Florida Nursing Home Abuse Lawyer
What Counts as Nursing Home Abuse and Neglect
Florida law recognizes several categories of mistreatment in long-term care settings. Each can give rise to a civil claim against the facility, the corporate ownership, individual staff members, or all three.
Physical Abuse
Hitting, slapping, pushing, restraining, or otherwise physically harming a resident. Signs include unexplained bruises, fractures, welts, or burns. Repeated falls in residents who are supposed to be assisted should also raise questions.
Neglect
The failure to provide care that meets the resident’s basic needs. This is by far the most common form of nursing home harm we see. Neglect includes:
- Pressure ulcers (bedsores) are caused by failing to reposition non-ambulatory residents
- Severe dehydration and malnutrition
- Falls caused by inadequate supervision or failure to follow care plans
- Untreated or poorly managed medical conditions, including infections
- Medication errors, including missed doses, wrong doses, and dangerous drug interactions
- Poor hygiene, soiled clothing, and lack of basic personal care
Emotional and Psychological Abuse
Verbal abuse, intimidation, threats, isolation, humiliation, or yelling at residents. The signs are often subtle: a parent who has become withdrawn, frightened, depressed, or unwilling to talk in front of staff.
Wrongful Death
When abuse or neglect leads to a resident’s death, surviving family members may have a claim under the Florida Wrongful Death Act for damages, including lost support and services, mental pain and suffering of close family members, and the survivors’ net accumulations.
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Florida’s Nursing Home Resident Rights
Florida law provides robust legal protections for nursing home residents. The Florida Nursing Home Bill of Rights, codified in Florida Statute Section 400.022, guarantees residents the right to:
- Civil and religious liberties
- Private and uncensored communication
- Participation in their own care plan
- Be free from mental and physical abuse, corporal punishment, and chemical and physical restraints used for staff convenience
- Refuse medication or treatment and be informed of the consequences
- Privacy and confidentiality of medical and personal records
- A safe and clean living environment
- Receive adequate and appropriate health care
When a facility violates these rights, and a resident is injured as a result, the law allows the resident or their family to bring a civil action against the facility under Florida Statute Section 400.023. These claims can include damages for injuries, attorney’s fees in some circumstances, and, in egregious cases, punitive damages.
Assisted living facilities are governed by a separate but parallel set of standards under Chapter 429 of the Florida Statutes.
Warning Signs Families Should Watch For
Many nursing home injuries are reported by the family before the facility ever raises them. Things to watch for during visits:
- New bruises, scratches, or pressure sores, especially on the heels, hips, or tailbone
Sudden weight loss - Dehydration, dry mouth, or sunken cheeks
Soiled clothing or bedding, especially if recurring - Strong urine smell in the room
- Unexplained falls or fractures
- New fear of staff, withdrawal, or refusal to talk in front of certain employees
- Medication errors, including missed doses or wrong pills
- Unusual financial activity, missing valuables, or new “friendships” with staff who request money
- Restraints, including chemical restraints (sedation used to keep residents quiet rather than to treat a medical condition)
If you see any of these signs, document them. Take photographs of visible injuries. Request a meeting with the director of nursing and follow up in writing. Report your concerns to the Florida Department of Children and Families Adult Protective Services hotline. And if the situation is serious, call a lawyer.
What a Nursing Home Abuse Case Can Recover
Florida law allows surviving residents and their families to recover both economic and non-economic damages. Depending on the case, that may include:
- Past and future medical expenses, including hospitalization, wound care, and rehabilitation
- Pain and physical suffering
- Mental anguish and emotional distress
- Loss of dignity
- Funeral and burial expenses in wrongful death cases
- Loss of support and services to surviving family members
- In appropriate cases, punitive damages are designed to punish and deter especially egregious conduct
The damages model in nursing home cases differs from that in typical PI cases because the injured person is often elderly and not earning wages, but the harm is no less real, and Florida law recognizes it.
How Tarnovsky Lopez Investigates Nursing Home Cases
When a family comes to us with concerns about a Florida nursing home, our work usually starts before any lawsuit is filed.
We begin by listening carefully to the family. The history matters. Often, the picture only becomes clear when several pieces of information are laid side by side: a sudden weight loss, an emergency room visit the family was not told about, a series of unexplained falls.
We then request the resident’s complete medical chart, the facility’s incident reports, the medication administration records (MAR), the resident’s care plans, and the facility’s staffing records. We compare what the facility says happened to what the records actually show, which often differ.
Where appropriate, we retain medical experts (geriatricians, wound care specialists, infection-control experts) and nursing home administration experts to review the records and offer opinions. We send the required pre-suit notices, navigate any arbitration disputes, and pursue the case through litigation if it cannot be resolved fairly.
Our founding partners came to plaintiff work after years on the insurance defense side. We know how facilities and their insurers value, defend, and fight these cases. We use that knowledge for our clients.
Our Lawyers Provide Personalized Attention & Powerful Advocacy
Alex Lopez, Esq
Partner & Attorney at Law
Irina Tarnovsky, Esq
Partner & Attorney at Law
Harry Kaklamanakis, Esq
Associate Attorney at Law
Alex Lopez, Esq
Partner & Attorney at Law
Alex Lopez, Esq is a skilled civil litigator specializing in handling property insurance claims throughout the state of Florida. After graduating law school, he spent 3 years working at one of the top civil litigation law firms in the country. As a former attorney who represented and defended some of the largest insurance companies in the state, Alex Lopez, Esq., was able to gain inside knowledge as to the ins and outs of litigating insurance claims. He now dedicates a 100 percent of his practice to helping homeowners and business owners recover adequate compensation under their insurance policies.
Irina Tarnovsky, Esq
Partner & Attorney at Law
Irina Tarnovsky, Esq is a skilled civil litigator specializing in handling property insurance claims throughout the state of Florida. She gained extensive trial experience as an Assistant State Attorney at the Broward County State Attorney’s Office prosecuting crimes from Misdemeanors to violent Felonies with over 30 cases brought to verdict. As a former attorney who represented and defended major insurance companies and a partner at her last firm, Irina Tarnovsky, Esq. was able to gain inside knowledge as to the ins and outs of litigating insurance claims. She now dedicates a 100 percent of her practice to helping homeowners and business owners recover adequate compensation under their insurance policies.
Harry Kaklamanakis, Esq
Associate Attorney at Law
As a dedicated trial lawyer specializing in personal injury and first-party property cases, Harry Kaklamanakis Esq is passionate about advocating for those who have been wronged. His journey to the courtroom is deeply rooted in his heritage as a first-generation American, raised by a Greek father and a Greek-Bahamian mother. Growing up in a family of small business owners, he learned invaluable lessons about the power of hard work, and the importance of unwavering commitment to customer service. Harry’s Greek American heritage instilled in him a fervent sense of purpose and a belief in the principles of fairness and integrity. These values fuel his passion for the law and drive his relentless pursuit of justice for his clients. Harry began his legal career as a Public Defender in Palm Beach County, where he had the privilege of defending the rights of some of the most vulnerable members in his community. This experience reinforced his commitment to justice and deepened his understanding of the critical importance of protecting individual rights. It is also where he began to develop and hone his skills in the courtroom. After his tenure at the public defender’s office, Harry transitioned into civil litigation. For two and a half years, Harry served as lead trial counsel for the largest private property insurance company in Florida. During this time, he gained invaluable insight into the inner workings of the insurance industry, which has proven beneficial when representing his clients. Harry has spent thousands of hours in Florida courtrooms, skillfully advocating for his clients and navigating complex legal landscapes. To date, he holds over 32 jury trial verdicts, with the overwhelming majority favoring his clients. Each case he takes on is approached with the utmost dedication and strategic foresight, ensuring that his clients receive the justice, and compensation, they deserve. Harry’s commitment to excellence and his unwavering belief in doing what is right continue to guide him as he fights for his clients’ interests.
Serving the State of Florida.
See What Sets Tarnovsky-Lopez Law Apart
for Nursing Home Abuse Cases in Florida
Our clients are at the heart of everything we do. Whether it’s helping property owners rebuild after property damage or fighting for justice after a personal injury, we take pride in delivering real results. Read what clients across Florida are saying about their experience with Tarnovsky-Lopez Law.
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FAQs About Nursing Home Abuse Claims Attorney in Florida
I think my mother is being neglected at her Florida nursing home, but I do not have proof. What should I do?
Start documenting. Take photographs of any visible injuries with dates. Keep a log of what you see during visits, including the times, the staffing levels, and your mother’s appearance and behavior. Request a meeting with the director of nursing and follow up in writing so there is a paper trail. Report your concerns to the Florida Department of Children and Families Adult Protective Services. And call a lawyer for a confidential conversation. We can often help families identify what is happening and what records to request.
My father signed an arbitration agreement at admission. Does that mean I cannot sue?
Not necessarily. Florida courts have ruled some pre-dispute arbitration clauses in nursing home admission agreements unenforceable, particularly when they were signed by a family member without proper authority, when the resident lacked capacity, or when the clause is unconscionable. We review every admission agreement carefully and challenge enforcement where the law allows.
How long do I have to bring a nursing home abuse claim in Florida?
For most negligence-based claims arising on or after March 24, 2023, the deadline is two years from the date of the injury under Florida Statute Section 95.11(4)(a). Wrongful death claims must be filed within two years of the date of death. Some claims may have shorter or longer deadlines depending on the specifics. Get a lawyer involved as soon as you can.
My loved one died because of the neglect. Can I still pursue the case?
Yes. Wrongful death claims arising from nursing home neglect are pursued under the Florida Wrongful Death Act by the personal representative of the estate, on behalf of the surviving family members. Damages can include lost support and services, mental pain and suffering of close family members, and funeral expenses.
Will pursuing a case mean my loved one gets retaliated against by the facility?
Florida law specifically prohibits retaliation against residents who exercise their rights, including the right to file complaints. If you believe retaliation is happening, that itself can be a separate legal violation. In some cases, families choose to move their loved one to a different facility before or during the case, and we can help with that decision.
How much does it cost to hire a nursing home abuse lawyer?
We work on a contingency fee basis. There are no upfront costs, no hourly billing, and no out-of-pocket fees. Our fee is a percentage of the recovery, and if there is no recovery, you owe nothing. We discuss the exact fee structure at the free case review.
Talk to a Florida Nursing Home Abuse Lawyer
If you suspect that a parent, spouse, or other loved one has been abused or neglected in a Florida nursing home or assisted living facility, the most important thing is to act. Evidence disappears, residents can be moved, and records can be altered. The sooner an attorney is involved, the better the chance of preserving the evidence that will matter.
Tarnovsky Lopez Law represents families across Florida, with offices in Boca Raton and Pensacola and a presence in Melbourne. Russian, Spanish, and Greek language services are available, and the initial consultation is always confidential.
Call 561-368-2755 or request a free case review. There are no upfront costs, and there is no fee unless we recover for you.