Miami Nursing Home Negligence Lawyer

On Behalf of | Jan 19, 2021 | Nursing Home Abuse

The American population is aging rapidly.  More then 50 million people in the country are older than 65.  Older people are susceptible to contagious illnesses due to compromised immune systems.  Compared to the young,  the elderly experience more severe symptoms and undergo longer recovery periods.  Some of the most vulnerable individuals in our society live in nursing homes. 

Nursing homes have a duty to provide reasonable care for residents and protect them against future illnesses.  When they fail to do this, they can be held accountable for harm caused to the residents.  If you believe that your loved one is receiving inadequate care at a nursing home due to negligence and carelessness of the nursing home staff and management,  you should enlist the services of an experienced nursing home negligence attorney to bring about a claim for negligence against the liable parties. 

Negligence can take many forms in a nursing home, from failure to provide adequate treatment to not providing a healthy environment to its residents.  Incidents of nursing home negligence are rarely reported to the proper authorities.  Residents are reluctant to complain out of fear of retaliation from nursing home staff or embarrassment. The elderly are vulnerable and often unable to defend themselves.  Many are too afraid to come forward when they become victims of neglect and mistreatment. 

Nursing home negligence occurs when :- 

  • The Nursing home (defendant) owed the resident (plaintiff) a duty of care. 
  • The defendant breached this duty. 
  • The defendant’s actions or failure to act was a proximate cause of injury to the plaintiff. 
  • The plaintiff suffered injuries. 

Nursing homes have a duty of care towards their residents.  They are required to maintain certain standards and procedures which include properly assessing the health of each resident and catering to the residents’ basic needs.  Each resident requires a personal care plan in place which if followed diligently, will help prevent injuries and ensure needs of residents are met. 

As residents live in close proximity to each other and share the same sources of air, food, water and health care, there is every possibility of contagious diseases spreading. Visitors, caregivers, suppliers and support staff can also spread infections. 


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 a victim of negligence after being placed in a nursing home, then be sure to look at the following common signs, 

  • Mood Swings and Emotional Outbursts. 
  • Lack of cleanliness and poor physical appearance. 
  • Being withdrawn or distant.
  • Bedsores 
  • Unexplained weight loss or weight gain. 
  • Chronic dehydration. 
  • Being left alone for long in one’s soiled diapers and garments. 
  • Frequent infections. 
  • Recurring medical issues. 
  • Failure to provide timely treatment for injuries and necessary medication on time. 
  • General lack of compassion and attention from staff members towards residents. 

If you notice any sign of Nursing home negligence, you should do the following right away:- 

  • Document what you witnessed.  Write down the date, location and time of the incident. 
  • Collect names of the staff members present on duty at the time of the incident and also the names and addresses of any outsiders present in the facility who witnessed the incident.  The testimony of witnesses is always crucial in deciding the outcome of such cases. 
  • Contact the victim’s family or loved ones and inform them of the incident. 
  • Inform the authorities so they can carry out a full investigation into the incident. 


There are specific time limits, restrictions and rules for filing a nursing home negligence claim.  An experienced nursing home negligence lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case.  

If you suspect that a loved one has been a victim of negligence while staying in a nursing home, your first reaction should be to seek the best treatment for your loved one and then contact a Miami nursing home negligence 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 negligence should be filed within two years of discovery of the neglect.  


Our Miami nursing home negligence lawyers seek to get maximum compensation for the victim of Nursing home negligence and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained. 

If your loved one has been a victim of Nursing home negligence, it is your moral duty to take action against the perpetuators of such negligence and bring them to justice.   If the nursing home is found liable,  you would be entitled to claim and recover compensation and damages on behalf of the victim. The victim may be entitled to receive a settlement for following expenses and damages :- 

  • Future and past medical bills, including mental health and rehabilitation costs. 
  • Financial losses. 
  • Pain and suffering. 
  • Emotional distress and mental anguish. 
  • Legal fees. 

In a Nursing Home Negligence 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 negligence 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. Our team of Miami Nursing Home Negligence Attorneys does the following for our clients while investigating a claim:- 

  • Gather and analyze the Victim’s medical records. 
  • Thoroughly investigate each claim. 
  • Have access to leading investigators and experts who assist us to build a strong case. 
  • Determine how the negligence occurred. 
  • Assess the extent of injuries sustained. 
  • Calculate total damages. 
  • Identify liable parties. 
  • Study internal nursing home records and staff records too.  


If your loved one has been a victim of Nursing Home negligence, such a victim deserves to be duly compensated for the injuries suffered and other damages.  Call our Miami Nursing Home Negligence Attorneys 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.