The duty to prevent falls. Federal rules for Medicare- and Medicaid-certified nursing homes require a comprehensive assessment and individualized care plan for every resident, and adequate supervision and assistance devices to prevent accidents. Facilities are expected to reassess after a fall or a change in condition. When a facility doesn't follow its own care plan, that's strong evidence of negligence.
Residents' rights and the right to sue. Florida's § 400.022 guarantees residents adequate and appropriate health care, and § 400.023 lets a resident — or a guardian or the personal representative of the estate — bring a claim when negligence or a rights violation causes harm.
Staffing. Florida sets minimum direct-care staffing standards for nursing homes in § 400.23. We compare daily staffing records to those standards and to what your loved one's care plan required.
Presuit notice. Before a lawsuit, the facility must be served with a notice of intent by certified mail, which starts a 75-day presuit period. The statute of limitations is paused during that time.
Assisted living. Falls in assisted living facilities fall under Chapter 429, which has its own residents' rights and remedies. We handle both. AHCA inspection reports for Florida facilities are public and often show a pattern of fall-related deficiencies.