Experienced Boca Raton Nursing Home Abuse Attorneys
When you entrust the care of an elderly loved one to a nursing home or assisted living facility, you expect them to receive compassionate, professional care. Tragically, nursing home abuse and neglect are far too common in South Florida and throughout the state. Understaffed facilities, inadequately trained workers, and corporate cost-cutting put residents at risk for physical harm, emotional abuse, and medical neglect.
At Roselli & McNelis, our trial attorneys are dedicated to holding negligent nursing homes, assisted living facilities, and their corporate owners accountable when they fail to protect the vulnerable residents in their care. We have the experience, resources, and determination to fight for justice on behalf of abuse victims and their families.
Types of Nursing Home Abuse and Neglect
Nursing home abuse and neglect can take many forms. Our attorneys have experience handling cases involving:
- Physical Abuse: Hitting, pushing, kicking, slapping, improper use of physical restraints, and any other form of physical violence against a nursing home resident. Signs include unexplained bruises, fractures, burns, and lacerations.
- Neglect: The failure to provide basic necessities including food, water, medication, hygiene, and medical care. Neglect is the most common form of nursing home mistreatment and can lead to malnutrition, dehydration, untreated infections, and bedsores.
- Medical Neglect: Failure to administer prescribed medications, ignoring changes in a resident's medical condition, delaying medical treatment, and inadequate wound care that allows infections to develop or worsen.
- Emotional and Psychological Abuse: Verbal threats, intimidation, humiliation, social isolation, and other forms of psychological mistreatment that cause fear, anxiety, and depression in elderly residents.
- Sexual Abuse: Any non-consensual sexual contact with a nursing home resident, including residents who are unable to consent due to cognitive impairment or dementia.
- Financial Exploitation: Theft, fraud, coercion, or misuse of a resident's money, property, or financial accounts by nursing home staff or other individuals in positions of trust.
- Bedsore Negligence: Pressure ulcers (bedsores) are largely preventable with proper care. When a nursing home fails to reposition residents, provide adequate nutrition, and maintain hygiene, painful and life-threatening bedsores can develop.
Warning Signs of Nursing Home Abuse
Recognizing the signs of abuse early can save your loved one from further harm. Be alert for these warning signs:
- Unexplained Injuries: Bruises, cuts, burns, or fractures that the facility cannot adequately explain, especially in patterns that suggest deliberate harm or the use of restraints.
- Sudden Weight Loss: Unexplained weight loss, dehydration, or malnutrition may indicate that the resident is not receiving adequate food, water, or assistance with meals.
- Bedsores: Pressure ulcers, particularly advanced stage III or IV bedsores, are a strong indicator of neglect. These are largely preventable with basic nursing care.
- Behavioral Changes: Withdrawal from social activities, increased anxiety, fearfulness around certain staff members, depression, or agitation may signal emotional or physical abuse.
- Poor Hygiene: Dirty clothing, unwashed hair, soiled bedding, and strong body odor suggest that staff is neglecting basic hygiene needs.
- Medication Errors: Signs of over-sedation, missed medications, or worsening of medical conditions that should be managed with proper medication administration.
Florida Nursing Home Residents' Rights
Florida law provides strong protections for nursing home residents. Under the Florida Nursing Home Residents' Rights Act (Florida Statute 400.022), every resident has the right to:
- Dignity and Respect: Residents have the right to be treated with dignity, respect, and consideration at all times by staff, administrators, and other residents.
- Adequate Medical Care: Residents are entitled to receive adequate and appropriate health care, including prompt attention to medical needs and access to physicians of their choice.
- Freedom from Abuse: Residents have the right to be free from all forms of physical, verbal, emotional, and sexual abuse, as well as chemical and physical restraints used for the convenience of staff.
- Privacy and Communication: Residents have the right to private communication with family, friends, attorneys, and government agencies, including the right to file complaints without fear of retaliation.
- Financial Security: Residents have the right to manage their own financial affairs and to be free from financial exploitation by facility staff or management.
Damages Available in Nursing Home Abuse Cases
Florida law provides several avenues for recovering compensation when a nursing home resident has been abused or neglected:
- Medical Expenses: All costs of treating injuries and conditions caused by the abuse or neglect, including hospitalization, surgery, wound care, rehabilitation, and ongoing medical treatment.
- Pain and Suffering: Physical pain, emotional distress, anxiety, fear, humiliation, and the overall diminished quality of life experienced by the abuse victim.
- Punitive Damages: When a nursing home acted with willful disregard for the safety of its residents, Florida courts may award punitive damages to punish the facility and deter future misconduct.
- Wrongful Death: If abuse or neglect resulted in the death of a resident, surviving family members may pursue a wrongful death claim for funeral costs, loss of companionship, and other damages.
- Statutory Damages: Under the Florida Nursing Home Residents' Rights Act, victims may recover attorneys' fees and other statutory remedies in addition to compensatory damages.
Why Choose Roselli & McNelis for Your Nursing Home Abuse Case?
Nursing home abuse cases require attorneys who understand the complex regulatory framework governing these facilities and have the resources to take on large corporate defendants. Here is why families throughout Florida, Texas and the United States trust our firm:
- Civil Trial Lawyers: Our attorneys are among the top 1% of Florida lawyers certified in Civil Trial Law, providing the highest level of courtroom advocacy for abuse victims.
- Compassionate Advocacy: We understand the emotional toll that nursing home abuse takes on families. We handle every case with sensitivity while aggressively pursuing accountability.
- Thorough Investigation: We obtain facility records, staffing logs, inspection reports, and medical records to build compelling cases that expose patterns of neglect and abuse.
- No Fee Unless We Win: We handle all nursing home abuse cases on a contingency fee basis. Families pay nothing unless we recover compensation for their loved one.
Frequently Asked Questions
Watch for warning signs including unexplained bruises, fractures, or burns; sudden weight loss or dehydration; bedsores (pressure ulcers); behavioral changes such as withdrawal, fear, or agitation; poor hygiene; and medication errors. If your loved one seems afraid of certain staff members, has become unusually withdrawn, or if the facility gives inconsistent explanations for injuries, these are serious red flags. Contact our attorneys immediately if you suspect abuse so we can take steps to protect your loved one and preserve evidence.
Yes. Florida law provides strong protections for nursing home residents, and you can file a civil lawsuit against a nursing home for negligence, abuse, or violations of the Nursing Home Residents' Rights Act. These claims can be brought against the facility itself, its corporate owners, administrators, and individual staff members. In addition to compensatory damages for medical expenses and pain and suffering, Florida courts may award punitive damages when the nursing home acted with willful disregard for resident safety.
If your loved one is in immediate danger, call 911. Otherwise, document everything you observe, including photographs of injuries, notes about conversations with staff, and records of any changes in your loved one's condition. Report your concerns to the Florida Department of Elder Affairs Abuse Hotline at 1-800-962-2873. You should also contact Roselli & McNelis as soon as possible. We can help you understand your legal options, investigate the situation, and take legal action to protect your loved one and hold the facility accountable.