Justia Lawyer Rating
American Association for Justice
Southwest Florida Hispanic Chamber of Commerce
The Best of Cape Coral 2020
The National Trial Lawyers Top 100
BBB Accredited Business

Nursing Home Negligence

Elder Couple

When we place our loved ones in the care of a nursing home, we expect that they will be well taken care of. Sometimes, however, our elder family members may suffer harm as the result of mistreatment, neglect, or carelessness.

Our elder abuse attorneys represent individuals and families in cases involving nursing home negligence. We work closely with our clients and strive to hold licensed care facilities responsible for their actions.

Proving Nursing Home Negligence

General negligence principles apply in nursing home cases. This means that to recover damages for injuries sustained because of fault by a facility, you must show that it breached its duty of care. As licensed care facilities, all nursing homes have standards by which they must operate. If they violate these standards, with a result of injury or death, they may be held liable for their actions.

Additionally, Florida has enacted statutes specifically concerning nursing homes that also provide a manner in which damages can be sought. These laws were enacted by the Florida legislature in order to set forth basic guidelines for the care of nursing home residents and to ensure that aspects concerning health and treatment are safe and appropriate.

The nursing home legislation gives patients a cause of action when there has been negligent behavior or a violation of rights on the part of a facility or its employees. The patient rights set out in these laws include the right to receive adequate health care and services, the right to be treated with dignity, and the right to be informed regarding medical treatment. Moreover, nursing home residents have the right to be free from any type of physical abuse, seclusion, or restraint.

It is important to understand that the specific nursing home laws do not prevent you from also bringing an action based on negligence. In situations where the nursing home neglect or wrongdoing has caused the death of a patient, the patient's family may proceed in a wrongful death claim against the facility.

Statute of Limitations

There is a time limitation on filing suit for nursing home negligence. Injured nursing home residents and their families have only 2 years in which to file a claim against the facility. The time begins to run from the date on which the injury occurred.

Under certain situations, the deadline for filing may be extended. This may be possible if a nursing home facility concealed its behavior or misrepresented information to the patient's family. Regardless, it is crucial to obtain legal representation as soon as you have discovered a nursing home's malfeasance. If you fail to file a timely claim, you may be completely barred from any recovery whatsoever.

Our injury lawyers have extensive experience bringing claims under all theories of nursing home negligence. In some cases, it may be possible to seek punitive damages for the resulting injuries. The purpose of punitive damages is to punish a nursing home for its conduct. As such, it is necessary to show that a facility's behavior has been particularly egregious, demonstrating willful, wanton, or intentional misconduct.

Our Legal Team

If you suspect delinquent behavior by a nursing home, you should consider contacting the negligence lawyers at Lusk, Drasites, & Tolisano. Our elder abuse lawyers bring suit on behalf of families in order to improve conditions at these facilities. We serve residents near Cape Coral, Fort Myers, and Naples. To speak with a Florida elder abuse attorney about your case, call (800) 283-7442.

Client Reviews
“We were stressed out enough after the accident that cut our vacation short. I did not want to deal with insurance and doctor bills. LD&T took care of everything. We were able to focus on just getting better. THANK YOU!” - Kim K.
"Lusk, Drasites and Tolisano have been so helpful with one of the hardest times of my life after a car accident. Mark Drasites and his assistant Rebecca have kept me informed the entire way and put me at ease. They truly care for their clients and put your best interest first. They have helped me to get the best ending result possible and I would highly recommend them to anyone looking for someone to represent them." - Jennifer H.
"I will highly recommend this firm to anyone. I went to Bruce l Schiner and to morgan and morgan, both of them turned me away, and would not take my case. I got Mark Drasites card from my doctor and not only did they take my case, I got $20,000 when my case was done. Mr. Mark and Rebecca took very good care of me and were always on top of everything. I would use this firm again if anything happens and I will recommend them to everyone I know." - TL K
"Best law firm in town! Attentive and professional staff always there to answer any questions or concerns." - Limenita C.
"Very professional staff. They treat you like family." - Karen R.