Fla. Bar No. 1048733 · Former judicial clerk, Fourth Judicial Circuit
Last reviewed October 2026
What are the signs of nursing home neglect?
Bedsores (pressure ulcers), repeated falls, sudden weight loss, dehydration, infections, unexplained bruises or fractures, and poor hygiene.
Many of these are preventable with proper staffing, repositioning, fall precautions, and monitoring. When they happen, the facility's charts, care plans, and staffing records usually show why.
What rights do nursing home residents have in Florida?
Florida Statute 400.022 lists residents' rights, including the right to receive "adequate and appropriate health care," to be free from abuse and neglect, and to be treated with dignity.
A resident, or the family or estate, can bring a claim when a facility violates those rights and the resident is harmed. Residents of assisted living facilities have a similar right to sue under Fla. Stat. § 429.29.
How does a nursing home neglect claim work in Florida?
Before filing suit, Florida requires written notice of the claim to the facility and a 75-day evaluation period. Records are requested and reviewed during that time.
Under Fla. Stat. § 400.0233, the notice goes to each facility and party by certified mail. No suit can be filed for 75 days while the facility and its insurer evaluate the claim, and the deadline is paused during that period.
The deadline is generally two years from the incident, or from when it was or should have been discovered, but never more than four years after the incident (six in cases of fraudulent concealment). Fla. Stat. § 400.0236. Because the presuit process takes time, it is important to start early.
Common questions
Should we move our loved one first?
Their safety comes first. If you believe they are in danger, call 911 or the Florida Abuse Hotline at 1-800-962-2873, and talk to their doctor about a safer placement.
Can we get the facility records?
Yes. Residents and their legal representatives are entitled to the records, and I request them as part of the presuit process.
What if our loved one passed away?
The estate may bring a claim, and a wrongful death claim may also apply.
This page is general information about Florida law, not legal advice for your situation.