursing Home Residents’ Rights Act protects residents and patients against harm. This act covers emotional abuse, financial exploitation, and dignity violations. A nursing home neglect attorney can help you decide if you have a case.
Who can be held liable for abuse in an Orlando nursing home?
It depends on the circumstances of your loved one’s case. Liability may fall on the staff member who hurt your relative, the facility itself, or third-party contractors. An Orlando elder abuse lawyer can help identify all responsible parties.
How much does it cost to hire an Orlando nursing home abuse attorney?
Most Orlando nursing home abuse attorneys work on a contingency fee basis. Alexander Shunnarah Trial Attorneys does the same. You pay nothing up front. You only pay if we win a settlement or verdict in your favor.
What evidence do I need to prove nursing home abuse?
Any documentation is critical. Examples include medical records, staff schedules, witness statements, and prior complaints against the facility. Plus, an attorney can subpoena records that families can’t access on their own.
Trust Alexander Shunnarah Trial Attorneys With Your Case
Alexander Shunnarah Trial Attorneys has fought for injured folks and their families for more than 20 years. We’ve recovered over $2 billion for clients nationwide. Don’t wait to hire an attorney, especially if you believe a loved one has been hurt in an Orlando nursing home.
Florida’s deadlines move fast. Schedule a free consultation today. We have offices in Orlando, Pensacola, Tallahassee, and West Palm Beach.
