Florida Nursing Home Abuse Laws
Created by FindLaw's team of legal writers and editors | Last reviewed December 06, 2018
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
Everyone deserves to live in a safe and dignified manner, particularly nursing home residents and other vulnerable individuals. But, sadly, instances of nursing home abuse and neglect are all-too-common. Most states, including Florida, have statutes that address the specific rights of nursing home residents and the duties of facilities to protect these rights. While acts of physical abuse may elicit criminal charges of assault and battery, Florida statute lists more than 20 specific rights of nursing home residents. When any of these rights is violated, the resident (often through family members) may file a civil suit against the facility's owners and/or staff members.
Details about Florida's nursing home abuse laws are listed below. See Nursing Home Abuse FAQ and Get Legal Help with a Nursing Home Abuse Issue for more details.
Florida Nursing Home Abuse Laws: Overview
|Florida Nursing Home Residents' Rights||
All licensees of nursing home facilities shall adopt and make public a statement of the rights and responsibilities of the residents of such facilities and shall treat such residents in accordance with the provisions of that statement. The statement shall assure each resident the following (§ 400.022):
|Civil Claims for Nursing Home Abuse and Other Violations||
In order to establish liability for a violation of the residents' rights listed above, the plaintiff must show the following elements (§ 400.023):
|Statute of Limitations for Filing a Claim||
|How to Report Instances of Nursing Home Abuse||
Note: If resident is in immediate danger, take necessary steps to remove the resident as soon as possible.
Note: State regulations are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law
- Florida Law
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
Florida Nursing Home Abuse Laws: Related Resources
- How to Report Abuse (Florida Dept. of Children and Families)
- Signs of Elder Abuse
- Reporting Elder Abuse
- How Do I File a Nursing Home Lawsuit?
- Statutory Protection of Older Persons
Get Legal Help With Your Florida Nursing Home Abuse Claim
If you, a family member, or loved one is suffering from nursing home abuse or neglect, you should know that there are legal options. Florida law outlines the rights of nursing home residents and allows for civil lawsuits when any of these rights are violated. Consider meeeting with a Florida injury law attorney experienced in nursing home abuse claims.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.