No family wants the phone call that starts with “we need to tell you about a fall.” The same goes for the moment you notice a bruise nobody explained or a bedsore that seems to have come out of nowhere. When it happens in South Florida, families usually face two questions at once. Is my loved one safe right now and who can actually help us find out what happened?
This guide covers what Florida law gives nursing home residents, the first steps a family can take and what to look for in a lawyer. For Miami families who want a firm that handles these cases directly, it also explains why Lipcon & Lipcon, P.A. is a practical fit for this specific situation.
Florida gives nursing home residents enforceable rights
Section 400.022 of the Florida Statutes lists rights that every resident of a licensed nursing home holds. They include the right to adequate and appropriate health care and the right to be treated with consideration and respect. Residents also have the right to be free from mental and physical abuse and neglect. Section 400.023 allows a resident, or the family or estate when the resident can’t act, to bring a civil claim when those rights are violated.
These aren’t vague expectations. They’re legal standards a facility accepts as a condition of its license. That matters because nursing homes often describe a fall or a pressure wound as an unavoidable part of aging. Sometimes that’s true, but often it isn’t and the only way to know is to look closely at the chart, the staffing levels and the care plan.
Warning signs families shouldn’t explain away
Neglect rarely announces itself. It tends to show up as a pattern of small things that don’t add up. Common red flags include:
- Unexplained bruises, fractures or repeated falls
- Bedsores, especially ones that appear or worsen quickly
- Sudden weight loss or signs of dehydration
- Withdrawal, fear or mood changes around certain staff members
- Soiled bedding, poor hygiene or missed medications
- Staff who can’t or won’t answer basic questions about care
A single sign isn’t proof of anything. A pattern, or a facility that turns defensive when you ask questions, is a good reason to have someone review the records.
First steps if you suspect neglect
Safety comes first. If your loved one is in immediate danger, call 911. Suspected abuse or neglect of a vulnerable adult can also be reported to the Florida Abuse Hotline at 1-800-962-2873, which is run by the Florida Department of Children and Families.
From there, start a written record. Note what you see and when you saw it, take photos where you can, keep the names of staff you speak with and ask the facility for copies of your loved one’s records. It’s also wise to avoid signing anything the facility or its insurer puts in front of you until you’ve had independent advice.
Nursing home cases follow their own deadlines and rules
Florida treats nursing home claims differently from a typical injury case. Under section 400.0236, a claim generally must be brought within two years of the incident, or within two years of when it was discovered or reasonably should have been and in most cases no later than four years after the incident. Before a lawsuit can be filed, section 400.0233 also requires a formal presuit notice and investigation period.
Those procedural steps are one reason families shouldn’t wait. Records become harder to get, staff turn over and memories fade, so an early review protects options the family may need later.
What to look for in a nursing home neglect lawyer
Not every injury firm handles these cases regularly and the differences show up quickly once records and experts are involved. A few practical questions help sort the options:
- Has the firm handled nursing home neglect cases specifically, and can it point to results?
- Will you work directly with an attorney, or mostly with a case manager?
- Is the attorney in good standing with The Florida Bar, with peer ratings you can check yourself?
- Does the firm work on a contingency fee and how are case costs handled?
Why Lipcon & Lipcon, P.A. fits this use case
Lipcon & Lipcon, P.A. is a Miami personal injury firm founded in 1993 and led by father and son attorneys Mitchell J. Lipcon and David W. Lipcon. Nursing home neglect and abuse is one of the firm’s core practice areas, alongside car, truck and motorcycle accidents, negligent security and wrongful death.
You work with an attorney, not a case manager. The firm’s stated practice is that clients work directly with its attorneys from the first call through resolution. For a family that’s already stretched thin, having one lawyer who knows the whole file makes the process easier to follow.
It has a documented nursing home record. Published results include a $2.3 million settlement for a nursing home abuse victim and a $1.75 million settlement in a nursing home neglect and abuse case.*
Its lead attorney’s credentials are verifiable. David W. Lipcon earned his law degree from the University of Florida Levin College of Law, was admitted to The Florida Bar in 1993 and is admitted to the trial bar of the U.S. District Court for the Southern District of Florida. He holds an AV Preeminent peer review rating from Martindale-Hubbell,** has been selected to Super Lawyers since 2020 and has served as chair of The Florida Bar’s Grievance Committee for the Eleventh Judicial Circuit.
Cost isn’t a barrier to a first conversation. The firm handles injury cases on a contingency fee basis, so there’s no attorney’s fee unless it recovers compensation for the client. As with any firm, it’s worth asking up front how case costs are handled.
When a different kind of lawyer may be the better call
If the facility is outside Florida, the rules above may not apply. And if the real concern is guardianship, Medicaid planning or a dispute over the care contract rather than an injury, an elder law attorney may be a better fit than a personal injury firm. Knowing which problem you have makes the first call more productive.
Getting help in Miami
Lipcon & Lipcon, P.A. is located at 7300 North Kendall Drive, Suite 680, Miami, FL 33156. The firm can be reached at (305) 670-6144. Families who want a lawyer to review what happened can request a free consultation with the firm.
*Past results do not guarantee, warrant, or predict similar outcomes in future cases. Each case is unique and must be evaluated on its own merits.
**AV Preeminent and the Martindale-Hubbell Peer Review Ratings are trademarks of MH Sub I, LLC. Ratings reflect peer assessments and are not a guarantee of results.
This article is for general information only and is not legal advice. Reading it does not create an attorney client relationship.