The Florida legislature enacted legislation (Florida Statutes, Chapter 400) that specifically provides for the development, establishment and enforcement of basic standards for the health, care, and treatment of persons in nursing homes and related health care facilities.

Florida law requires that residents receive the necessary care and services that will enable them to reach and maintain their highest practicable level of physical, mental and social well-being. In addition, civil rights law mandates equal access in all nursing homes regardless of race, color or national origin.

If you have a concern about mistreatment, malpractice or abuse in a nursing home or adult congregate living facility (ACLF) that you feel amounts to criminal abuse of the elderly, you can contact Florida Department of Children and Families (1-800-96-ABUSE -- 1-800-962-2873), Agency for Health Care Administration (561-840-0156) the State Long Term Care Ombudsman Council (561-837-5038) or even the local police. The Agency for Health Care Administration also investigates regulatory complaints against nursing homes. All complaints are kept strictly confidential. It's the law. However, none of these agencies can obtain a monetary award for a resident who has suffered neglect or abuse..

Many times a lawsuit must be filed to protect the resident’s rights and to obtain compensation for the physical or mental pain and suffering and/or wrongful death.

The action may be brought by the resident, a guardian, or any person or organization acting on behalf of the resident with the consent of the resident or guardian, or by the estate of a deceased resident when the cause of death resulted from the violation of the resident’s rights.