Nursing Home & Assisted Living Facility Negligence

Introduction

You placed your parent or family member in a Fort Lauderdale, Hollywood, Pompano Beach, or Plantation nursing home or assisted living facility because you trusted it to provide safe, attentive care. Then something went wrong — a bedsore that progressed to Stage 3 or Stage 4, a fall with no incident report filed, medications given at the wrong dose, or signs of physical abuse the staff tried to explain away. Chapters 400 and 429 of the Florida Statutes give residents specific rights and give families legal recourse — including the right to attorneys’ fees in cases of proven negligence. These cases require the complete care record, staffing logs, incident reports, and Agency for Health Care Administration (AHCA) inspection history — records facilities routinely delay or withhold. Rothenberg Law handles these cases throughout Broward County and South Florida and knows how to get the records and expert support needed to hold these facilities accountable. Call today.

Nursing Home and ALF Negligence Cases Rothenberg Law Handles

Rothenberg Law handles all types of nursing home and assisted living facility negligence claims throughout Broward County and South Florida, including:

Pressure ulcer (bedsore) cases — Stage 3 and Stage 4 wounds recognized as preventable with adequate staffing

Fall and fracture cases — hip fractures, traumatic brain injuries, and spinal injuries from preventable falls

Medication error cases — wrong drug, wrong dose, missed doses, and dangerous drug interactions

Malnutrition and dehydration cases — systemic failures in nutrition monitoring and hydration protocols

Physical abuse by facility staff — striking, restraining, or otherwise harming residents

Emotional and psychological abuse — intimidation, humiliation, and threats by staff

Financial exploitation of residents — unauthorized charges, theft, and misappropriation of funds

Elopement cases — residents wandering from the facility without adequate supervision

Sepsis and untreated infection cases — wounds and infections left unaddressed until critical

Wrongful death arising from nursing home neglect — see our wrongful death page

How Rothenberg Law Is Different

Rothenberg Law obtains the complete resident care record, staffing ratios, incident reports, and AHCA inspection and survey citations immediately — before the facility has time to prepare a legal defense.

We know Chapters 400 and 429 of the Florida Statutes in detail and use them to pursue every category of damages the law permits, including attorneys’ fees in proven negligence cases under Fla. Stat. § 400.023.

We cross-reference Centers for Medicare & Medicaid Services (CMS) Five-Star Quality ratings and Florida Long-Term Care Ombudsman Program complaint records to build a documented deficiency history.

We work with geriatric care and medical experts who identify exactly where the facility’s conduct fell below the required standard.

Rothenberg Law takes on the facility’s corporate insurer and legal team directly, fully prepared to litigate.

What Compensation Can You Recover in a Florida Nursing Home Negligence Case?

Florida law provides comprehensive remedies for victims of nursing home and ALF negligence. Recoverable compensation may include:

All medical costs arising from the neglect or abuse — hospitalization, emergency treatment, wound care, surgery

Ongoing medical expenses for injuries requiring extended treatment

Pain and suffering of the resident

Mental anguish of the resident and surviving family members

Loss of dignity — a recognized element of damages under Chapter 400

Attorneys’ fees — recoverable by the prevailing plaintiff under Fla. Stat. § 400.023, which significantly increases overall case value

Punitive damages — available in cases of intentional abuse or gross negligence by facility staff or management

How We Handle Your Case — Step by Step

Call Rothenberg Law and describe what happened. We advise you on whether to contact the Agency for Health Care Administration (AHCA) and how to document current conditions.
We immediately request the complete resident care file, AHCA inspection and survey history, all incident reports, and staffing logs for the relevant period.
We cross-reference CMS Five-Star quality data and Florida Long-Term Care Ombudsman Program complaint records to establish the facility’s documented prior deficiencies.
We retain a medical expert to review the care provided and identify specific departures from the applicable standard of care.
We document all injuries, hospitalizations, and the full impact on your loved one’s health, dignity, and quality of life.
We negotiate a fair resolution or take the case to trial in Broward County’s 17th Judicial Circuit if the facility refuses to accept responsibility.

Why Acting Quickly Is Critical in Nursing Home Negligence Cases

Care records and staffing logs can be altered or “corrected” after an incident is reported. Immediate record requests and preservation demands are the only way to lock this evidence in place.

The facility may transfer your loved one to a different unit or facility to reduce visibility of the negligence. Documenting conditions immediately is essential.

Staff turnover in nursing homes is high — witnesses to the incident may leave the facility within weeks. Early statements are critical.

AHCA complaint investigations have their own timelines and can parallel your civil claim. Rothenberg Law advises on whether and when to file.

Florida’s statute of limitations for nursing home negligence claims is two years from discovery under Fla. Stat. § 400.023. Some claims may trigger medical malpractice pre-suit requirements under Chapter 766 — procedures that must be followed before suit can be filed.

Frequently Asked Questions

What rights do nursing home residents have in Florida?

Chapter 400 of the Florida Statutes establishes a Resident Bill of Rights guaranteeing the right to adequate medical care, the right to be free from abuse, neglect, and exploitation, the right to dignity and privacy, and the right to retain an attorney. The Centers for Medicare & Medicaid Services (CMS) publishes a Five-Star Quality Rating for all Medicare-certified nursing homes — a resource Rothenberg Law uses to document a facility’s prior deficiencies. Violations of resident rights entitle the prevailing party to attorneys’ fees under Fla. Stat. § 400.023.

Can I sue a Florida nursing home for a bedsore (pressure ulcer)?

Yes. Stage 3 and Stage 4 pressure ulcers are widely recognized as preventable with proper repositioning, nutrition, and skin care protocols. Their presence in a care facility is frequently direct evidence of inadequate staffing or systemic neglect. Rothenberg Law handles bedsore cases throughout Broward County and retains the geriatric and medical experts needed to establish causation and the departure from the standard of care.

What types of abuse or neglect can I file a nursing home claim for in Florida?

Florida law recognizes claims for physical neglect (bedsores, falls, malnutrition, dehydration), medical neglect (missed medications, untreated infections), physical abuse, emotional abuse, and financial exploitation. Claims may be brought under Chapter 400 (nursing homes), Chapter 429 (ALFs), and standard negligence. The Florida Long-Term Care Ombudsman Program also accepts complaints about facility conditions.

How much can I sue a nursing home for in Florida?

There is no statutory cap on compensatory damages in Florida nursing home negligence cases under Chapters 400 and 429. Recoverable damages include medical costs, pain and suffering, mental anguish, and loss of dignity. Punitive damages are available for intentional misconduct or gross negligence. Critically, attorneys’ fees are recoverable by the prevailing plaintiff under Fla. Stat. § 400.023, which significantly increases the total value of a successful case. Rothenberg Law provides a free case evaluation and a realistic assessment of recovery potential.

How long do I have to file a nursing home negligence claim in Florida?

Two years from when the incident was discovered or should have been discovered under Fla. Stat. § 400.023. Some claims may also trigger Florida’s medical malpractice pre-suit requirements under Chapter 766, which Rothenberg Law evaluates in every case to ensure the correct process is followed and no deadline is missed.

Serving Fort Lauderdale, Broward County, and South Florida

Rothenberg Law handles nursing home and assisted living facility negligence cases throughout Broward County — including Fort Lauderdale, Hollywood, Pompano Beach, Plantation, Coral Springs, Deerfield Beach, and Hallandale Beach. Residents harmed in local facilities often require transfer and treatment at Broward Health Medical Center, Memorial Regional Hospital, or Holy Cross Health. Cases are filed with the Agency for Health Care Administration (AHCA) District 10 office where applicable, and litigated in Broward County’s 17th Judicial Circuit Court of Florida.

Speak With a Florida Nursing Home Negligence Attorney Today

If your family member was harmed in a nursing home or assisted living facility in Fort Lauderdale or Broward County, call Rothenberg Law today.

Free consultation. No fee unless we recover compensation.

Florida law entitles you to attorneys’ fees in proven negligence cases — and Rothenberg Law pursues that recovery on your behalf.