Nursing Home Negligence Lawsuit | Nursing Home Abuse Lawyer in Florida (2023)

Introduction

Florida is notorious for having a large population of seniors, many needing around-the-clock care and the assistance that a nursing home can provide. A nursing home is intended to provide our loved ones with the care they need as they age. We rely on them to keep our family members safe and comfortable. Sadly, nursing home neglect and nursing home abuse are all too common in Florida. Nursing home negligence cases are really difficult cases to handle. There are a number of nursing home injuries that are preventable with the right kind of care such as falls, ulcers, broken bones and even death.
The Florida legislature created a nursing home bill of rights with Florida Statutes 429.28. This statute aims at protecting nursing home residents and patients. A person has the right to live free of physical, mental, emotional and financial abuse. They may have access to the services that they need to maintain health and well-being. In addition, they can manage their own financial affairs and present concerns and grievances without retaliation. A patient or a family member has the right to bring about a civil claim against the nursing home for injuries or financial loss as a result of neglect or abuse. In Florida, nursing home negligence can be defined as the failure to provide it’s residents with a reasonable standard of care.
Robert Gluck has been handling nursing home abuse cases for decades and knows the laws in Florida regarding nursing home negligence and abuse cases. If you suspect a loved one has been the victim of nursing home negligence, it’s important you speak with an experienced nursing home abuse claims lawyer right away. Robert Gluck is available to discuss the circumstances of your case and give you honest advice on the best way to handle it. Call Robert Gluck right away at (877) Gluck-Law.

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Who is Robert Gluck
Robert Gluck graduated from the University of Miami Law School (cum laude) in 1989. He has been a practicing trial lawyer for over 32 years. Robert Gluck’s career started as an Assistant State Attorney, working for Janet Reno in the Miami-Dade County State Attorney's Office. While working as an Assistant State Attorney, he gained a great deal of experience in the courtroom, being involved in over 47 jury trials during that time. From 1991 until 1997 he spent time working as an attorney in two large law firms, handling Florida Personal Injury Claims, through settlement or Jury Trial, as well as handling many other types of cases including Criminal Defense Cases.

In 1998, he went into private practice and opened his own law office in the Fort Lauderdale / Plantation Florida area. A few years later, he opened his second office in Naples, to better serve his growing list of West Coast clients.

Words from Robert Gluck
“I saw how frustrating it was for clients who tried to establish a relationship with a Florida attorney in a multi-lawyer law firm, frequently dealing with different attorneys each time they visited. This made it difficult to maintain accurate records of what was happening in each Florida Personal Injury case, and the attorneys were not reachable for their clients.

This led to my decision to be the only attorney in my office while relying on an incredible support staff. This eliminates the problem of not knowing what is going on with each case; I know them all personally. Over the past twenty-eight years, I have gotten to know my clients personally as well. All clients have access to my cell phone number, and I am available for meetings at their convenience.”

**The content of this YouTube channel is provided for informational purposes only and is not intended to constitute legal advice. You should not rely upon any information contained on this YouTube channel for legal advice. Viewing this YouTube channel is not intended to and shall not create an attorney-client relationship between you and Robert Gluck.

Call The Law Offices of Robert Gluck at 877-Gluck-Law and schedule your free case evaluation.

Content

Hello, my name is Robert Gluck.

As, a trial lawyer here in Florida since 1989, I handle, many types of cases.

But one of them are nursing home.

Cases., Nursing, home negligence cases are really difficult cases to handle.

These are cases where where nursing homes really drop the ball.

Sometimes causing death to nursing home, residents, sometimes causing them serious injuries.

Many times.

They get decubitous ulcers because they're, not being moved enough.

Uh.

Many times there there are rails that are supposed to be up and they're falling out of beds and they're getting broken.

Hips., Uh staff, isn't responding.

And people are are trying to go to the bathroom on their own and falling and getting hurt.

Uh.

Sometimes people are choking risk and somebody supposed to be sitting with them when they're eating, and they don't and these and nursing home, residents choke and die.

So.

The legislature in Florida said, what can we do about this? Because normally if somebody passes away when they're in their 80s, there's really no value to the claim and no lawyers are going to take the case.

Nobody's going to be punishing.

These nursing homes.

They're going to be getting away, literally with murder because they're, murdering, eighty-five.

Ninety year old residents whose spouses passed away, and they don't really have anyone that's dependent upon them for income.

Um there's, really not much of a claim left and Medicare paid their bills.

So.

What did the legislature do? They created a nursing home bill of rights? And they created a whole area of law to protect nursing home, residents., So, insurance companies for these nursing, homes know.

And so that these nursing home administrators know that if they violate the patient's rights and the patient passes away or get serious injured.

They are going to have to pay money damages separate from the limitations that would normally be imposed on them in a regular medical malpractice case.

So that nursing homes don't get the benefit of knowing in the back of their minds., We're, we're, we're, housing people that are so old that even if we kill them, we're, not going to owe that much money because they were almost on their deathbed anyway and sometimes that's how these were treated until this nursing home law came about., So, now.

This nursing home bill of rights, there, there are all kinds of things that the nursing home is required to do.

So, family members who have a loved one in a nursing home that ends up dying or ends up getting a decubitous ulcers, ends up getting a broken.

Hip.

They, come to me.

We go through the chart.

We go through everything that happened.

And we determine if there's a violation of the nursing home statute or the Bill of Rights and the protections that Florida has for nursing home, residents., So, remember, without you knowing the details, you need a lawyer that does because there's a whole set of rules just for nursing homes.

So, Call me at (877) Gluck-Law for a particular nursing home question.

And if you want an experienced lawyer to litigate these cases, you can reach me, anytime., Uh, please click the like button, below., If, you like this video and subscribe to my channel.

If you want to learn about other areas of law., Thank, you., Have, a good day.

FAQs

What is the statute of limitations on nursing home abuse in Florida? ›

Deadline for Filing Florida Nursing Home Lawsuits

To preserve their legal rights, plaintiffs must file a Florida nursing home claim within two years of the date of discovery of the abuse or the date that they should have discovered the abuse. Either way, no more than four years can lapse before a claim is filed.

Can you sue a nursing home in Florida? ›

If a person suffers injuries or financial loss because of poor treatment in a nursing home, Florida law gives them the right to sue for financial compensation. It is a civil case for monetary compensation based on the failure on the part of the nursing home to provide adequate care.

Which of the following is an example of neglecting a patient? ›

Leaving a patient unattended for days in the same dirty, soiled clothes or a bed soaked with urine is a form of neglect.

Who do you report nursing home abuse to Florida? ›

If you wish to file a complaint against a licensed health care facility regulated by the Agency for Health Care Administration, please contact us at 1-888-419-3456 / 800-955-8771 Florida Relay Service (TDD number) or use our Licensed Health Care Facility Complaint Form.

What is Florida statute 464 nurse Practice Act? ›

464: Nursing. Chapter 464, part I, contains Florida's Nurse Practice Act. The laws contained in it provide safe parameters within which to work, as well as provisions intended to protect patients from unprofessional and unsafe nursing practice.

What is Florida statute 827? ›

(b) A person who willfully or by culpable negligence neglects a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the second degree, punishable as provided in s.

Is your home protected in a lawsuit in Florida? ›

Can I Lose My Home in a Florida Lawsuit? Florida's homestead exemption of real property means, in most cases, you cannot lose your house in a Florida lawsuit.

Can you sue the state of Florida for negligence? ›

Many people are injured by agencies of the State of Florida, the County or City. When that happens, they wonder, “Can I sue the State of Florida or the government for personal injury?” The short answer is Yes, you can.

What is duty of care negligence in Florida? ›

In the most general sense, negligence, in Florida, is when someone fails to exercise a degree of reasonable care expected of them to minimize risk of harm to another. The four elements of negligence in Florida are: duty of care, breach of duty, causation, and damage.

What is the most common example of negligence? ›

Incorrect medication prescriptions or administration of drugs is one of the most common cases of medical negligence reported. This can occur when a patient is prescribed the wrong drug for their illness, receives another patient's medication or receives an incorrect dosage of medication.

What is the most common type of nursing home abuse? ›

Emotional Abuse

According to data from the NCEA, emotional abuse is by far the most common type of abuse in the nursing home setting.

Who investigates nursing homes in Florida? ›

In Florida, AHCA provides annual licenses to nursing homes and also performs regular inspections to ensure these facilities abide by federal and state standards. During these inspections, a surveyor from AHCA will visit a nursing home and investigate any complaints of violations.

How do I file a complaint against a nursing home in Florida? ›

To file your complaint, call (888) 419-3456, or complete the Health Care Facility Complaint Form . Your complaint can be filed anonymously, however if you wish to know the results of your complaint, you should be prepared to give your name, address and telephone number.

What Florida agency oversees nursing homes? ›

Bureau of Health Facility Regulation
  • Home.
  • Bureau of Health Facility Regulation.

What is 627.351 6 of the Florida statutes? ›

a. A risk shall be eligible for such property insurance or casualty insurance as is required by Florida law if the insurance is unavailable in the voluntary market, including the market assistance program and the surplus lines market.

What is Florida Statute 893? ›

The Florida Comprehensive Drug Abuse Prevention and Control Act (Florida Statutes, Title XLVI, Chapter 893) proclaims that "a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance."

What is Florida statute 091151? ›

Florida's Stop and Frisk Law. § 901.151(2), Fla. Stat., codified level two encounters. The statute authorizes officers to temporarily detain an individual when the circumstances reasonably indicate the person committed, is committing, or is about to commit a criminal offense.

What is 83.56 3 of the Florida Statutes? ›

Florida Eviction Law 83.56(3) Termination of Rental Agreement for Non-Payment of Rent.

Can you sue for emotional distress Florida? ›

Emotional distress is a type of damage that you can seek compensation for by filing a lawsuit in Florida. However, because emotional distress is an intangible accident-related damage, it can be challenging to prove that you suffered emotionally.

What is the home Rule Powers Act Florida? ›

In Florida, a city is recognized with certain rights and privileges. The most important of these rights is Home Rule. The state Constitution recognizes that cities may enact their own ordinances and self-govern – so long as the city's law does not conflict with the state and federal law.

What are home owner rights in Florida? ›

The right to acquire, possess, and protect your property. The right to use and enjoy your property. The right to exclude others from your property. The right to dispose of your property.

How much can you sue for emotional distress in Florida? ›

The other limitation is the amount you can sue for. Generally speaking, there is no cap on the amount of damages that can be awarded for general pain and suffering in Florida. However, if the lawsuit involves medical malpractice, then there is a limit of $500,000 that can be awarded.

What is the most you can sue in Florida? ›

County Court Jurisdictional Changes
  • County court jurisdictional thresholds increase to $30,000 on January 1, 2020, and to $50,000 on January 1, 2023.
  • Small claims cases on January 1, 2020, will include cases up to $8,000.

How do I prove negligence in Florida? ›

Your attorney must be able to prove the following 4 elements of negligence in Florida to win your case:
  1. Duty: The defendant owed the injured party a duty of care. ...
  2. Breach of Duty: The defendant breached this duty of care. ...
  3. Causation: The defendant's breach must have caused the victim's injuries.
Feb 7, 2023

What are the 4 elements of negligence? ›

A negligence claim requires that the person bringing the claim (the plaintiff) establish four distinct elements: duty of care, breach, causation, and damages.

What is the statute of limitations for negligence in Florida? ›

For Florida personal injury cases that are founded on negligence, the statute of limitations is 2 years. Auto accidents, premises liability and wrongful death cases all have a 4-year statute of limitations. Civil injury cases that are NOT based on negligence have a 2-year statute of limitations.

What are examples of negligence duties? ›

Some common negligence case examples under this category include, but are not limited to, the following scenarios:
  • A driver runs a stop sign and slams into another car.
  • A driver operates illegally in the bicycle lane and hits a bicyclist.
  • A driver runs a red light and hits a pedestrian in a crosswalk.

What part of negligence is hardest to prove? ›

Many articles discuss what negligence is and how to prove it, but the least understood element among these four is causation. Additionally, out of these four elements, causation is typically the most difficult to prove, especially in medical malpractice cases.

What 3 things will help you in a negligence case? ›

Elements of a Negligence Claim

Breach - The defendant breached that legal duty by acting or failing to act in a certain way; Causation - It was the defendant's actions (or inaction) that actually caused the plaintiff's injury; and. Damages - The plaintiff was harmed or injured as a result of the defendant's actions.

What 3 things must be present for a healthcare professional to be considered negligent? ›

These elements, the “4 Ds” of medical negligence, are (1) duty, (2) deviation from the standard of care, (3) damages, and (4) direct cause. If you suffered serious injuries due to a doctor or other healthcare professional's negligence, you could be entitled to compensation for your losses.

What is passive neglect? ›

Passive neglect – the failure by a caregiver to provide a person with the necessities of life including, but not limited to, food, clothing, shelter, or medical care, because of failure to understand the person's needs, lack of awareness of services to help meet needs, or lack of capacity to care for the person.

What is neglect abuse examples? ›

What is neglect? Neglect is the ongoing failure to meet a child's basic needs and the most common form of child abuse2. A child might be left hungry or dirty, or without proper clothing, shelter, supervision or health care. This can put children and young people in danger.

What are some examples of emotional neglect? ›

Examples of emotional neglect may include: lack of emotional support during difficult times or illness. withholding or not showing affection, even when requested. exposure to domestic violence and other types of abuse.

What is a fight between nursing home and patient called? ›

The most common form of violence in long term care facilities is patient on patient abuse, also referred to as resident to resident elder mistreatment (RREM).

What are examples of emotional abuse in a care home? ›

Yelling, shouting, and screaming. Threatening and pretending to harm the patient. Intimidation. Name-calling, insulting, and ridiculing the patient.

What is an example of abuse in a care home? ›

Not changing a resident's clothes or bedding regularly. Not cleaning a resident on a daily basis. Not giving residents enough food or water. Not treating a resident's injuries or illnesses (bedsores, infections, etc.)

What does a Florida Ombudsman do? ›

The Office of the Ombudsman and Public Services facilitates communication between DEP, businesses, governmental entities, advocacy groups and the public. Activities include: Assisting with questions and concerns. Providing references for agency services.

How do I contact the Florida Ombudsman? ›

File A Complaint
  1. Call us at: 1-888-831-0404 (toll-free) or 1-850-414-2323.
  2. Fax us at: 1-850-414-2377.
  3. Write us at: 4040 Esplanade Way Tallahassee, FL 32399-7000.

How do I file a complaint with AHCA in Florida? ›

To file a health care facility complaint, call (888) 419-3456 / (800) 955-8771 Florida Relay Service (TDD number) or complete the Health Care Facility Complaint Form.

What is the statute of limitations for nursing home negligence in Florida? ›

The deadline for filing a lawsuit is known as the statute of limitations. As per Florida Statutes §95.11, the nursing home lawsuit statute of limitations in Florida is two years.

What is AHCA in Florida? ›

The Agency for Health Care Administration (AHCA) is responsible for the administration of the Florida Medicaid program, licensure and regulation of Florida's health facilities and for providing information to Floridians about the quality of care they receive.

What is Chapter 400 Florida statutes? ›

NURSING HOMES AND RELATED HEALTH CARE FACILITIES.

How do I contact the local Ombudsman? ›

Additionally, all long-term care facilities are required to post, in a visible location, the phone number for the local Ombudsman office and the Statewide CRISISline number 1-800-231-4024.

Who regulates home care in Florida? ›

In Florida, the Agency for Healthcare Administration oversees various healthcare entities including any licensed home health agency.

What is the Florida statute for abuse of the elderly? ›

A person who knowingly or willfully abuses an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

What is the statute of limitations on elder abuse in Florida? ›

Under Florida Statute 775.15(10), the statute of limitations requires that the prosecution is commenced within five (5) years after an offense is committed in violation of the following: Section 825.102 prohibits the abuse or neglect of the elderly or disabled; or.

Does Florida law require you report abuse within 30 days? ›

Florida law requires that you report suspected abuse or neglect to the abuse hotline within 30 days. Not all states have a reporting statute that defines who must report suspected child abuse and neglect.

What is the statute for abuse of process in Florida? ›

To state a claim for abuse of process under Florida law, a plaintiff must allege (1) willful and intentional misuse of process for some wrongful or unlawful object, or collateral purpose, and (2) that the act or acts constituting the misuse occurred after the process issued.

What is the statute 825.10 in Florida? ›

A person who knowingly or willfully abuses an elderly person or disabled adult without causing great bodily harm, permanent disability, or permanent disfigurement to the elderly person or disabled adult commits a felony of the third degree, punishable as provided in s. 775.082, s.

How do I prove elder abuse in Florida? ›

To prove there was a breach by the fiduciary or someone else, one or more of the following must be proven:
  1. Extensive withdrawal from monetary accounts.
  2. Increased or changed spending habits.
  3. Someone added to the senior's financial accounts.
  4. Unpaid health care costs or no health care.
  5. Changes in the senior's estate.

What is Section 825.101 in the Florida statute? ›

825.101 Definitions. —As used in this chapter: (1) “Business relationship” means a relationship between two or more individuals or entities where there exists an oral or written contract or agreement for goods or services.

What is Florida State statute 82? ›

(1) “Forcible entry” means entering into and taking possession of real property with force, in a manner that is not peaceable, easy, or open, even if such entry is authorized by a person entitled to possession of the real property and the possession is only temporary or applies only to a portion of the real property.

What is the 4 year statute of limitations in Florida? ›

The statute of limitations for credit card debt in Florida is four years. Because debts based on open accounts, such as credit cards, have a statute of limitations of four years, the credit card issuer has four years from the date of a missed payment to file a lawsuit against you.

What is an example of financial exploitation of the elderly? ›

Convincing an elder to hand over money or personal property, Coercing the person to change their estate planning documents, Forging the person's signature, Home improvement scams, and.

What is the statute 741.28 in Florida? ›

Under Florida Statute 741.28, Domestic Violence battery is defined as the touching or striking of a family member, household member, or domestic partner against their will.

What is statute 109 in Florida? ›

An employer found liable for intentionally violating minimum wage requirements is subject to a fine of $1,000 per violation, payable to the state.

What is the statute 39.201 in Florida? ›

—Any person required to report or investigate cases of suspected child abuse, abandonment, or neglect who has reasonable cause to suspect that a child died as a result of child abuse, abandonment, or neglect shall report his or her suspicion to the appropriate medical examiner.

What is the FL statute for emotional distress? ›

The state of Florida puts a limit on how long you have to file personal injury claims, including emotional distress cases. The limit is usually four years.

Can I sue for emotional abuse Florida? ›

If your employer retaliates or refuses to take corrective action, you can and should file a Florida lawsuit against your employer. U.S. Courts have long held that employees can sue their employers for emotional distress if they are responsible for that distress through action or irresponsible inaction.

What is Florida statute 542? ›

SECTION 18Restraint of trade or commerce. 542.18 Restraint of trade or commerce. —Every contract, combination, or conspiracy in restraint of trade or commerce in this state is unlawful.

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