Florida’s large senior population makes nursing homes and rehabilitation centers an essential part of the state’s healthcare system. Unfortunately, these facilities are also frequent sites of medical negligence. When elderly residents suffer harm due to improper care, medication errors, or neglect, the result can be devastating—both medically and emotionally.
Common Forms of Elderly Malpractice
Medical malpractice in Florida nursing homes and rehab centers often takes subtle forms. Common examples include:
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Medication Errors: Administering the wrong drug or dose, or failing to monitor for adverse reactions.
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Failure to Diagnose or Treat: Ignoring symptoms of infection, dehydration, or pressure ulcers.
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Improper Restraint Use: Causing bruises, fractures, or emotional trauma.
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Negligent Wound or IV Care: Leading to serious infections, tissue damage, or sepsis.
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Falls and Mobility Neglect: Failing to assist patients with walking or transfers, resulting in broken bones or head injuries.
Many of these issues arise because facilities are understaffed or employ inadequately trained caregivers—both of which can amount to actionable negligence under Florida law.
Florida Laws Protecting Elderly Patients
In Florida, medical malpractice and nursing home negligence are governed by different statutes, but both provide pathways for victims and families to seek justice.
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Medical Malpractice: Under Florida Statutes Chapter 766, victims must show that a healthcare provider’s conduct fell below the professional standard of care. This applies to doctors, nurses, and rehab therapists.
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Nursing Home Negligence: Under Florida Statutes Chapter 400, nursing home residents have specific rights—including the right to adequate healthcare, dignity, and freedom from abuse. Violations may lead to civil damages, attorney’s fees, and punitive damages.
These laws are designed to hold facilities accountable for systemic issues like understaffing, poor supervision, or unsafe environments.
Recognizing the Signs of Malpractice or Neglect
Family members often play a key role in detecting nursing home negligence. Warning signs may include:
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Unexplained injuries or bruises
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Sudden weight loss or dehydration
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Pressure sores or infections
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Unusual changes in medication or alertness
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Emotional withdrawal or fear of staff
If you suspect malpractice, it’s critical to document everything, request medical records, and contact a Florida attorney experienced in nursing home and malpractice claims.
Taking Legal Action
Pursuing a malpractice claim against a Florida nursing home or rehab center involves several steps, including:
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Pre-Suit Notice: Required under Florida’s medical malpractice laws to notify the facility and providers.
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Expert Review: A qualified medical expert must confirm negligence occurred.
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Investigation: Gathering records, witness statements, and facility inspection reports.
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Filing a Lawsuit: If the facility refuses to settle or accept responsibility.
These cases often involve complex medical and regulatory issues, making it essential to work with a lawyer familiar with Florida’s nursing home and malpractice statutes.
Protecting Florida’s Most Vulnerable
Every elderly patient deserves dignity, respect, and competent medical care. When facilities fail to meet that standard, legal action not only secures justice for the victim—it also helps protect other residents from future harm.
If your loved one has suffered an injury, infection, or wrongful death in a Florida nursing home or rehabilitation center, contact a Florida medical malpractice attorney to discuss your options.
Have you or someone you know been injured as a result of medical malpractice? Contact Florida Hospital and Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
