Losing a loved one in a nursing home due to neglect, abuse, or medical malpractice is devastating. Families trust nursing homes to provide dignified and professional care for elderly residents, but when facilities fail in their duty, the consequences can be fatal. If you suspect that a nursing home’s negligence contributed to your loved one’s death, you may be eligible to file a wrongful death lawsuit in Florida.

This guide explains everything you need to know about nursing home wrongful death claims, including how to identify wrongful death in a nursing home, who is eligible to file a lawsuit, how to gather critical evidence, the legal process, compensation, and how to find the best wrongful death attorney.

Understanding your legal rights is essential when seeking justice. Read on to learn how to hold negligent nursing homes accountable.

Understanding Wrongful Death in Florida Nursing Homes

What is a Nursing Home Wrongful Death?

Under Florida law, wrongful death is defined as a fatality caused by negligence, a wrongful act, or a breach of duty. In a nursing home, wrongful death can result from neglect, abuse, or medical malpractice.

Neglect may include dehydration, malnutrition, or untreated infections. Abuse can involve physical injuries inflicted by staff or other residents. Medical malpractice may involve medication errors, failure to diagnose conditions, or lack of timely medical intervention.

Common Causes of Nursing Home Wrongful Death

Wrongful deaths in nursing homes often result from neglect or misconduct. Below are some of the most frequent causes.

Malnutrition and Dehydration

Lack of proper food and fluids weakens the immune system, leading to organ failure and fatal complications.

Severe Bedsores and Infections

Untreated pressure ulcers can develop infections, leading to sepsis and multiple organ failure.

Medication Errors

Incorrect dosages, missed medications, or prescribing the wrong drugs can cause fatal reactions.

Physical and Sexual Abuse

Elderly residents, especially those with cognitive impairments, may suffer life-threatening injuries from abuse by staff or other residents.

Falls and Wandering Incidents

Lack of supervision can lead to serious falls, head trauma, or residents wandering into unsafe areas.

Inadequate Medical Care

Failure to diagnose or treat illnesses like pneumonia, heart disease, or infections can lead to preventable deaths.

Who Can File a Wrongful Death Claim in Florida?

Eligibility to File a Lawsuit

Not everyone is legally allowed to file a wrongful death lawsuit in Florida. The law states that only the personal representative of the deceased’s estate can file a lawsuit on behalf of surviving family members.

Who Benefits from the Lawsuit?

The wrongful death lawsuit is filed to benefit specific surviving family members. These may include:

1. The surviving spouse
2. Children of the deceased (children under 25 may receive additional compensation)
3. Parents, if there is no surviving spouse or child
4. Other blood relatives or adoptive siblings who were financially dependent on the deceased

If a nursing home resident had no will or designated estate representative, the court may appoint one.

How to Prove Wrongful Death in a Florida Nursing Home

Key Legal Elements to Prove Wrongful Death

To win a wrongful death lawsuit, families must prove four critical elements:

1. Duty of Care – Nursing homes have a legal obligation to provide residents with safe living conditions, proper medical care, supervision to prevent injuries, and adequate nutrition and hygiene.
2. Breach of Duty – The nursing home must have failed in its duty, whether through neglect, misconduct, or a lack of proper care.
   
3. Causation – There must be a clear link between the nursing home’s actions (or inaction) and the resident’s death.
4. Damages – The lawsuit must show that the family suffered financial or emotional damages, including medical bills, funeral expenses, and loss of companionship.
   

What Evidence Do You Need?

Building a strong case requires substantial evidence. Key evidence may include:

1. Medical records that indicate neglect or improper treatment.
2. Nursing home incident reports documenting falls, abuse, or other injuries.
3. Autopsy reports that highlight suspicious causes of death.
4. Eyewitness statements from staff, other residents, or visitors.
5. Surveillance footage, if available, showing mistreatment.
6. State violation records revealing past infractions or complaints against the facility.

Steps to File a Nursing Home Wrongful Death Lawsuit in Florida

Step 1: Hire an Experienced Wrongful Death Attorney

Nursing homes often deny wrongdoing and aggressively fight lawsuits. A skilled attorney will investigate the case, gather necessary evidence, negotiate for maximum compensation, and, if necessary, take the case to trial.

Step 2: File the Lawsuit Within the Statute of Limitations

Florida law imposes a strict deadline for filing a wrongful death claim. The statute of limitations for wrongful death cases is two years from the date of death. There are exceptions in cases where the death was misreported or concealed.

Step 3: Investigate the Nursing Home’s History of Negligence

Before filing a claim, your attorney may examine:

• Previous lawsuits against the nursing home.
• Reports from Florida’s Agency for Health Care Administration (AHCA).
• Complaints from former residents or family members.

Step 4: Litigation and Settlement Negotiations

Once a lawsuit is filed, the case may settle out of court, which is common in nursing home wrongful death cases. If the nursing home refuses to compensate fairly, the case may proceed to trial.

Compensation for Nursing Home Wrongful Death Cases

Types of Compensation Available

Surviving families may be entitled to various forms of compensation, including:

1. Medical expenses related to the resident’s treatment before death.
2. Funeral and burial costs.
3. Loss of income and financial support if the deceased contributed to the household.
4. Pain and suffering damages for emotional trauma endured by family members.
5. Punitive damages, which may be awarded in extreme cases of neglect or abuse.

Choosing the Right Nursing Home Wrongful Death Attorney

What to Look for in a Lawyer

Not all attorneys have experience handling wrongful death lawsuits against nursing homes. When seeking legal representation, consider the following:

• Experience in elder abuse and wrongful death cases.
• A proven track record of successful settlements and verdicts.
• Willingness to take the case to trial if necessary.

Questions to Ask During a Consultation

Before hiring an attorney, ask:

1. How many nursing home wrongful death cases have you handled?
2. What is your success rate in obtaining compensation for clients?
3. Do you work on a contingency fee basis, meaning no upfront costs?
4. What kind of compensation have your past clients received?

Frequently Asked Questions (FAQs)

What qualifies as wrongful death in a nursing home?

Wrongful death in a nursing home occurs when negligence, abuse, or inadequate care directly leads to a resident’s death. This can include malnutrition, dehydration, medical errors, untreated infections, or physical abuse. If the nursing home staff failed to meet the resident’s medical and personal care needs, a wrongful death claim may be valid.

Who can file a wrongful death lawsuit in Florida?

In Florida, only the personal representative of the deceased’s estate can file a wrongful death lawsuit on behalf of surviving family members. This typically includes a spouse, children, parents, or other financially dependent relatives. If there is no designated estate representative, the court may appoint one.

What is the statute of limitations for nursing home wrongful death lawsuits in Florida?

Florida law requires wrongful death lawsuits to be filed within two years from the date of death. Exceptions may apply in cases where the cause of death was concealed or misrepresented. Acting quickly is essential to preserving your legal rights.

What compensation can families receive in a wrongful death lawsuit?

Compensation may cover medical expenses, funeral and burial costs, loss of financial support, pain and suffering, and, in some cases, punitive damages. The amount varies based on the circumstances of the case and the level of negligence involved.

How do I prove that my loved one’s death was due to nursing home negligence?

Evidence such as medical records, autopsy reports, witness statements, staff depositions, and surveillance footage can help prove negligence. A wrongful death attorney can assist in gathering the necessary documentation and expert testimony to support the case.

Contact Rafferty Domnick Cunningham & Yaffa Today

If your loved one’s death in a Florida nursing home was due to neglect, abuse, or medical errors, you have legal options. No family should suffer the pain of losing a loved one due to preventable negligence.

Filing a wrongful death lawsuit can provide justice for your loved one and ensure that negligent nursing homes are held accountable.

Contact Rafferty Domnick Cunningham & Yaffa today to discuss your case and fight for justice.