Nursing home abuse lawyer in West Palm Beach​

What’s the difference between nursing home abuse and neglect?

Abuse is something done to a resident. Neglect is care that never happened.

Physical abuse, sexual abuse, and financial exploitation are deliberate acts by staff members or others with access. Nursing home negligence is usually a failure: medication not given, a call light not answered, a resident not turned. Neglect is more common than abuse, does as much harm, and usually traces to staffing rather than to one person.

Both are actionable, and many cases involving nursing home injuries include some of each.

What are the most common types of nursing home abuse?

Florida’s Long-Term Care Ombudsman reported investigating 1,517 complaints in 2024. The top category in nursing homes was care, followed by autonomy and residents’ rights, then dietary and environment. Assisted living facilities followed nearly the same order, with care first and environment second. Day-to-day care failures are often what generate the complaints, and they show up across every category:

• Physical abuse: Hitting, shoving, rough handling during transfers, and improper use of restraints.
• Neglect: Missed medications, untreated pressure sores, dehydration, unassisted toileting, and residents left alone long enough to fall.
• Emotional abuse: Threats, humiliation, and isolation from visitors or activities.
• Financial exploitation: Unauthorized withdrawals, coerced signatures, and mismanagement of accounts the facility holds. Florida requires facilities to account for resident funds separately and provide a quarterly statement under § 400.022.
• Sexual abuse: Any sexual contact with a resident who can’t consent, plus harassment and indecent exposure.
• Improper restraint: Physical and chemical restraints require a physician’s written authorization, and Florida prohibits using them for staff convenience or punishment.

What warning signs should family members watch for?

Look for the signs of abuse on every visit, because changes tend to arrive gradually and you’re the person most likely to catch them. Some signs also turn up in facilities where the care is adequate, so one bruise isn’t an answer by itself, but a pattern is. Write down what you see, ask staff directly, and keep asking until the explanation matches what’s in front of you.

• Pressure sores, especially ones that worsen between visits
• Repeated falls, or a fall from a bed with rails raised
• Broken bones with no clear account of how they happened
• Head injuries, including a traumatic brain injury after an unwitnessed fall
• Infections, dehydration, or unexplained weight loss
• Sudden withdrawal or fearfulness around particular staff

Learn more: Why are residents with dementia more at risk of abuse? 

What should you do if you suspect abuse?

If your loved one is in immediate danger, call 911. Many families hesitate at this stage, either because they feel responsible for choosing the facility or because they worry a complaint will make things harder for their loved one. Florida prohibits retaliation against a resident for raising a grievance, and the decision to use a licensed facility isn’t what failed them.

Otherwise, start here:

1. Write down what you see, with dates. Note unexplained injuries, weight loss, and changes in mood on each visit. Dated notes carry far more weight later than a memory reconstructed months afterward.
2. Request the records now. The medical chart, the medication administration record, and statements for any account the facility manages. Asking early avoids arguments about what existed when.
3. Call the Long-Term Care Ombudsman. The Florida Department of Elder Affairs runs a long-term care ombudsman program that makes unannounced visits and presses administrators on what it finds. It’s free.
4. Talk with a lawyer before you confront the facility. Not because confrontation is wrong, but because a facility that knows a claim is coming may handle records differently. A West Palm Beach​ nursing home abuse attorney​ can send a preservation request first.
5. Move your loved one if the risk is ongoing. You don’t need permission or a lawsuit to relocate someone.

How do you report nursing home abuse in Florida?

The Florida Abuse Hotline takes reports around the clock at 1-800-96-ABUSE (1-800-962-2873), and reports about vulnerable adults trigger an Adult Protective Services investigation. You can also file a complaint about a licensed facility or practitioner through the Florida Department of Health complaint portal.

Before choosing a facility, or to see what’s on record about one, the state publishes inspection reports and statements of deficiency at FloridaHealthFinder. Reporting doesn’t start a lawsuit and doesn’t replace one, but it creates an independent record.

What makes a nursing home case different?

Two things, and both take resources an ordinary injury claim doesn’t.

The first is understanding who to sue. Facilities are frequently owned through layered companies. An operating entity holds the license, a separate company owns the real estate, and a management company sets staffing budgets from another state. The name on the building often isn’t the entity that made the decision behind the harm. Tracing that structure is investigative work, and naming the wrong company can mean a judgment against one with nothing to pay it.

The second is what happens if the facility won’t settle. A case built for trial from the start tends to resolve differently than one assembled to settle, because the evaluation on the other side changes. Our West Palm Beach nursing home neglect attorneys handle these claims across Palm Beach County. Our firm has an in-house trial support department, and elder abuse claims are among the practice areas our trial attorneys handle directly

What rights do nursing home and assisted living residents have?

Nursing home resident rights are written into Florida law. Which law applies depends on the type of facility.

Nursing home residents have rights that include the right to be free from mental and physical abuse, sexual abuse, neglect, exploitation, corporal punishment, and unauthorized restraints. It also covers adequate health care, private communication, control of personal affairs, access to the facility’s inspection results, and the ability to raise grievances without retaliation. Facilities that take Medicare or Medicaid answer to federal rules on top of that, which require participation in care planning, choice of physician, and a formal grievance process.

Assisted living facilities have their own set of rights, and several have no nursing home equivalent: visitation between at least 9 a.m. and 9 p.m., the right to keep personal clothing and property, 45 days’ notice before a relocation, and regular exercise and time outdoors.

The license tells you which type your loved one is in, and that decides which rules govern. Either way, a West Palm Beach nursing home abuse claim is built on these rights. Rather than arguing general carelessness, the case names which of them were violated and what harm followed.

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

Under Florida Statute § 400.023, a claim can be brought by the resident, the resident’s guardian, a person or organization acting on the resident’s behalf with the consent of the resident or guardian, or the personal representative of a deceased resident’s estate.

The deadline runs on the nursing home statute, not the general negligence one. Florida allows two years from the incident or from when it was discovered or should have been discovered, with an outer limit of four years from the incident regardless. Fraudulent concealment extends that outer limit to six years. Assisted living claims follow the same structure under § 429.296.

The discovery rule is impactful here because families often learn what happened only after a resident dies or moves.

Who can be held responsible for nursing home abuse in Florida?

More than one person or company may be responsible. Under Florida law, a nursing home claim may name the facility’s licensee, its management or consulting company, its managing employees, and direct caregivers, whether employees or contractors.

Which parties belong depends on who controlled the care. Staffing records, schedules, policies, and medical charts show whether a caregiver failed to provide required care, or whether decisions about staffing and supervision contributed to the injury.

Naming anyone outside those categories requires the court’s permission first, based on evidence that the party owed the resident a duty, breached it, and caused the harm. A West Palm Beach nursing home neglect lawyer can review the records and identify who may be responsible.

What can a nursing home claim recover?

Economic damages cover measurable costs: medical treatment for the injury, hospitalization, surgery, rehabilitation, home health care, durable medical equipment, relocation to another facility, and funds taken through exploitation. Non-economic damages cover what receipts can’t capture, including pain, mental anguish, disfigurement, and loss of dignity.

Where abuse or neglect causes a resident’s death, the family may bring a wrongful death claim, which is governed by its own statute and its own list of recoverable losses.

Punitive damages may be available in limited cases involving intentional misconduct or gross negligence, but they can’t be included in the initial complaint without the showing required by Florida law. Nursing home claims are also subject to special statutory limits on punitive damages.

Talk with a nursing home abuse attorney in West Palm Beach

Lytal, Reiter, Smith, Ivey & Fronrath has an office on South Australian Avenue in West Palm Beach. If something about your loved one’s care doesn’t add up, the records that answer it are easiest to get early. We work on a contingency fee basis, so you pay no attorney’s fees unless compensation is recovered. Call us at (561) 655-1990 or contact us online to request a free consultation.

Frequently asked questions about nursing home abuse in Florida

Can I report a facility if I don’t have proof yet?

Yes. Neither the ombudsman nor the Florida Abuse Hotline requires proof to take a report. A concern is enough to start a review, and investigators can access records and interview staff in ways a family member can’t.

Can I bring a claim if my loved one died from neglect?

Yes. If nursing home negligence or a violation of a resident’s rights causes the resident’s death, the personal representative of the estate may pursue the claim. Florida law provides specific rules governing the damages available when a nursing home resident dies.

Do I have to do anything before filing a lawsuit?

Yes. Florida requires written notice to each prospective defendant by certified mail first, along with a certificate from your nursing home abuse attorney in West Palm Beach​ that the claim was investigated. The facility then has 75 days to respond with a rejection or an offer, and no suit can be filed during that window. The deadline clock pauses while it runs, so it delays the case without shortening your window to file.

Will I have to go to court?

Usually not. Most nursing home claims settle before trial, and Florida’s 75-day presuit period gives both sides a structured chance to resolve things first. If a case does reach trial, a family member’s involvement is generally limited to a deposition and testimony.