South Florida is home to one of the largest populations of older adults in the country, and with that comes a heavy reliance on nursing homes and long-term care facilities. Most of these facilities provide the attentive care families expect. When they don't, the consequences can be fatal — and Florida law gives grieving families a real, but time-limited, path to accountability.
What Florida Law Requires of Nursing Homes
Florida Statute § 400.022, known as the Nursing Home Residents' Bill of Rights, requires every licensed facility in the state to guarantee residents specific protections, including:
- The right to receive adequate and appropriate health care;
- Freedom from mental, physical, and/or sexual abuse, corporal punishment, extended involuntary seclusion, and unauthorized physical or chemical restraints.
- The right to be treated with courtesy, fairness, and dignity;
- Privacy during medical treatment and personal care; and
- The right to refuse medication or treatment under certain circumstances.
Common Warning Signs of Neglect
- Unexplained bruising, fractures, or repeated falls;
- Bedsores or pressure ulcers, which rarely develop without prolonged neglect;
- Sudden weight loss, dehydration, or signs of malnutrition;
- Medication errors or unexplained changes in a resident's condition;
- Poor hygiene, unsanitary living conditions, or untreated infections; and/or
- A resident wandering away from the facility (elopement) due to inadequate supervision.
The 75-Day Presuit Notice Requirement
Florida does not allow families to walk straight into court. Before filing a nursing home negligence lawsuit, one must send the facility formal written notice by certified mail describing the alleged violation and the injuries or death that resulted. The facility and its insurer then have 75 days to investigate the claim, during which the statute of limitations is tolled. If the claim isn't resolved, mandatory mediation follows, and the family generally has 60 days (or the remainder of the limitations period, whichever is longer) to file suit afterward.
Skipping or mishandling this presuit process is treated as failing to complete a condition required before filing suit — meaning an otherwise valid case may be dismissed. This is one of the reasons families should involve an attorney early rather than after the notice period has already started running.
The Statute of Limitations Is Shorter Than Many Families Expect
Florida has a two-year statute of limitations on nursing home negligence claims. Generally, the clock starts running from the date of the injury or the date the injury or neglect was discovered or reasonably should have been discovered. Florida's Wrongful Death Act likewise applies a two-year period. Grieving families are often still processing a loss when this clock is already running, which is why prompt legal guidance matters — evidence such as staffing records, incident reports, and video footage can also disappear or be routinely purged.
What Damages Are Available
When neglect contributes to a resident's death certain damages may be pursued depending on the circumstances, including:
- Medical and final expenses incurred before death, and funeral and burial costs.
- The resident's pain and suffering;
- Lost support, services, and companionship;
- Mental anguish; and
- Punitive damages, where the facility's conduct rises to gross negligence or intentional misconduct.
What Families Can Do Right Now
- Request the resident's complete medical and care-plan records in writing;
- Photograph visible injuries, living conditions, and anything of concern; and
- Avoid signing any release, statement, or settlement offer from the facility or its insurer before speaking with an attorney.
Talk to a South Florida Injury Lawyer Today
If you or a loved one has been hurt because of someone else's negligence, the attorneys at Englander Peebles are ready to review your case at no cost. We handle these claims on a contingency-fee basis, so you pay nothing unless we recover for you.