Miami Nursing Home Negligence Lawyer – Protecting Your Loved Ones from Abuse and Neglect

If your elderly loved one has suffered harm in a Miami nursing home, you need an experienced advocate who understands the laws, regulations, and rights of vulnerable residents. At Rafaeli Law PLLC, our Miami nursing home negligence lawyers are dedicated to holding negligent nursing homes accountable for abuse, neglect, and substandard care. We help families seek justice and secure compensation for emotional, physical, and financial harm caused by nursing home misconduct.

Understanding Nursing Home Negligence in Florida

Nursing home negligence occurs when a facility or its staff fails to provide adequate care, leading to physical, emotional, or financial harm to a resident. In Florida, nursing homes are required to meet strict standards under both federal law and the Florida Statutes Chapter 400.

Types of negligence include:

Medical Neglect: Ignoring health concerns, failing to administer medication, or not seeking timely medical attention. This can result in infections, untreated injuries, and worsening chronic conditions.
Personal Hygiene Neglect: Residents left soiled or without assistance, bathing, and dressing. This often leads to skin infections and decreased self-worth.
Emotional Neglect: Isolating residents, ignoring call buttons, or verbal abuse by staff. This type of neglect can lead to depression, anxiety, or cognitive decline.
Physical Abuse: Includes hitting, slapping, improper restraint use, or rough handling. These actions not only cause injury but also violate the trust placed in caregivers.

According to the Florida Health Care Association, the state has over 700 licensed nursing homes serving more than 70,000 residents. Sadly, oversight gaps and understaffing contribute to increased reports of elder neglect and abuse in Miami-Dade County.

For further reading, see the Florida Department of Elder Affairs, which provides resources and data on elder care regulation and complaints.

Common Signs of Nursing Home Neglect or Abuse

Loved ones may not always be able to speak up. That’s why it’s important to know the warning signs:

Unexplained bruises, burns, or fractures: These could indicate physical abuse or improper handling.
Frequent falls or pressure sores (bedsores): May signal a lack of supervision or movement assistance.
Poor hygiene or foul odors: Indicates that staff may be neglecting personal care and sanitation.
Emotional withdrawal or sudden mood changes: A red flag for emotional mistreatment or fear.
Weight loss or dehydration: Often caused by improper meal service or withholding food and water.
Unattended medical needs: Including infections, medication issues, or failure to treat illnesses.
Sudden financial changes: Could point to financial exploitation by staff or other residents.

Document these signs and consult with a Miami nursing home abuse attorney immediately if you suspect mistreatment.

Who Can Be Held Liable in a Miami Nursing Home Abuse Case?

Several parties can be held accountable for elder abuse or neglect:

The nursing home facility may be liable for negligent hiring, training failures, unsafe conditions, or insufficient staffing levels.
Individual staff members: Including nurses, aides, or administrators who directly cause harm through actions or inactions.
Third-party providers: Such as on-site contractors, cleaning services, or medical personnel brought in by the facility.

At Rafaeli Law PLLC, our attorneys conduct thorough investigations, review staff records, and collaborate with experts to build strong cases. You can view examples of our success on our case results page.

Florida Law and Resident Rights in Nursing Homes

Under Florida law, residents are protected by a Nursing Home Residents’ Bill of Rights, which includes the right to:

Dignified treatment and privacy: Ensures residents are respected as individuals and not subjected to humiliation.
Access to proper health care and medications: Facilities must provide prompt and appropriate medical treatment.
Freedom from mental and physical abuse: No resident should experience intimidation, coercion, or bodily harm.
Participation in personal care decisions: Includes choosing doctors, managing medications, and involvement in care plans.

To learn more about your rights, visit our comprehensive nursing home negligence resource page.

Types of Nursing Home Negligence Cases We Handle

Our Miami elder abuse attorneys handle a broad range of claims:

Type of Case	Example Incidents	Legal Basis
Physical Abuse	Bruising, improper restraints	Battery, assault, negligence
Medical Neglect	Bedsores, untreated infections	Breach of duty of care
Emotional Abuse	Verbal threats, isolation	Intentional infliction of emotional distress
Financial Exploitation	Sudden asset transfers, forged signatures	Fraud, undue influence
Malnutrition & Dehydration	Weight loss, fatigue, vitamin deficiencies	Negligent supervision, inadequate food service

Our personal injury lawyers bring extensive knowledge of complex elder care cases.

Miami Nursing Home Negligence Statistics

According to the National Center on Elder Abuse (NCEA):

1 in 10 elders experience some form of abuse each year.
Only 1 in 14 cases of elder abuse are reported to authorities.
In 2022, Florida’s Long-Term Care Ombudsman Program received over 2,500 complaints from nursing home residents or their families.
Miami-Dade County consistently ranks among the top regions in the state for elder abuse reports, largely due to the region’s high concentration of senior residents.

What Compensation Can You Recover?

Victims of nursing home abuse in Florida may be entitled to compensation for:

Medical expenses (past and future): Including hospital stays, surgeries, therapy, and medications.
Pain and suffering: For physical trauma, long-term discomfort, or reduced mobility.
Emotional distress: Mental health treatment, therapy, and diminished emotional well-being.
Lss of quality of life: For permanent disability or cognitive decline resulting from neglect.
Wrongful death: Funeral costs, loss of companionship, and survivor damages.
Punitive damages: Awarded in cases of extreme negligence or willful misconduct to deter future abuse.

Need more info? Visit our Miami personal injury lawyer page for a broader overview of injury compensation in South Florida.

Why Choose Rafaeli Law PLLC as Your Personal Injury Lawyer

Elder Abuse Experience: Our attorneys have handled complex nursing home claims across South Florida.
Local Insight: We understand the nuances of Miami-Dade County’s facilities and legal system.
Client-First Approach: We keep families informed, empowered, and supported throughout the legal process.
No Fee Unless We Win: We handle nursing home cases on a contingency basis.

We provide compassionate legal advocacy with aggressive representation. Meet our attorneys and read about our story and mission. You can also explore client feedback on our testimonials page.

What to Do if You Suspect Nursing Home Abuse

Ensure Immediate Safety: Remove your loved one from the harmful environment if necessary and seek medical care.
Report to Authorities: Contact the Florida Department of Children and Families (DCF) or file a complaint with AHCA.
Gather Evidence: Take photos, collect medical reports, save written communications, and record your observations.
Contact an Attorney: Call Rafaeli Law PLLC to start the legal process and protect your loved one’s rights.

For helpful legal updates, browse our legal blog.

Speak With a Miami Nursing Home Abuse Lawyer Today

If you suspect your loved one is suffering abuse or neglect in a Miami nursing home, don’t wait. Call Rafaeli Law PLLC at 954-365-5639 or contact us online for a free consultation.

We proudly serve clients in Miami, Weston, and throughout South Florida. Let us help you protect your loved ones and hold negligent facilities accountable.

For legal disclaimers and additional terms, please review our legal disclaimer and privacy policy.

Testimonials

What Our Clients Are Saying

Hear from the clients who trusted us to fight for their justice—and found peace, resolution, and results.

Rafaeli Law is top-notch! From the very first call, their team was professional, responsive, and clearly knew what they were doing. They didn’t waste any time — they moved fast, kept me informed, and went after results with real determination. You can tell they’re go-getters who truly care about their clients. If you need a law firm that’s sharp, efficient, and fights for you, I highly recommend Rafaeli Law.

Maurice M.

Kerollos A.

Can't say enough good things about Rafaeli Law. Their team is incredibly professional, responsive, and genuinely committed to helping you through every step of the process. Their attention to detail and dedication to achieving the best possible outcome truly sets them apart. If you're looking for a trustworthy, knowledgeable, and results-driven legal team, Rafaeli Law is the place to go.

Heather H.

I had a great experience with Rafaeli Law after my car accident. They were professional, responsive and always made sure I understood each step of the process. A special thank you to Jindy - she was absolutely amazing. She was kind, patient and incredibly helpful every time I had questions or concerns. I highly recommend them to anyone who needs legal help after an accident.

Lorena Z.

Rafaeli Law, not only took the time to really listen to my situation but made me feel like they truly listened so they could understand and do the best they possibly could in asserting my case. In every step of the process they communicated with me. If I ever need a lawyer in the future I will be reaching out to them and will be recommending them to my friends and family.

Vanessa C.

FAQ

Frequently Asked Questions

1. What is the time limit to file a nursing home negligence lawsuit in Florida?

You have two years from the date the injury was discovered. Delays can reduce your ability to collect evidence.

2. Can I sue a nursing home for emotional abuse?

Yes. Verbal abuse, threats, and psychological torment are legally actionable and can support a compensation claim.

3. Are nursing homes liable for COVID-19-related deaths?

Potentially. If the facility failed to follow state and federal infection protocols, it may be considered negligent.

4. How much is a nursing home neglect case worth?

Every case is different, but settlements often range between $100,000 to $1 million+, depending on the harm caused.

5. Is legal help affordable?

Yes. Our lawyers work on a contingency fee basis, meaning you owe nothing unless we win your case.

6. What should I do if a Miami nursing home refuses to provide incident reports?

Under Florida law, nursing homes are required to document and disclose incidents affecting residents’ health or safety. If you're being denied access, an attorney can help you demand these records or subpoena them as part of legal discovery. Our team at Rafaeli Law PLLC routinely assists families with documentation requests in Miami-Dade facilities.

7. Can I report Miami nursing home abuse anonymously?

Yes. You can file an anonymous complaint with the Florida Department of Elder Affairs or the Florida Abuse Hotline (1-800-96-ABUSE). These agencies protect whistleblowers and investigate claims of elder mistreatment across Miami-Dade County.

8. What qualifies as financial abuse in Miami nursing homes?

Examples include unauthorized withdrawals, forged checks, misuse of debit cards, or pressure to alter wills or estate plans. If you suspect this, consult a nursing home neglect lawyer in Miami immediately to preserve financial records and initiate legal steps.

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If you are facing a personal injury or insurance dispute, Rafaeli Law PLLC is here to help. We are dedicated to protecting your rights and helping you secure the compensation you deserve.

1500 Weston Rd Suite 200, Weston, FL 33326

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