Orlando Nursing Home Abuse Lawyer

Choosing to place a loved one in the care of a nursing home is already a big decision. When your family member begins to show signs of neglect, loses weight, or becomes unexpectedly withdrawn, it’s normal to want to ask questions. You shouldn’t be required to dismiss your concerns just because you’re not yet sure of what happened. 

An Orlando nursing home abuse lawyer can help you find the answers to those questions. DWK Law investigates claims that involve nursing home abuse and neglect, including physical abuse, sexual abuse, emotional abuse, and failures to provide appropriate care. If you’re worried about the treatment of a loved one in a Florida facility, call (407) 244-3000 to schedule a free consultation.

Why Orlando and Florida families bring these cases to DWK Law

Each and every nursing home case begins with a person, not just a file. Maybe your mother has new bruises that no one is able to explain, or your father may have developed bedsores despite his dependence on staff. Perhaps the facility offers vague explanations about a medication error. 

DWK Law has represented injured people and their families in Orlando and throughout Florida since 1989. Our firm is based at 719 Vassar Street in Orlando, and our attorneys handle cases that involve injuries, medical care, and wrongful death. This background is beneficial when a nursing home case requires a close review of medical records and testimony from health care professionals. 

Past results in our firm’s practice include medical malpractice recoveries of $12.6 million and $5.4 million and a $6 million wrongful death recovery, to name a few. Remember that every case has different facts and potential outcomes. They do show experience handling litigation involving serious injuries and losses.

If you need help understanding your best next steps when poor care caused your loved one’s injuries, an Orlando personal injury lawyer can explain the legal options that are available to your family.

How a nursing home abuse case works when we handle it

Often, clients approach DWK with strong suspicions but with very little proof of misconduct. Don’t worry; that’s normal. Families rarely have access to all the information they need to determine why an injury occurred. First, an investigation must take place. 

An Orlando nursing home abuse attorney may be able to help. A qualified attorney can look at medical records and care plans. He or she can check medication records, photos, and incident reports. Importantly, they can investigate staffing information and witness accounts. The investigation may even include a review of a facility’s regulatory history to identify whether the care that was provided to your loved one departed from appropriate standards. 

Florida nursing home claims have a specific pre-suit process. Before one can file certain claims involving a resident’s rights or negligence, Florida Statute § 400.0233 requires that notice be given to prospective defendants. This notice needs to describe the alleged violation and detail the resident’s injuries. Then, the law generally provides a 75-day period for the defendant or insurer to evaluate the claim before a lawsuit may be filed. 

What our clients are saying about our firm

People who have worked with DWK Law frequently talk about communication and the way they were treated during some of the more difficult periods in their lives.

“He meant the world to us, and what DWK did was validate his life. They helped us reach closure and acceptance. It was like a good friend helping us get through this.” — Patricia, client

“It’s like if we hadn’t called you guys, nothing would have happened.” — Greg, client

What counts as nursing home abuse and neglect in Florida?

Bear in mind that nursing home abuse isn’t limited to someone intentionally hurting a resident. Instead, Florida law protects residents from mental, physical, and sexual abuse, from neglect, improper seclusion, exploitation, and unnecessary use of restraints. Each resident also has a right to appropriate health care and support services that are consistent with their unique care plans. 

That means an Orlando nursing home abuse claim can involve intentional misconduct or failures in care. Depending on the circumstances, concerns may involve:

• Physical or sexual abuse
• Emotional or mental abuse
• Failure to provide adequate food or hydration
• Bedsores related to inadequate care
• Falls involving inadequate supervision or assistance
• Medication errors
• Failure to respond to changes in a resident’s condition
• Neglect of hygiene or basic personal needs

Remember that not every injury stems from abuse or neglect. Nursing home residents often have medical conditions that make falls, changes in body weight, infections, and other afflictions more likely, even when they’re receiving the appropriate care. A legal investigation will look at whether the facility or caregiver owed (and breached) a duty and caused injury or loss. 

Common nursing home abuse warning signs

Your family knows your loved one best. A change that seems like just a small thing to someone else may immediately stand out to you. 

Some warning signs may be physical:

• Bruises and fractures
• Bedsores
• Poor hygiene
• Sudden weight gain or loss
• Repeated falls

Other “red flags” may show up in your loved one’s behavior. Maybe your mother has become easily agitated, or your aunt has become withdrawn socially. 

Pay attention to the facility itself, as well. The following may warrant additional investigation:

• Unanswered call lights on resident rooms
• Consistently dirty rooms or clothing
• Missed medications
• Unexplained changes in treatment
• Staff members who give evasive answers about injury

Noticing one “off” sign doesn’t necessarily indicate that nursing home neglect is prevalent. A pattern of unexplained changes, though, shouldn’t just be brushed aside. 

What rights do Florida nursing home residents have?

Florida nursing home residents don’t give up their basic rights just because they entered a facility. Florida Statute § 400.022 establishes a detailed set of residents’ rights that licensed nursing homes must respect.

As a resident, your loved one has rights concerning their:

• Privacy
• Communication
• Participation in medical treatment
• Appropriate health care
• Dignity and freedom from mental abuse
• Freedom from physical and sexual abuse, neglect, and exploitation
• Freedom from certain improper restraints

In addition, a resident has the right to voice any grievances without fear of reprisal. 

These rights matter in a civil case. Florida Statute § 400.023 allows claims that are based on violations of residents’ rights or on negligence that resulted in injury or death. Generally speaking, the claimant must prove that the defendant owed the resident a duty, breached that duty, legally caused the harm, and that the resident suffered an injury, loss, death, or other damage.

Who can file a claim, and how long do you have?

Florida law is specific about who may bring a nursing home claim. Under Florida Statute § 400.023, the resident or their guardian may bring an action. Additionally, a person or an organization may act on the resident’s behalf if they have the consent of the resident or the guardian. If the resident has passed away, the personal representative of the resident’s estate can bring the action.

It’s important to pay attention to deadlines that may exist. Florida Statute § 400.0236 states that an action under this part must begin within two years of the incident or within two years of when the incident was discovered (or should have been discovered through due diligence). The statute also contains a four-year limit in most circumstances, and there’s a special provision for fraudulent concealment or intentional misrepresentation.

The correct deadline depends on the facts, so families should not assume they have a particular amount of time based solely on when they first suspected nursing home abuse.

What to do if you suspect abuse right now

If you suspect abuse, your first concern should be your loved one’s immediate safety. If he or she is in danger, please address that before you worry about a possible lawsuit. 

Once the resident is safe, document what you’re able. Take photographs of visible injuries and write down what the resident tells you in their own words. Record all of the names and dates, and be sure to keep copies of the resident’s medical records and the facility’s communications with the family. 

You can review public information about the facility. Florida’s Agency for Health Care Administration makes certain health facility information available through Florida Health Finder, and AHCA records can include inspection reports and statements of deficiencies.

Frequently asked questions about nursing home abuse claims

Does reporting to the state start a lawsuit?

No, reporting suspected abuse or problems at a facility can trigger a regulatory response, but it doesn’t automatically file a civil lawsuit for damages. Nursing home abuse claims follow a separate legal process.

What does it cost to talk to a lawyer?

DWK Law offers a free consultation; there’s no charge to meet to have a conversation about what happened. The firm handles cases like these on a contingency fee basis. That means there’s no attorney’s fee unless we obtain a recovery for you.

Can nursing home neglect happen without physical abuse?

Absolutely. Neglect might involve things like failures to provide appropriate care to a resident, even if no one is intentionally harming your loved one. Depending on the facts, things like supervision, hygiene, repositioning, medication management, and nutrition can support allegations of neglect. 

What evidence can help prove nursing home abuse?

Medical records, photos, care plans, medication records, incident reports, witness accounts, and communications with facility staff can all provide you and your legal team with useful information. Regulatory and inspection records might also reveal relevant information about the facility.

Can I bring a claim if my family member has died?

There’s a possibility. Florida Statute § 400.023 permits the personal representative of a deceased resident’s estate to bring an action. The available claims and damages depend on the circumstances surrounding the resident’s injuries and death.

Does a bad outcome automatically mean the nursing home was negligent?

No. A resident can experience a fall, infection, weight loss, or other medical problem even when appropriate care was provided. A negligence claim requires evidence connecting a breach of duty to the resident’s injury or loss.

Talk to an Orlando nursing home abuse lawyer at DWK Law

If something about your loved one’s care feels wrong, you don’t need to investigate what happened before you can ask for help. You may have photos, videos, or a complaint from a loved one, or you might just have questions that haven’t yet been answered. An attorney can investigate each of those pieces to help you determine whether a claim is appropriate. 

DWK Law has served people in Orlando for decades. If you believe a family member has been a victim of nursing home abuse in Orlando, call (407) 244-3000 or contact DWK Law online to schedule a free consultation. An Orlando nursing home abuse lawyer can listen to what happened, review the available information, and explain what your family can do next.