When families place a loved one in a Florida nursing home, they trust the facility to provide safety, compassion, and professional medical care. Unfortunately, neglect in long-term care facilities is far more common than many realize — and in the most serious cases, it can lead to preventable injuries and wrongful death.
If you lost a family member due to nursing home negligence in Florida, you may have the right to hold the facility accountable under Florida’s Wrongful Death Act and the state’s resident-rights laws.
This guide explains what neglect looks like, how wrongful death claims work, and what steps families should take to protect their legal rights.
What Is Nursing Home Neglect in Florida?
Nursing home neglect occurs when a facility or its staff fails to provide the level of care that a reasonably careful nursing home would provide. Unlike intentional abuse, neglect often results from understaffing, poor supervision, inadequate training, and failure to follow care plans.
Common forms of neglect include:
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Failure to monitor residents (falls, wandering, elopement)
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Missed medications or improper medication management
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Untreated infections or sepsis
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Dehydration and malnutrition
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Pressure sores (bedsores) that progress to severe stages
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Failure to turn or reposition immobile residents
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Ignoring alarms or call-light requests
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Delayed emergency response
Any of these failures can create life-threatening conditions — and many are entirely preventable with proper care.
When Neglect Leads to Wrongful Death
A nursing home death may be considered “wrongful” when it occurs as the result of negligence, abuse, or a violation of the resident’s rights under Florida law.
Common fatal outcomes linked to nursing home neglect include:
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Sepsis from untreated pressure ulcers
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Deadly falls due to lack of supervision or bed rails
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Choking incidents from improper feeding
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Medication overdoses or missed doses
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Severe dehydration or malnutrition
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Complications from infections such as UTIs or pneumonia
Under Florida Statutes §§ 400.022 and 400.023, nursing home residents have specific rights, and facilities can be held liable when the violation of those rights results in injury or death.
Who Can File a Nursing Home Wrongful Death Claim in Florida?
Florida law requires that the personal representative (PR) of the estate file the wrongful death claim on behalf of the survivors and the estate.
Eligible survivors may include:
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Spouse
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Children
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Parents
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Certain financially dependent family members
Survivors may recover damages such as:
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Mental pain and suffering
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Loss of companionship and protection
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Medical bills
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Funeral and burial expenses
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Loss of support and services
The estate itself may recover additional damages, including loss of earnings or medical expenses paid on behalf of the decedent.
How to Prove Nursing Home Neglect
A strong wrongful death case requires detailed evidence, including:
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Medical records and medication logs
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Staffing schedules (to show understaffing)
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Surveillance footage, if available
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Witness statements from residents or staff
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Incident reports and internal facility documents
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State inspection records and prior violations
Many nursing homes resist providing complete records, making early legal intervention essential.
Florida’s Special Protections for Long-Term Care Residents
Florida recognizes the vulnerability of nursing home residents and provides additional protections, including:
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Resident’s Bill of Rights under F.S. § 400.022
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Minimum staffing requirements
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Obligations to prevent abuse, neglect, and exploitation
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Duties to respond promptly to significant changes in condition
If a facility violates these duties, it can be held financially responsible for the harm that results.
How an Attorney Helps Hold Facilities Accountable
Wrongful death cases involving nursing homes are complex and often involve:
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Multiple defendants (the facility, management company, physician groups, owners, etc.)
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Corporate liability and understaffing patterns
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Deliberate record-alteration or attempts to hide violations
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Expert testimony on nursing-home standards of care
An experienced Florida wrongful death attorney can help by:
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Investigating the circumstances of the death
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Preserving crucial evidence before it is altered or destroyed
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Working with medical and nursing experts
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Filing claims under Chapter 400 and the Florida Wrongful Death Act
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Pursuing compensation through negotiation or litigation
What Families Should Do After a Suspicious Nursing Home Death
If you suspect your loved one’s death was preventable:
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Request the medical records immediately.
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Document visible injuries (sores, bruising, weight loss, poor hygiene).
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Save all correspondence with the facility.
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Report concerns to AHCA or local authorities if abuse is suspected.
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Speak with an attorney before signing anything from the nursing home.
Early action can make the difference between winning a case and losing critical evidence.
Holding Florida Nursing Homes Accountable
Losing a loved one is devastating — even more so when the death could have been prevented. Nursing homes have a legal and moral duty to protect residents, and when they fail, Florida law provides families with powerful tools to pursue justice.
If you believe neglect played a role in your family member’s death, an attorney can help you understand your rights, investigate what happened, and seek accountability from the facility responsible.
Have you or someone you know been injured as a result of nursing home negligence? Contact Florida 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.
