Residents' rights (§ 400.022). Florida lists specific rights every nursing home resident has, including the right to be treated with dignity and respect, to privacy, to adequate and appropriate health care, and to be free from mental and physical abuse and from unnecessary physical or chemical restraints.
The right to sue (§ 400.023). A resident whose rights were violated or who was harmed by negligence can bring a claim against the facility. If the resident has a guardian, or has died, the claim can be brought by the guardian or the personal representative of the estate. Liability can reach the facility, its management company and the people responsible for staffing and care.
Presuit notice (§ 400.0233). Before filing a lawsuit, the claimant must serve the facility with a notice of intent to sue by certified mail. That starts a 75-day presuit investigation period, during which the statute of limitations is paused and both sides exchange information. Done right, this stage can lead to a resolution; done wrong, it can delay or damage the case.
Punitive damages. Florida allows punitive damages against nursing homes only in limited cases of gross negligence or intentional misconduct, and only after the court finds a reasonable basis for the claim.
Assisted living facilities. Assisted living facilities are governed by Chapter 429, which has its own residents' rights and civil remedies. We handle cases in both settings.
Arbitration agreements. Federal rules bar Medicare- and Medicaid-certified nursing homes from requiring residents to sign arbitration agreements as a condition of admission. Agreements signed by someone without legal authority, or buried in admission paperwork, can often be challenged. When a fall is part of the harm, see our nursing home fall page.