At Baron, Herskowitz & Cohen, our Miami nursing home abuse lawyers hold negligent facilities, corporate owners, and staff accountable when they harm the vulnerable people entrusted to their care.

We understand that these cases are never just about compensation. They are about justice for someone who could not protect themselves, and about forcing a facility to change so that another family does not suffer the same loss. If you suspect abuse or neglect, call us today at (305) 670-0101 for a free, confidential consultation. You pay nothing unless we win your case.

Contact us to discuss your case. 

It’s truly unfortunate, but neglect and abuse of Florida’s elderly happens every day and can be physical, emotional or financial – or a combination of them all. Our firm finds the abuse and harm of older people to be appalling and – like you – want to do everything we can to address the existing problem and hold people accountable for their actions.

Choosing the right law firm matters. Nursing home abuse litigation is a specialized field that pits your family against well-funded facilities, corporate defendants, and insurance companies that fight hard to minimize what they pay.

You need a firm with the resources, the medical knowledge, and the experience to take them on — and to take them to a courtroom if that is what it takes.

• Decades fighting for injured Floridians. Our trial attorneys have represented individuals and families across Miami-Dade and throughout Florida in serious injury and wrongful death cases.
• A track record of results. We have secured settlements and verdicts in nursing home lawsuits for millions of dollars in compensation.
• What our clients say. Our firm is highly reviewed and trusted by past clients.
• Experienced trial lawyers. We prepare every case as if it will go to trial. Nursing homes and their insurers know which firms are willing to stand in front of a jury, and that reputation drives stronger settlements for our clients.
• There is no fee unless we win. We handle nursing home abuse cases on a contingency-fee basis. You owe us nothing up front and nothing at all unless we recover compensation for your family.
• Personal attention. Perhaps the most important thing to know is that our attorneys and staff are dedicated to providing you with personalized care and support throughout the entire legal process.

Abuse and neglect of the elderly can be found in the form of bedsores, open wounds, cuts, bruises, dehydration, malnutrition, weight loss, burns, falls, bowel impactions, medication errors, poor personal hygiene, verbal or physical abuse, over sedation, stolen money and jewelry among many other forms.

Any change of behavior may be a sign of maltreatment. You should pay attention to your loved one’s behavior and watch for signs. Many times, our elderly loved ones won’t tell us if something is wrong, maybe because they are embarrassed, ashamed or frightened. It’s not uncommon for them to ‘keep quiet’ out of fear of continued abuse. Or, in some cases, they may not be able to communicate or are confused about what proper care is. It is up to you to protect your loved one, to watch for signs and to listen to your instincts.

“Nursing home abuse” is a broad term that covers many different kinds of harm. Some abuse is deliberate and cruel. More often, the harm comes from neglect — a facility that is understaffed, poorly trained, or more focused on profit than on people simply fails to provide the basic care a resident needs to stay safe and healthy. Under Florida law, both intentional abuse and negligent neglect can be the basis for a legal claim. Understanding the categories helps families recognize when something has gone wrong.

Physical Abuse

Physical abuse is the intentional use of force that causes injury, pain, or impairment. In nursing homes it can take the form of hitting, slapping, pushing, kicking, or rough handling during transfers and personal care. It also includes the improper use of physical restraints — tying a resident to a bed or chair — and chemical restraints, which means over-medicating or sedating a resident to keep them quiet and compliant rather than to treat a genuine medical condition. Unexplained bruises, fractures, and repeated “falls” are common signs.

Emotional and Psychological Abuse

Emotional abuse can be just as devastating as physical harm, and it often leaves no visible marks. It includes yelling, threats, insults, humiliation, intimidation, and isolating a resident from friends, family, or activities. A resident who has become suddenly anxious, depressed, withdrawn, or fearful around certain staff members may be experiencing psychological abuse.

Sexual Abuse

Sexual abuse is any non-consensual sexual contact with a resident, including with residents who lack the cognitive capacity to consent because of dementia or other conditions. It is among the most underreported forms of abuse because victims are frequently unable to communicate what happened. Warning signs include unexplained genital or breast injuries, sexually transmitted infections, torn or bloody undergarments, and new fear of being touched.

Financial Exploitation

Financial abuse is the illegal or improper use of an elderly resident’s money, property, or assets. It ranges from outright theft of cash and valuables to forged checks, unauthorized credit card charges, coerced changes to a will or power of attorney, and identity theft. According to AARP research, offenders steal tens of billions of dollars from older Americans every year, and the great majority of financial exploitation is never reported.

Neglect

Neglect is the failure to provide the care, supervision, and basic necessities a resident needs — and it is the most common form of harm in nursing homes. Neglect includes:

•   Medical neglect — failing to provide medication on time, ignoring symptoms, failing to prevent or treat infections and pressure sores, or failing to manage chronic conditions.
•   Personal hygiene neglect — leaving residents unbathed, in soiled clothing or bedding, or without help brushing teeth or grooming.
•   Neglect of basic needs — failing to provide adequate food, water, a clean environment, or appropriate clothing and shelter, leading to malnutrition and dehydration.
•   Neglect of safety and supervision — failing to prevent falls, wandering (elopement), and other foreseeable accidents.

Because many residents cannot or will not tell their families what is happening, whether due to dementia, fear of retaliation, or shame, loved ones are often the first and only line of defense. Learning the warning signs can help you act before a small problem becomes a fatal one. Watch for the following.

Physical warning signs:

•   Unexplained bruises, cuts, welts, or burns
•   Broken bones, sprains, or dislocations
•   Bedsores (pressure ulcers), especially advanced ones
•   Sudden or dramatic weight loss, signs of malnutrition or dehydration
•   Frequent infections, including recurrent urinary tract infections
•   Poor personal hygiene, soiled clothing or bedding, or an unclean room
•   Over-sedation or unexplained changes in medication

Emotional and behavioral warning signs:

•   New anxiety, depression, agitation, or withdrawal
•   Fearfulness around specific staff members
•   Reluctance to speak openly when staff are present
•   Unusual behaviors such as rocking, mumbling, or thumb-sucking
•   Loss of interest in activities the resident once enjoyed

Financial and environmental warning signs:

•   Unexplained withdrawals, transfers, or new account activity
•   Missing cash, jewelry, or personal belongings
•   Sudden changes to a will, deed, or power of attorney
•   Unsafe or unsanitary living conditions
•   Staff who refuse to leave you alone with your loved one, or who discourage visits

If you notice any of these signs, document what you see, ensure your loved one is safe, and speak with an experienced Miami nursing home abuse lawyer as soon as possible. Evidence in these cases — records, staffing logs, photographs — can disappear quickly.

Florida nursing home residents are guaranteed comprehensive legal protections under Florida Statute 400.022, which covers core areas including the right to dignity, freedom from abuse, and medical decision-making. Facilities must post and uphold these rules, ensuring residents maintain their autonomy and safety.

Nursing home abuse lawsuits are based on violations of these rights and others by policies of the nursing home and/or the actions of nursing home employees. The statute also addresses the rights of residents to pursue legal action when their rights are violated.

To successfully proceed with legal action, a victim must 1) establish that the nursing home owed a certain duty to the resident, 2) the nursing home violated this duty and 3) the violation resulted in the resident’s loss, injury, damage or death. Doing so can be complicated and is the main reason why victims of nursing home abuse in Florida hire lawyers to help them.

What should Miami nursing home residents expect?

Bedsores, also called pressure ulcers, pressure sores, or decubitus ulcers, are among the clearest indicators of nursing home neglect. They develop when constant pressure cuts off blood flow to the skin, usually over bony areas like the tailbone, hips, heels, and shoulders. In a properly staffed facility, bedsores are almost entirely preventable, which is why their presence so often points to neglect.

The standard of care requires that immobile residents be repositioned regularly (generally every two hours), kept clean and dry, provided proper nutrition and hydration, and monitored so that any developing sore is caught and treated early. When a facility fails to do these basic things, sores form, deepen, and can lead to serious infection, sepsis, and death.

Bedsores are classified in four stages:

•   Stage 1: The skin is intact but discolored (red on lighter skin, blue or purple on darker skin), and may feel warm, firm, or painful. At this stage the damage is still reversible with prompt care.
•   Stage 2: The skin breaks open, forming a shallow wound, blister, or abrasion that reaches the deeper layer of skin.
•   Stage 3: The sore extends through the full thickness of the skin into the fatty tissue below, creating a deep, crater-like wound.
•   Stage 4: The wound extends into muscle, tendon, or bone. Stage 4 ulcers are life-threatening, frequently become infected, and can require surgery and months or years of treatment.

A resident who develops a Stage 3 or Stage 4 pressure ulcer while under a facility’s care has very likely been neglected. If your loved one has suffered advanced bedsores, contact us, these cases often reveal deeper patterns of understaffing and substandard care.

Nursing home abuse is far more common than most families realize, and the true scale is hidden by chronic underreporting. The numbers make clear that this is a systemic problem, not a series of isolated incidents:

•   Roughly 1 in 10 older Americans experiences some form of abuse, neglect, or exploitation each year, according to the National Institutes of Health, and the rate is even higher for those in institutional care.
•   In a widely cited World Health Organization review, about 2 in 3 nursing home and long-term care staff admitted to committing some form of abuse against residents in the prior year.
•   Abuse is dramatically underreported. Federal estimates suggest that as few as 1 in 24 cases of elder abuse is ever reported to authorities, and financial exploitation may be reported in only about 1 in 44 cases.
•   Residents with Alzheimer’s disease or dementia are especially vulnerable, with some studies finding that as many as half experience abuse — in part because they cannot report what is happening to them.
•   Federal regulators cite nursing homes for thousands of abuse, neglect, and exploitation violations every year, alongside tens of thousands of other health and safety deficiencies — problems that are frequently rooted in understaffing.

(Note: These figures are drawn from public sources including the NIH, WHO, CMS, AARP, and the National Center on Elder Abuse.)

Florida law does not leave nursing home residents unprotected. Under Florida Statute § 400.022, the Residents’ Bill of Rights, every nursing home resident in the state is guaranteed a set of specific legal rights that facilities must honor. These include, among others:

•   The right to be treated with courtesy, dignity, and respect, and to be free from mental and physical abuse
•   The right to be free from unnecessary physical and chemical restraints
•   The right to receive adequate and appropriate health care consistent with an established care plan
•   The right to privacy in treatment and in caring for personal needs
•   The right to private, uncensored communication, including visits, phone calls, and mail
•   The right to manage one’s own financial affairs or receive a quarterly accounting if the facility handles them
•   The right to present grievances and to organize or participate in resident and family groups without fear of retaliation
•   The right to at least 45 days’ notice before an involuntary discharge or transfer and the right to appeal it

When a facility violates these rights and a resident is harmed as a result, Florida Statute § 400.023 allows the resident — or, in the case of a death, their estate and surviving family members — to bring a civil lawsuit to recover damages. These statutory protections are a powerful tool, and an experienced attorney knows how to use them to build a strong case.

Common root causes include:

•   Chronic understaffing. When there are too few nurses and aides for the number of residents, care suffers. Residents are not repositioned, not fed and hydrated properly, not toileted on time, and not adequately supervised. Understaffing is the single most common thread in serious neglect cases.
•   Inadequate hiring and training. Facilities that cut corners on background checks, training, and supervision put dangerous or unqualified people in direct contact with vulnerable residents.
•   High turnover and burnout. Overworked, poorly supported staff are more likely to make mistakes and, in some cases, to lash out.
•   Putting profits over people. For-profit ownership structures sometimes prioritize margins over adequate staffing, supplies, and equipment.
•   Concealment. Facilities may falsify records, downplay injuries, or delay notifying families in an effort to avoid liability — which is exactly why an independent investigation matters.

One of the reasons these cases require an experienced attorney is that liability is often shared among several parties, and identifying every responsible defendant is essential to recovering full compensation. Depending on the facts, those who may be held accountable include:

•   The nursing home or assisted living facility itself, for negligent care, understaffing, or failure to maintain a safe environment
•   The corporate parent or management company that owns or operates the facility and sets staffing and budget policy
•   Individual employees, such as nurses, aides, or administrators who committed abuse or failed to act
•   Third-party contractors, including staffing agencies, physicians, therapists, or maintenance companies whose negligence contributed to the harm

Facilities frequently use complex corporate structures to shield owners from responsibility. Our attorneys know how to pierce through those layers to reach the parties — and the insurance coverage — that can actually make your family whole.

No amount of money can undo what happened to your loved one. But compensation can pay for the medical care they now need, hold the facility financially accountable, and — in cases of egregious conduct — punish and deter wrongdoing. The damages available in a Florida nursing home abuse case generally fall into several categories.

Economic Damages

These are the concrete, out-of-pocket losses caused by the abuse or neglect, including past and future medical bills, the cost of treating injuries and infections, the cost of moving the resident to a new facility, and related expenses.

Non-Economic Damages

These compensate for the human costs that do not come with a receipt: the resident’s physical pain, emotional suffering, humiliation, disfigurement, and loss of dignity and enjoyment of life.

Punitive Damages

When a facility’s conduct is especially reckless or intentional, Florida law may allow punitive damages. These are not tied to a specific loss; their purpose is to punish the wrongdoer and to deter similar conduct in the future. Punitive damages require meeting a heightened legal standard, which is one more reason to have an experienced trial firm on your side.

Wrongful Death Damages

When abuse or neglect causes a resident’s death, Florida’s Wrongful Death Act allows surviving family members and the estate to recover damages that may include medical and funeral expenses, the family’s loss of the loved one’s companionship and guidance, and the survivors’ mental pain and suffering. These are among the most serious cases we handle, and we approach them with the sensitivity they deserve.

Florida law places strict deadlines on nursing home abuse claims, and missing them can permanently bar your case. Under Florida Statute § 400.0236, a nursing home claim generally must be filed within two years of when the incident occurred or when it was — or reasonably should have been — discovered. There is also an outer limit, known as a statute of repose: in most circumstances, no claim may be brought more than four years after the incident, regardless of when it was discovered. In cases involving fraud, concealment, or intentional misrepresentation that prevented the family from discovering the harm, that outer limit can extend to a maximum of six years.

Because these deadlines are unforgiving and because critical evidence fades quickly, it is important not to wait. The sooner you contact a lawyer, the sooner we can preserve records, interview witnesses, and protect your family’s rights. Call (305) 670-0101 today — even if you are not sure you have a case, a free consultation costs you nothing and can tell you where you stand.

If you believe a loved one is in immediate danger, call 911 first. To report suspected abuse or neglect and trigger an official investigation, Florida families have several avenues, and you can pursue these alongside a civil claim:

•   Florida Abuse Hotline (Department of Children and Families): 1-800-96-ABUSE (1-800-962-2873), available 24/7, to report abuse, neglect, or exploitation of a vulnerable adult.
•   Florida’s Long-Term Care Ombudsman Program, which advocates for residents of nursing homes and assisted living facilities and investigates complaints.
•   The Agency for Health Care Administration (AHCA), which licenses and inspects Florida nursing homes and accepts complaints about facility conditions and care.

Reporting to these agencies is important, but it is not the same as pursuing a legal claim. State investigations focus on regulating the facility; they do not recover compensation for your family. An attorney can help you do both — and can make sure that evidence uncovered in an investigation is used to strengthen your civil case.

Winning a nursing home abuse case takes far more than telling a sympathetic story. It requires proving, with evidence, that the facility owed your loved one a duty of care, breached the standard of care, and caused real harm. Here is how we do that.

We investigate thoroughly. We move quickly to preserve and obtain medical records, care plans, staffing schedules, incident reports, internal communications, and state inspection histories. Staffing logs in particular often reveal the understaffing at the heart of a neglect case.

We consult the right experts. We work with medical professionals, nurses, life-care planners, and other specialists who can explain what the standard of care required, how the facility fell short, and how that failure caused your loved one’s injuries.

We identify every liable party. As discussed above, we trace ownership and management structures to reach the corporate defendants and insurance coverage that can fully compensate your family.

We handle the litigation while you focus on your family. From filing the complaint through discovery, depositions, negotiation, and — if necessary — trial, we carry the legal burden so you can focus on your loved one’s care and recovery.

Throughout the process, we keep you informed and treat you with the compassion this situation demands.

We believe every family deserves access to a skilled advocate, regardless of their financial situation. That is why we handle nursing home abuse and neglect cases on a contingency-fee basis. There are no upfront costs and no out-of-pocket legal fees.

We only get paid if we recover compensation for you — our fee is a percentage of that recovery. This arrangement lets you pursue justice without financial risk, and it aligns our interests directly with yours: we win when you win.

How do I know if I have a nursing home abuse case?

If your loved one was harmed — physically, emotionally, financially, or through neglect — while under a facility’s care, you may have a claim. The key questions are whether the facility failed to provide a reasonable standard of care and whether that failure caused injury. You do not need to know the answers before calling. Our attorneys will review the facts for free and tell you honestly whether you have a case.

What does it cost to hire a nursing home abuse lawyer?

Nothing up front. We work on a contingency-fee basis, which means you pay no legal fees unless and until we recover compensation for you. The initial consultation is always free and confidential.

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

Generally two years from the date the abuse or neglect occurred or was discovered, with an outer limit of four years (extendable to six in cases of fraud or concealment) under Florida Statute § 400.0236. Because deadlines are strict and evidence fades, it is best to act quickly.

Can I sue if my loved one has passed away?

Yes. When abuse or neglect causes a resident’s death, Florida’s Wrongful Death Act allows the estate and eligible surviving family members to bring a claim for damages, including funeral expenses, loss of companionship, and the survivors’ pain and suffering.

Can I sue both the nursing home and its staff?

Often, yes. Liability may be shared among the facility, its corporate owner or management company, individual employees, and third-party contractors. Identifying every responsible party is essential to recovering full compensation, and it is one of the first things we investigate.

What if I signed an arbitration agreement when my family member was admitted?

Many facilities ask families to sign arbitration agreements at admission. These are not always enforceable, and their scope can be challenged. Do not assume you have given up your right to sue — let an attorney review the paperwork before you decide.

Will pursuing a claim get my loved one removed or retaliated against?

Florida law protects residents from retaliation for asserting their rights or filing complaints. If you are worried about your loved one’s safety or their placement, tell us — protecting them is our first priority, and we can help you take steps to keep them safe.

How much is a nursing home abuse case worth?

Every case is different. The value depends on the severity of the harm, the type of conduct involved, the economic losses, and other factors. During your free consultation we can discuss what your case may be worth after we understand the facts. 

If you believe your loved one has been abused or neglected in a Miami nursing home or assisted living facility, do not wait. Evidence disappears, deadlines pass, and most importantly, every day of delay is another day a vulnerable person may remain in harm’s way.

The lawyers at Baron, Herskowitz & Cohen are ready to listen, to investigate, and to fight for the justice your family deserves.

Call (305) 670-0101 or contact us online for a free, confidential consultation. There is no fee unless we win.

Baron, Herskowitz & Cohen

9100 S Dadeland Blvd, Suite 1704, Miami, FL 33156

Phone: (305) 670-0101 · Email: info@bhfloridalaw.com

The information on this page is provided for general educational purposes and does not constitute legal advice. Prior case results do not guarantee a similar outcome in future cases.

Legal resources and Florida nursing home abuse news:

Report abuse today – file a complaint with the Florida Long-Term Care Ombudsman Program, a volunteer-based advocacy organization seeking to improve long-term care facility residents’ quality of life and care. Investigates complaints made by or on behalf of residents. All investigations are confidential and provided at no charge.

Call at: 1-888-831-0404 (toll-free) or 1-850-414-2323
Write at: 4040 Esplanade Way Tallahassee, FL 32399-7000
Report elder abuse, neglect or exploitation

The Department works in conjunction with the Department of Children and Families (DCF) Adult Protective Services and the Aging Network to protect disabled adults or elderly persons from further occurrences of abuse, neglect or exploitation. Services provided may include protective supervision, placement and in-home and community-based services.

To report online – go to the DCF web site at www.dcf.state.fl.us/service-programs/abuse-hotline/report-online.shtml

To report by phone – call Florida Abuse Hotline at 1-800-96-ABUSE (1-800-962-2873). Press 1 to report suspected abuse, neglect or exploitation of a vulnerable adult. This toll free number is available 24/7. TTY (Telephone Device for the Deaf):1-800-955-8771.