Nursing Home Abuse Lawyer
Placing a loved one in a nursing home or long-term care facility is one of the hardest decisions a family makes. You trust that facility to provide safe, dignified care. When that trust is broken — through physical abuse, emotional mistreatment, financial exploitation, or neglect — the consequences can be catastrophic: preventable injuries, accelerating decline, and in the most tragic cases, death.
Eric A. Hernandez of HLM Injury Lawyers has more than 25 years of trial experience and previously served as an Assistant U.S. Attorney for the Southern District of Florida. In that federal role, Eric investigated institutional wrongdoing — the same discipline he now applies to nursing home cases where corporations try to hide neglect behind paperwork. He also clerked for Chief Justice Charles T. Wells of the Florida Supreme Court.
If you suspect your loved one has been harmed in a nursing home, call HLM Injury Lawyers: (305) 842-2100. Free consultation. No fee unless we win.
Types of Nursing Home Abuse and Neglect
Abuse in a care facility does not always leave visible marks. Recognizing its many forms is the first step toward protecting someone you love.
Physical abuse: Hitting, pushing, improper use of restraints, or rough handling that causes bruises, broken bones, or unexplained injuries. Flinching or fear around certain staff are red flags.
Emotional and psychological abuse: Verbal threats, humiliation, and isolation inflict serious harm without physical contact. A resident who becomes withdrawn or uncharacteristically silent may be experiencing this form of abuse.
Sexual abuse: Any non-consensual contact is abuse. Unexplained injuries in private areas, torn clothing, or a resident’s reports of unwanted touching all demand immediate investigation.
Financial exploitation: Theft of property, unauthorized use of bank accounts, pressure to change a will or power of attorney, and fraudulent billing are common forms. Residents with cognitive impairment are especially vulnerable.
Neglect: A facility’s failure to provide adequate food, hydration, hygiene, medication, or supervision — even without intent — leads to bedsores, malnutrition, dehydration, falls, and rapid decline.
Medical neglect: Failure to monitor conditions, administer medications correctly, or respond to a resident’s changing health needs can rise to abuse or negligence.
Warning Signs Families Often Miss
Many residents cannot report what is happening to them. Families must stay observant.
Unexplained injuries: Recurring bruises, cuts, fractures, or burns that staff cannot clearly explain require follow-up. Request incident reports in writing.
Sudden weight loss or dehydration: A resident who appears thinner, with sunken eyes, dry skin, or a cracked mouth may not be receiving adequate nutrition or fluids.
Bedsores: Pressure ulcers are largely preventable. Stage 3 or Stage 4 bedsores indicate a facility has failed the resident.
Mood or behavioral changes: Increased agitation, depression, or withdrawal — particularly after staff interactions — can signal serious problems.
Poor hygiene: Unwashed hair, soiled clothing, or body odor indicate basic care is not being provided.
Medication errors: Missed doses, wrong medications, or over-sedation used to control behavior rather than treat illness are dangerous and warrant investigation.
If you notice these signs, document everything: photograph injuries, write down dates and observations, and request medical records and incident logs from the facility.
Who Can Be Held Liable for Nursing Home Harm
Accountability for nursing home abuse rarely falls on a single person.
The facility: Nursing homes have a duty to maintain adequate staffing, proper training, and safe conditions. Chronic understaffing is a form of institutional negligence.
Individual staff members: Aides, nurses, and other employees who personally commit abuse are directly liable.
Ownership and management companies: When corporate policies drive abuse or neglect — such as cutting staffing costs — the ownership structure becomes part of the liability picture.
Third-party contractors: Outside medical providers, rehabilitation services, or staffing agencies working at the facility may also share responsibility.
Florida law provides specific protections for nursing home residents under Chapter 400 of the Florida Statutes. Florida’s Agency for Health Care Administration (AHCA) regulates nursing homes statewide, and families can file complaints with AHCA alongside pursuing a civil claim.
Florida Law — Deadlines and Your Right to Act
Statute of limitations: Under HB 837, Florida’s 2023 tort reform law, negligence claims must be filed within two years of the injury — reduced from the prior four-year period. Do not delay; contact an attorney promptly to protect your rights before the deadline expires.
Wrongful death: If your loved one died as a result of abuse or neglect, Florida’s wrongful death statute provides two years from the date of death to file a claim. Surviving family members — including spouses, children, and in some cases parents — may recover damages.
Modified comparative negligence: If any party argues the resident bore some responsibility for their injury, recovery is reduced in proportion to their share of fault. A finding of 51% or more fault against the resident bars recovery entirely, though a resident found exactly 50% at fault can still recover.
Evidence preservation: Medical records, incident reports, staffing logs, surveillance footage, and staff communications are all critical. Facilities move quickly to protect their documentation — our firm acts immediately to secure the evidence your case depends on.
Why Hire Eric Hernandez for Your Nursing Home Abuse Case
A Prosecutor’s Perspective: Eric’s years as a federal prosecutor gave him a precise understanding of how institutional defendants construct paper defenses. Nursing home corporations are practiced at denying wrongdoing. Eric is practiced at proving it.
Direct Attorney Access: You work directly with Eric — not a paralegal or case manager. When you have questions, the attorney handling your case answers.
Trial-Ready Representation: Eric has more than 25 years of trial experience and is admitted to the U.S. Supreme Court Bar. Facilities and their insurers know HLM Injury Lawyers is prepared to take a case all the way to a jury.
Bilingual Service / No Fee Unless We Win: HLM Injury Lawyers handles cases in English and Spanish. No upfront costs — no attorney fee unless we recover compensation for your family.
Frequently Asked Questions
How do I know if what happened counts as abuse or neglect?
If a facility failed to provide the standard of care required by law and your loved one was harmed, that is the foundation of a claim. You do not have to diagnose the legal issue — call us and describe what you observed.
Can I file a claim if my loved one cannot speak for themselves?
Yes. Family members can initiate a claim on their behalf. Medical records, photographs, and staff testimony can establish what happened without a direct verbal account from the victim.
Should I report to authorities before calling a lawyer?
You can do both at the same time. Reporting to AHCA and, where criminal abuse is involved, law enforcement is appropriate. Contacting a lawyer simultaneously ensures your civil claim is protected and evidence is preserved quickly.
What compensation can a claim recover?
A successful claim can recover medical expenses, pain and suffering, emotional distress, costs of relocating to a new facility, and in wrongful death cases, damages for surviving family members.
What if the nursing home’s insurer contacts me directly?
Do not speak with the facility’s insurer or sign anything before consulting an attorney. Adjusters work to limit the facility’s liability. Let our firm handle all communication.
How quickly do I need to act?
As soon as possible. Footage gets overwritten, staff leave, and records become harder to obtain. The sooner you contact a lawyer, the better positioned your case will be.
Contact HLM Injury Lawyers — Free Consultation
Call HLM Injury Lawyers at (305) 842-2100 to speak with Eric Hernandez — your consultation is free, and there is no attorney fee unless we win. We represent families in Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and across Broward County and South Florida.