Families choose a nursing home because a loved one needs more care than they can safely provide at home. Most staff work hard under real pressure, and some decline in health is expected with age and illness. Neglect is different. It is a failure to provide the basic care, supervision, and attention a resident needs, and it often shows up gradually.
The signs families notice most often are physical. A pressure sore (bedsore) appears on the tailbone, hips, or heels and gets deeper over time. A resident falls repeatedly, or suffers a fracture or head injury in a fall. Weight drops, lips are dry, and the resident seems confused in a way that may reflect dehydration or poor nutrition. Infections, including urinary tract infections and pneumonia, recur or are not treated promptly. A resident with dementia wanders out of the building. Other signs are harder to see: unexplained bruises, soiled bedding left for hours, call lights that go unanswered, or a sudden change in mood or medication that no one explains.
1. Make sure your loved one is safe
If your loved one needs urgent care, call 911 or ask that they be sent to a hospital. Ask the hospital to document the injuries, wounds, weight, and lab results on arrival. If you believe the resident is in danger at the facility, consider whether a transfer is needed.
2. Photograph injuries and conditions
With your loved one's permission, or with the permission of the person legally authorized to act for them, photograph wounds, bruises, and pressure sores with dates. Photograph the room, the bed, the call light, and any conditions that concern you. Take photos at each visit so changes over time are visible.
3. Ask for the care plan and attend care plan meetings
Nursing homes prepare a written care plan for each resident describing their needs, such as turning schedules, fall precautions, diet, and supervision. Ask for a copy and attend the meetings. Write down what staff say and who said it. Compare what the plan requires with what you see.
4. Request the records and incident reports in writing
Request the resident's complete records, including nursing notes, wound care records, medication records, weight logs, and physician orders. Florida requires a nursing home to furnish copies to an authorized person within 14 working days for a current resident and within 30 working days for a former resident (§ 400.145, Fla. Stat.). For a deceased resident, the statute lists who may request records and what proof is needed. Ask in writing for any incident or fall reports as well, and keep a copy of every request.
5. Report your concerns to the state
You can report suspected neglect or abuse to the Florida Abuse Hotline at 1-800-962-2873. Nursing home staff are among the people Florida law requires to report known or suspected abuse, neglect, or exploitation of a vulnerable adult to the central abuse hotline (§ 415.1034(1)(a)). Residents also have the right to present grievances and to have "access to ombudsmen and advocates" (§ 400.022(1)(d)), and you may contact Florida's Long-Term Care Ombudsman Program for help.
“access to ombudsmen and advocates”
§ 400.022(1)(d), Florida Statutes
6. Keep a visit log
Write down the date and time of each visit, what you saw, who was on duty, and any conversations. Keep copies of emails and texts with the facility. Notes made at the time are far more reliable than memories reconstructed later.
The rights Florida law gives residents
Florida law gives every nursing home resident specific rights, including "The right to receive adequate and appropriate health care and protective and support services" (§ 400.022(1)(l)), "The right to be free from mental and physical abuse, sexual abuse, neglect, exploitation" (§ 400.022(1)(o)), and "The right to have privacy in treatment and in caring for personal needs" (§ 400.022(1)(m)). Residents also have the right to be free from "physical and chemical restraints, except those restraints authorized in writing by a physician" (§ 400.022(1)(o)).
“The right to receive adequate and appropriate health care and protective and support services”
§ 400.022(1)(l), Florida Statutes
A resident, a guardian, a person acting with their consent, or the personal representative of a deceased resident's estate may bring a civil action for a violation of these rights or for negligence (§ 400.023). These claims follow their own rules: the statute states that "Chapter 766 does not apply" to them and that such an action is "not a claim for medical malpractice" (§ 400.023). A claim about a physician's own medical care may be handled differently.
“not a claim for medical malpractice”
§ 400.023, Florida Statutes
Florida deadlines and the presuit process
Under § 400.0236, a nursing home claim generally must be brought within 2 years from the incident, or within 2 years from when it "is discovered or should have been discovered with the exercise of due diligence," and "in no event shall the action be commenced later than 4 years from the date of the incident." Where fraudulent concealment or intentional misrepresentation prevented discovery, the period may extend, but not beyond 6 years from the incident.
Before filing suit, the claimant must send presuit notice to each prospective defendant by certified mail, return receipt requested, with a certificate of counsel stating that a reasonable investigation supports a good faith belief that grounds exist for the claim (§ 400.0233). "No suit may be filed for a period of 75 days after notice is mailed," and the limitations period is tolled during that time (§ 400.0233). The facility or its insurer must respond in writing by rejecting the claim or making a settlement offer.
“No suit may be filed for a period of 75 days after notice is mailed,”
§ 400.0233, Florida Statutes
These rules differ from the medical malpractice process described in our guide, How Florida Medical Malpractice Claims Work, which still applies to claims against physicians.
Your checklist
- Make sure your loved one is safe and get urgent care when needed.
- Photograph injuries, wounds, and room conditions at every visit, with dates.
- Get a copy of the care plan and attend care plan meetings.
- Request records and incident reports in writing, and keep copies.
- Report concerns to the Florida Abuse Hotline and the Long-Term Care Ombudsman.
- Keep a dated visit log with names of staff on duty.
- Speak with a lawyer well before 2 years from the incident.
How we review these cases
We start with what the family has seen, then gather the facility records, hospital records, photographs, and state inspection history. We compare the care plan with the care actually delivered and build a timeline of each injury. Where the facts support it, we arrange a review by a qualified physician or registered nurse, and we explain Florida's nursing home presuit rules in plain terms. Meetings are by appointment only. Call 305-748-3789 to schedule a time to talk.
This article is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.