The Altman Law Firm helps families in Miami hold negligent facilities accountable for nursing home abuse and neglect.
Free consultation: (305) 373-3730.
The Altman Firm Difference defines our strict focus on catastrophic loss and wrongful death in nursing home abuse, leveraging our legacy since 1998 and Jeffrey S. Altman's status in the Million Dollar Advocates Forum. We do not operate as a general practice, focusing exclusively on high-leverage nursing home neglect litigation.
Placing a loved one in a nursing home is a difficult decision built on trust. When that trust is broken through abuse or neglect, the emotional and physical toll on your family can be devastating. At The Altman Law Firm, we understand how overwhelming it is to discover that a vulnerable family member has suffered harm in a place meant to provide care and safety. Jeffrey S. Altman brings over 25 years of experience handling serious personal injury matters in Miami. We are dedicated to investigating these heartbreaking situations with the compassion and thoroughness they require. Our goal is to help families seek justice and hold negligent facilities accountable for their actions, all while providing supportive guidance during a deeply stressful time.
The legal process begins with a comprehensive and confidential consultation where we listen to your concerns and evaluate the situation. If we pursue the matter, our first step is to secure the resident and ensure they are in a safe environment. We then send preservation letters to the facility to prevent the destruction of crucial records. Next, we gather medical records, interview witnesses, and consult with medical professionals to establish the standard of care that was breached. Once our investigation is complete, we may file a pre-suit notice or a formal complaint depending on the specific circumstances. Throughout discovery, mediation, and potential litigation, The Altman Law Firm keeps you informed at every step, providing clear explanations of your options without offering guarantees of specific outcomes.
Nursing home abuse and neglect cases in Florida are governed by a complex framework of state laws. The Florida Nursing Home Residents Rights Act, found in Florida Statutes Chapter 400, outlines the specific rights of residents to receive adequate health care and be free from mental and physical abuse. If a resident passes away due to neglect, the Florida Wrongful Death Act may apply, allowing surviving family members to seek accountability. Additionally, these claims are strictly bound by the statute of limitations under Fla. Stat. Section 95.11, which generally restricts the time you have to file a lawsuit. In cases where the facility attempts to shift blame, Florida comparative negligence standards under Fla. Stat. Section 768.81 may also come into play. This information is for educational purposes and does not constitute formal legal advice.
An arbitration clause does not eliminate your right to pursue a claim, though it may alter the legal forum from a public courtroom to private arbitration proceedings. However, Florida courts will invalidate nursing home arbitration agreements under certain conditions. For example, clauses may be deemed unenforceable if they restrict statutory rights and remedies protected under Fla. Stat. § 400.022, or if the individual who signed the admission paperwork lacked lawful power of attorney or legal authority to bind the resident. Jeffrey S. Altman of The Altman Law Firm meticulously reviews admission contracts to challenge unlawful clauses and determine the proper strategy for pursuing civil accountability.
Yes. Severe bedsores, also known as pressure ulcers or decubitus ulcers, are largely preventable injuries that frequently indicate negligent care and chronic understaffing. Under Fla. Stat. § 400.023, nursing facilities have a legal duty to evaluate a resident's skin vulnerability upon admission, execute an individualized prevention plan, reposition bedbound or wheelchair-reliant individuals regularly, and provide adequate nutrition and hydration. When facility staff fail to follow clinical turning protocols or fail to timely treat early-stage skin breakdown, allowing deep Stage 3 or Stage 4 wounds to develop, The Altman Law Firm can investigate facility charting to hold negligent operators liable for the resulting physical suffering and medical complications.
Yes. Nursing homes can be held liable when staff administer incorrect medications, miscalculate dosages, or skip critical prescriptions. Under Fla. Stat. § 400.022, residents possess the right to receive adequate and appropriate healthcare services. Medication errors frequently arise from understaffed shifts, transcription errors, or poor communication between attending physicians and nurses. These mistakes can trigger severe toxicity, internal bleeding, or fatal drug interactions. The Altman Law Firm examines medication administration records (MARs) and physician orders to uncover whether staff failures directly harmed a resident.
Florida law requires plaintiffs to fulfill specific pre-suit obligations under Fla. Stat. § 400.0233 before filing a civil complaint for nursing home negligence: 1. Conduct an initial investigation, gathering medical records, shift logs, and regulatory inspection reports. 2. Serve a formal Notice of Intent to Initiate Litigation upon each prospective defendant via certified mail. 3. Participate in a mandatory 75-day pre-suit evaluation period during which the parties exchange medical records, discuss liability, and determine whether the matter can be resolved prior to formal litigation. The Altman Law Firm guides families through this statutory pre-suit process to ensure all procedural requirements are satisfied.
The nursing home licensee and its operating entity are generally responsible when staff members fail to follow established transfer protocols. Under Florida law, facilities must evaluate each resident's fall risk and implement safety measures, such as mandating two-person assistance or using mechanical lifts. When staff attempt a transfer alone or operate equipment improperly, resulting in fractures or head trauma, the facility can be held liable under Fla. Stat. § 400.023 for failing to provide adequate care. The Altman Law Firm examines incident reports and medical records to identify whether safety procedures were neglected.
Yes. When a Florida facility admits a resident diagnosed with dementia or Alzheimer's disease, it has a legal duty under Fla. Stat. § 400.022 to provide adequate supervision and a secure environment. If a resident wanders outside the facility—an event known as elopement—the facility can be held liable for resulting harm or wrongful death. Liability typically stems from broken door alarms, inadequate staffing, or failure to follow an individualized care plan. At The Altman Law Firm, attorney Jeffrey S. Altman reviews facility security protocols, staffing logs, and care assessments to determine whether negligent supervision permitted a vulnerable resident to leave unattended.
A chemical restraint is the administration of psychotropic, anti-anxiety, or sedative medications for the purpose of staff convenience or behavioral discipline rather than legitimate medical treatment. Under Florida Statutes § 400.022, nursing home residents have the explicit right to be free from chemical restraints that are not authorized in writing by a physician for a specified time to protect the resident or others from injury. Using unauthorized medication to subdue residents constitutes severe neglect and abuse. Jeffrey S. Altman and The Altman Law Firm inspect medication administration records, pharmacy logs, and physician orders to uncover unlawful chemical restraint practices.
Yes. Florida Statutes § 400.23 establishes mandatory direct-care staffing ratios that facilities must maintain. When nursing homes deliberately understaff shifts to reduce overhead, residents suffer preventable harm, such as dropped transfers, delayed medical care, missed meals, and unassisted falls. If inadequate staffing violates statutory care standards and causes resident injuries, the facility may be held financially liable under Fla. Stat. § 400.023. Jeffrey S. Altman and The Altman Law Firm examine daily electronic timecards, internal staffing rosters, and state regulatory citations to prove that corporate understaffing directly caused a resident's harm.
Florida's Nursing Home Residents' Bill of Rights, codified under Fla. Stat. § 400.022, establishes mandatory standards ensuring long-term care residents are treated with dignity, fairness, and adequate medical care. These statutory protections include the right to receive adequate and appropriate healthcare, freedom from mental and physical abuse, freedom from chemical or physical restraints used for convenience or discipline, and the right to private communication and medical self-determination. When a facility violates these statutory guarantees and causes injury or illness, Fla. Stat. § 400.023 provides an actionable civil basis for The Altman Law Firm to pursue compensation on behalf of the resident or their estate.
If you suspect nursing home abuse or neglect, prioritize your loved one's immediate well-being through these essential steps: 1. Ensure physical safety by calling 911 or requesting emergency medical transport if immediate danger or acute trauma exists. 2. Document physical evidence by taking detailed photographs of unexplained bruising, bedsores, or poor hygiene, and recording staff interactions. 3. Report the mistreatment immediately to the Florida Department of Children and Families (DCF) abuse hotline and the Agency for Health Care Administration (AHCA). 4. Contact The Altman Law Firm. Jeffrey S. Altman can immediately take steps to preserve electronic records, staffing rosters, and facility logs.
Yes. Florida nursing facilities have a legal duty to evaluate cognitive risk factors and maintain secure environments to prevent wandering and elopement. Under Florida Statutes Chapter 400 (Fla. Stat. § 400.023), when a facility fails to provide adequate supervision, functional door alarms, or secured memory-care units, it can be held legally accountable for resulting fractures, exposure, traffic injuries, or wrongful death. Facilities must enforce comprehensive care plans for individuals with Alzheimer's or dementia. Jeffrey S. Altman and The Altman Law Firm review security video, door sensor logs, and care plans to pursue justice when resident neglect leads to elopement.
When a resident suffers from severe dehydration or malnutrition, families can pursue a civil negligence claim under Fla. Stat. § 400.023. Facilities are obligated to monitor dietary intake and adjust care plans accordingly. Taking legal action involves distinct phases: 1. Securing complete dietary intake sheets and medical charts. 2. Having independent healthcare professionals evaluate whether systemic neglect caused the resident's physical decline. 3. Serving a formal notice of intent under Florida statutory pre-suit rules. Jeffrey S. Altman at The Altman Law Firm investigates whether chronic understaffing led staff to overlook basic nutritional needs.
Under Fla. Stat. § 400.0237, punitive damages cannot be demanded in an initial complaint; they require court approval based on an evidentiary showing. A plaintiff must demonstrate a reasonable basis establishing clear and convincing evidence that the nursing home or its staff engaged in intentional misconduct or gross negligence. Gross negligence is defined as conduct so reckless that it constitutes a conscious disregard of the resident's life, safety, or rights. Jeffrey S. Altman and The Altman Law Firm evaluate evidence of systemic cover-ups or severe neglect to establish whether pursuing punitive damages is legally supported.
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