Elder Abuse

What Evidence Do I Need for a Miami Nursing Home Abuse Claim?

Published on: April 3, 2026 | by Gerson & Schwartz, P.A.

Misconduct in assisted living facilities is so horrific that Florida law allows multiple ways to hold them accountable. For one, the penal code makes nursing home abuse and neglect a crime, charging the offense as a felony when a person engages in intentional misconduct. In addition, residents and their loved ones may pursue a claim in civil court, enabling them to recover compensation.

As with any legal matter, evidence is critical. Your Miami nursing home abuse and neglect lawyer will explain what you need to gain leverage in settlement discussions and court.

Proving a Miami Nursing Home Abuse Claim

What is Financial Exploitation by Nursing Homes in Miami?

Published on: March 21, 2025 | by Gerson & Schwartz, P.A.

When you think of abuse and neglect in Florida nursing homes, your mind probably turns to incidents of physical, emotional, or sexual misconduct against residents. It is important to be aware of another form of mistreatment, which is the financial exploitation of vulnerable individuals. The US Department of Justice (DOJ) enforces multiple statutes related to the financial abuse of disabled, dependent, and elderly adults, including those in assisted living facilities. Those who violate the law can be subject to both criminal and civil penalties.

However, there are additional legal remedies available to residents and their families in the event of financial exploitation. You may have a claim against the facility, its administration, employees, and any other at-fault parties. A Miami nursing home abuse and neglect attorney can assist in seeking justice. Plus, some background on the relevant legal concepts is helpful.

What is Financial Exploitation by Nursing Homes in Miami?

How to Hire a Nursing Home Attorney in Miami

Published on: January 17, 2025 | by Gerson & Schwartz, P.A.

You might learn about the troubling issue of elder abuse in the US, but data reveals that the phenomenon is global in nature. According to the World Health Organization (WHO), about one in six people aged 60 years and older experienced some form of abuse in the past year. This figure is estimated to be higher in institutional settings, such as assisted living facilities and nursing homes, where the abuse rate can reach up to two in three residents.

If you or a loved one suffered from neglect, abuse, or injury in a Florida nursing home, it is important to pursue both justice and compensation for your losses. Finding the right Miami nursing home abuse and neglect attorney can make a crucial difference in the process and the outcome, so some tips are helpful. These steps will walk you through how to hire the right attorney and what to expect along the way.

Initial Consultation With a Lawyer

Factors That Affect Damages for Florida Nursing Home Abuse and Neglect Cases

Published on: July 7, 2023 | by Gerson & Schwartz, P.A.

The nursing home environment is often the most engaging and safest place for individuals who cannot live independently because of age-related medical conditions or dementia. Fortunately, there are many options available depending on the resident’s needs. The Florida Health Care Association (FHCA) reports that there are 691 nursing homes licensed to operate in the state, representing almost 84,500 beds. Facilities range from group homes and assisted living to memory care units and skilled nursing services.

Most nursing homes provide quality care as expected, but there are serious consequences for those that fail in their legal duty. Residents can suffer serious harm, which is why Florida law protects them by providing legal recourse. You may qualify to recover damages, either on behalf of a loved one or for injuries to you. There can be challenges with compensation, so count on a Miami nursing home abuse and neglect lawyer to ensure you receive a fair amount. Some background information is useful for understanding damages.

Basics of Monetary Damages

How to Report Nursing Home Abuse in Florida

Published on: February 3, 2023 | by Gerson & Schwartz, P.A.

If you observe nursing home abuse in a Florida assisted living facility, one of the first things on your mind is notifying the proper authorities and getting officials to take appropriate action. Every US state has a procedure for reporting misconduct, and the Agency for Health Care Administration (AHCA) is tasked with processing complaints in Florida. You can call to speak to a representative and be prepared to provide all relevant details. Alternatively, you can file a form online and include a description of your concerns. The Complaint Administration Unit will conduct an investigation and determine how to proceed, possibly requesting additional information from you.

However, even the most outrageous forms of nursing home abuse may only lead to criminal penalties and/or fines paid to the government. You will need to pursue civil remedies to recover damages, so your main priority after filing an AHCA report is retaining a Miami nursing home abuse lawyer. There are also a few additional tasks to keep in mind.

Next Steps After Reporting Nursing Home Misconduct