Families place immense trust in Florida nursing homes, group homes, and assisted living facilities to provide safe, compassionate care for their elderly and disabled loved ones. When that trust is broken due to negligence or abuse, the consequences can be devastating. A single oversight – failing to provide medication, ignoring bedsores, or inadequate supervision – can lead to a preventable tragedy.
At Brooks, LeBoeuf, Foster, Gwartney, & Hobbs, we understand how heartbreaking it is to lose a loved one under such circumstances. For over 35 years, our firm has helped families across Florida seek justice for wrongful death cases in long-term care facilities. If your loved one’s passing was the result of substandard care in a nursing home, assisted living facility, or group home, you may have legal options. Our team is here to help you navigate this difficult time and hold negligent parties accountable.
This guide will explain wrongful death claims in Florida’s long-term care facilities, the legal challenges involved, and why having an experienced wrongful death attorney can make all the difference.
Understanding Wrongful Death in Florida’s Long-Term Care Facilities
Wrongful death occurs when a resident’s life is prematurely ended due to negligent or intentional actions by facility staff or management. In Florida, wrongful death cases frequently arise in nursing homes, assisted living facilities, and group homes due to substandard care, medical neglect, or outright abuse. Note: Wrongful Death claims in these settings are different from claims that are considered “medical malpractice” claims in Florida.
Common causes of wrongful death in these facilities include:
- Failure to Provide Adequate Medical Care: Ignoring symptoms, delaying emergency response, or failing to administer prescribed treatments can allow life-threatening conditions to go untreated.
- Dehydration and Malnutrition: Many residents depend entirely on caregivers for proper nutrition and hydration. A lack of oversight can quickly lead to organ failure or fatal infections.
- Bedsores and Infections: Bedsores are generally preventable, and untreated or poorly treated pressure ulcers can develop into sepsis, a potentially fatal bloodstream infection.
- Medication Errors: Administering the wrong dosage or incorrect medications can result in deadly complications.
- Physical Abuse or Negligence: Assault, excessive restraint, or failure to prevent falls can cause fatal injuries.
- Lack of Supervision in Group Homes and Assisted Living Facilities: Some residents with cognitive impairments, including Alzheimer’s or dementia, may wander or elope from the facility, leading to tragic accidents.
Each of these scenarios represents a breach of the duty of care that long-term care facilities owe to their residents. If neglect or abuse led to your loved one’s passing, legal action may be necessary to hold the responsible parties accountable.
Wrongful Death in Florida: Filing Requirements and Proof Needed for a Claim
Florida law allows certain family members to seek compensation when a loved one’s death results from negligence. However, not everyone affected by the loss is eligible to file a claim.
Who Can File a Wrongful Death Claim?
Under Florida’s Wrongful Death Act, only the personal representative (executor) of the deceased’s estate can file a wrongful death claim. This is done on behalf of the deceased’s estate and/or surviving family members, who may include:
- Spouse, children, or parents of the deceased
- Other dependent relatives who suffered financial or emotional loss due to the death
A wrongful death claim seeks to provide financial relief for the losses suffered by the surviving family members, and accountability from the wrongdoer.
What Must Be Proven in a Wrongful Death Case
To establish a wrongful death claim, the following elements must be demonstrated:
- Duty of Care: The facility had a legal obligation to provide a reasonable standard of care to your loved one.
- Breach of Duty: The staff or management failed to uphold this duty by engaging in neglectful, reckless, or abusive actions.
- Causation: This breach directly resulted in or contributed significantly to the resident’s death.
- Damages: The surviving family members suffered financial and emotional losses, such as funeral costs, medical expenses, and loss of companionship. Or, the deceased suffered actionable loss, injury or harm.
A skilled wrongful death attorney will gather medical records, witness testimony, and expert opinions to build a compelling case.
Challenges in Pursuing a Wrongful Death Lawsuit Against a Care Facility
Pursuing a wrongful death claim against a long-term care facility can be complex. These facilities – especially large corporate-owned group homes, nursing homes and assisted living centers – often have aggressive legal teams working to limit liability. Families may face challenges such as:
Limited Access to Evidence
- Nursing homes and assisted living facilities may not properly document incidents or may attempt to withhold critical records.
- Group homes, especially those with fewer regulations, may lack surveillance or documentation of neglect.
Florida’s Statute of Limitations for Wrongful Death Claims
- Florida law generally requires wrongful death claims to be filed within two years of the date of death.
- Missing this deadline could bar you from seeking compensation.
- However, there are many complexities that impact these general rules, so experienced legal counsel should be consulted to understand how any particular claim is affected by the Statute of Limitations.
Corporate Legal Teams & Insurance Companies
- Many group homes, nursing homes and assisted living facilities are owned by large corporations with legal teams trained to minimize liability.
- Without strong legal representation, families can struggle to hold these entities accountable.
Despite these challenges, an experienced attorney can level the playing field by using subpoenas, expert witnesses, and legal pressure to obtain key evidence.
Florida Regulations Protecting Nursing Home & Assisted Living Facility Residents
Florida’s Agency for Health Care Administration (AHCA) regulates nursing homes and assisted living facilities, while group homes are often overseen by the Florida Department of Elder Affairs (DOEA).
By law, these facilities must:
- Maintain adequate staffing levels to ensure resident safety
- Follow personalized care plans for medical and daily needs
- Provide a safe, hygienic environment free from neglect and abuse
If a facility violates these regulations, this can serve as critical evidence in a wrongful death lawsuit. Families should report suspected neglect to AHCA and/or DCF (Department of Children & Family Services) and seek legal guidance immediately.
How Neglect Escalates to Wrongful Death
Neglect often starts subtly but can lead to fatal consequences if left unchecked. Examples include:
- Untreated Dehydration → Kidney Failure
- Failing to Turn, or keep Clean & Dry → Bedsores
- Ignored Bedsores → Sepsis & Organ Failure
- Wandering Due to Poor Supervision → Fatal Injuries or Exposure
- Medication Errors → Overdose or Withdrawal Complications
If you notice warning signs of neglect, such as unexplained injuries, sudden weight loss, or worsening medical conditions, act immediately to protect your loved one.
Compensation Available in a Florida Wrongful Death Claim
Families may be eligible for financial compensation to cover:
- Medical and Funeral Expenses
- Loss of Companionship (emotional damages for losing a loved one)
- Lost Financial Support (income the deceased would have provided)
- Pain and Suffering (emotional distress of the resident and/or family)
An attorney can calculate a fair settlement based on your family’s unique situation.
Why You Need a Wrongful Death Attorney
Navigating a wrongful death lawsuit without legal support can be overwhelming. Nursing homes and corporate care facilities have aggressive defense teams and insurance companies protecting their interests.
A dedicated wrongful death attorney will:
- Investigate thoroughly (review records, gather evidence, consult experts)
- Negotiate aggressively (maximize compensation for your family)
- Take the case to trial, if needed (fight for justice in court)
The right legal team ensures you can focus on healing while they handle the legal complexities.
Contact Brooks, LeBoeuf, Foster, Gwartney, & Hobbs Today
Suffering the loss of a loved one because of neglect in a Florida nursing home, assisted living facility, or group home is devastating – but you don’t have to go through this alone. At Brooks, LeBoeuf, Foster, Gwartney, & Hobbs, we have successfully helped countless Florida families navigate wrongful death claims and hold negligent care facilities accountable. Our team is ready to do the same for you.
- Decades of Experience Handling wrongful death and elder/disabled neglect cases
- Personalized Legal Strategy Tailored to your family’s specific needs
- Proven Track Record of holding negligent facilities accountable
Serving Tallahassee, Quincy, Monticello, Pensacola, Panama City, Jacksonville, Orlando, Tampa, and surrounding Florida communities.
Time is limited – Florida law only allows two years to file a wrongful death claim. Waiting too long could jeopardize your case. Justice starts with the right legal team by your side. Our firm has successfully guided families through complex wrongful death claims, and we’re here to help you. Call us today or fill out our online contact form for a free consultation, and let our experienced attorneys fight for the justice your loved one deserves.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific legal concerns, please consult with an attorney.