Miami Nursing Home Claims

On Behalf of | Jul 14, 2020 | Nursing Home Abuse

Many nursing homes fail to provide compassionate and comprehensive care to elderly and dependent adults in a safe environment. Nursing home abuse can lead to physical injuries and long term psychological consequences.

Nursing home abuse can be difficult to detect and many such cases go unreported. Residents with severe physical and cognitive disabilities are targets of abuse and neglect. In most cases, the perpetuators are the very care givers that are entrusted to protect are most vulnerable.

Nursing Home Abuse cases often involve complex medical issues and require expert witnesses and well prepared evidence to prove the quality of care received by the victim was inadequate.  Our team of experienced and skilled Nursing Home Abuse Lawyers litigate your case so that you can focus on recovering from the harrowing experience of having your loved one go through abuse and neglect.


The National Center on Elder Abuse recognizes the following types of abuse towards Elders and dependent adults in Nursing homes:-

  • Physical Abuse – Physical abuse is any forceful action which causes physical harm and injury.  Such physical abuse may be intentional such as hitting, slapping, punching, kicking, shoving, force feeding and pinching or unintentional such as neglect, over use of restraint and lack of physical care.  
  • Sexual Abuse – Sexual Abuse involves any form of non-consensual sexual contact.  It includes unwanted sexual touching, forced nudity and even rape. Residents who are cognitively compromised such as dementia patients are easy targets of sexual exploitation.
  • Psychological Abuse – Psychological abuse includes yelling, criticizing, humiliating or shaming the resident.  Victims of such abuse may exhibit behavioural changes.
  • Financial Exploitation – Financial exploitation involves any sort of theft or economic exploitation of the Elderly resident.  It includes acts such as unauthorized control of a patients financial resources, direct theft from his accounts, applying for credit on his behalf,  security and medical claim frauds.
  • Neglect – Neglect is often unintentional and a result of inadequate staffing.  Neglect occurs when there is a failure to attend to a patient’s basic needs such as personal hygiene, food, clothing, water, sanitation, medical attention and human companionship.

In most cases, the abuser is a member of the staff of the nursing home.  But there are many instances where other fellow residents or even visitors to the facility are perpetuators of the abuse.


On visits to the nursing home, it is necessary to look around and see if the premises are clean and safe.  It is also important to observe if other residents are healthy and cheerful or not.  If you suspect that a loved one is being abused or neglected after being placed in a nursing home, then be sure to look at the following common signs,

  • Broken bones or Fractures.
  • Bruising, cuts or welts.
  • Mood Swings and Emotional Outbursts.
  • Reclusiveness and refusal to Communicate.
  • Refusal to Eat or take Medicines.
  • Lack of cleanliness and poor physical appearance.
  • Being withdrawn or distant.
  • Sexually transmitted disease.
  • Injuries to the genitals, breasts or buttocks.
  • Blood or fluid stains on clothes and bedding.
  • Money withdrawn from victim’s accounts without his or her permission or knowledge.
  • Victim’s credit and debit cards used without his permission or knowledge.
  • Bedsores
  • Frequent infections
  • Recurring medical issues

The elderly are vulnerable and often unable to defend themselves.  Many are too afraid to come forward when they become victims of neglect, abuse or mistreatment.

It is generally up to family members to stay in contact with residents of Nursing Homes and detect when something is wrong.


If you suspect that a loved one has experienced abuse while staying in a nursing home, your first reaction should be to inform the authorities and then contact a Miami nursing home abuse lawyer who can quickly sort out your case and determine the future course of action.

One of the most important aspects of filing a Civil Lawsuit is the need to file it within the Limitation period.  In Florida, a Civil Lawsuit for Nursing Home Abuse should be filed within two years of discovery of the abuse.  Hiring an experienced Miami Nursing Home Abuse Lawyer ensures that the case is filed before the expiration of the statute of Limitations 

Before case is filed, potential plaintiff has to take specific steps in collecting details of injuries and presenting them in the claim as evidence.  If there are witnesses, it is essential to record their account of what happened.


If your loved one is a victim of Nursing Home Abuse, you may be entitled to receive a settlement for following expenses and damages :-

  • Future and past medical bills, including mental health and rehabilitation costs.
  • Stolen funds and property.
  • Mental pain and suffering.
  • Legal fees.
  • Pain and Suffering

In a Nursing Home Abuse or Neglect Lawsuit, the case may be filed against both the employees and the Nursing Home itself.  Under the doctrine of Vicarious Liability, the Nursing home would be responsible for the actions of its employees.


Our qualified Attorneys possess in depth knowledge and experience in recovering compensation through verdicts and settlements for victims of nursing home abuse cases in Miami and all across Florida.  We know how to effectively deal with Attorneys and Insurance Companies that represent Nursing Homes and their employees.

We know how to obtain and review medical records and have access to the best medical experts.


If your loved one has been a victim of Nursing Home Abuse, such a victim deserves to be duly compensated for the injuries suffered and other damages.  The perpetuator/s of such abuse and neglect should be brought to justice.  Call our Miami Nursing Home Abuse Attorney for a free case evaluation right away.

Mark Kaire has been practicing law in Miami for nearly 30 years. He is dedicated to helping the injured people of Miami receive compensation. Mr. Kaire has been blogging on Miami’s legal issues for many years.