Free consultation · You pay nothing unless we win Reviews
West Palm Beach · Palm Beach County

West Palm Beach Nursing Home Abuse Lawyer

You trusted a facility with your mother or your father, and now there are bruises, bedsores or a fall nobody called you about. We can take it from here. Call 833-370-8692 for a free consultation. You pay us nothing unless we win. Our West Palm Beach personal injury lawyers have taken these cases across Palm Beach County since 1993.

Report it free The state investigates complaints at no cost.
No fee unless we win Free case review, and nothing to pay to start.
Chapter 400 Residents hold enumerated statutory rights.
Palm Beach County Our West Palm Beach office takes these claims anywhere in the county.
In Palm Beach County

Nursing Home Abuse claims in West Palm Beach

The home will describe it as an accident, and the records that would say otherwise are the ones it keeps itself. Meanwhile you are deciding whether to move them, paying for care you have already paid for once, and getting nothing straight from anyone. Getting those records and an honest account is our job, and it starts the day you call.

Palm Beach County has more long-term care per head than almost anywhere in the United States, and most of these residents did not grow old here. Their families are in another state, relying wholly on what the facility says by telephone, and the first honest account they get is frequently a hospital admission. That admitting record is written by people with no stake in the facility’s version and it fixes the resident’s condition on the day they left. The county also runs a large number of continuing care campuses, where the licensee for a skilled nursing unit is regularly a different entity from the one running the rest of the site.

Short answer

Palm Beach County nursing home claims are filed in the Fifteenth Judicial Circuit in downtown West Palm Beach. The county has one of the highest concentrations of long-term care in the country, and a resident population whose families are frequently in another state entirely.

What to do after a nursing home abuse in West Palm Beach

  1. Photograph everything on the body, today. Bruising, skin tears, pressure sores, restraint marks, weight loss, an untreated wound. Photograph with a date visible and from more than one angle, and photograph again in a week so the progression is recorded rather than described. A pressure sore that reaches the bone did not appear overnight, and photographs taken a week apart show that better than any argument.
  2. Request the complete chart in writing. Not a summary and not the parts somebody selects for you. Ask for the full record including nursing notes, the care plan and every revision to it, medication administration records, wound care notes, weights, fall reports and the incident reports. Do it in writing so the request has a date on it, and do it before anybody knows a lawyer is involved.
  3. Report it to the state and keep the reference. Florida runs a central abuse hotline for vulnerable adults and the agency licenses and inspects these facilities. Making a report does not replace a claim and does not slow one down, and the investigation file that results is frequently the most useful document anybody produces. Keep whatever number you are given.
  4. Write down the staffing you actually saw. How many staff on the floor, at what hours, and how long call bells went unanswered. Dates and times, even approximate, are what match or contradict the roster the facility later produces.
  5. Do not sign anything the facility puts in front of you. Not a revised admission agreement, not an arbitration agreement offered after the fact, not a release attached to a waived bill. Admission paperwork in this industry frequently contains an arbitration clause, and whether one is enforceable turns on who signed it and what authority they had. That is worth a conversation before a signature rather than after.
  6. Move them if they are not safe. The claim is never a reason to leave somebody where they are being hurt. Getting them out, to another facility or to a hospital, comes first and does not weaken anything. A transfer creates its own record: an admitting examination somewhere else, documenting the condition on the day they left, which is frequently the single most powerful piece of evidence in the file.

Where these claims come from in West Palm Beach

Palm Beach County has more long-term care per head than almost anywhere in the United States, and most of these residents did not grow old here.

  • Continuing care retirement communities

    Campuses moving residents from independent living through assisted living to skilled nursing.

    • A transfer between levels of care that came too late, or never came
    • Contracts signed years earlier that the family has never read
    • Which entity on the campus actually held the license for that unit
    • Care plans that did not change when the resident did
  • Skilled nursing facilities

    Where the chart is detailed and the failures are documented within it.

    • Turning schedules in the care plan against the notes recording them
    • Falls in residents assessed as high risk with nothing put in place
    • Monthly weights showing a loss over months
    • Medication records, where a gap is unmistakable
  • Families in another state

    The county-defining factor, and the reason so much of this goes unnoticed for months.

    • Relatives relying wholly on what the facility told them by telephone
    • Nobody able to see the resident between visits
    • Decline described as aging rather than reported as an incident
    • A hospital admission being the first honest account the family receives
  • Memory care

    Secured units where supervision is the whole of the service.

    • Elopement from a unit with failed doors or alarms
    • Resident-on-resident assault at a facility that knew about the behavior
    • Chemical restraint used for staff convenience
    • Staffing on the unit against what its own assessments required
West Palm Beach, Florida

What causes them

  • Pressure sores that were allowed to develop, then allowed to reach bone
  • Falls in a resident already assessed as a falls risk, with no intervention put in place
  • Dehydration and malnutrition, recorded as weight loss over months that nobody acted on
  • Medication given late, given twice, or not given at all
  • Infections left untreated until they reached sepsis
  • Call bells left unanswered long enough that residents stopped pressing them
  • Residents left in soiled bedding, which shows up as skin breakdown before anybody says it out loud

What neglect actually looks like

Dehydration and malnutrition

Recorded in weights taken monthly, so a loss happening over months is visible in the chart to anybody who reads it in order. Families are frequently told it is age or appetite. Where a resident needed help to eat and there was nobody to help them, that is a staffing failure with a paper trail behind it.

Infection and sepsis

A urinary or wound infection is ordinary and treatable. What is not ordinary is one that goes unnoticed until a resident is confused, feverish and being taken to the hospital. The hospital admission record establishes the state they arrived in, and it is written by people with no stake in what the facility says happened.

Medication errors

Given twice, given late, given to the wrong resident or not given at all. The medication administration record is a signature per dose per day, which makes this one of the few areas where a gap is unmistakable on the page.

What Florida law requires you to prove

Residents have rights written into the statute

The full scheme, the presuit process and the notice requirements sit on our Florida nursing home abuse page rather than being restated in each market. The short version is that Florida writes a list of residents’ rights into chapter 400 and creates a civil action for violating them, which is a different claim from ordinary negligence and is frequently the stronger one.

Who can actually be sued, which is narrower than people expect

Fla. Stat. § 400.023 makes this an exclusive cause of action that may be brought against the licensee, the licensee’s management or consulting company, its managing employees and any direct caregivers, whether employees or contractors. The same section says a passive investor is not liable. Establishing which entity actually holds the license, and which company manages it, is therefore the first piece of work in every one of these files.

The facility had to write it down, and had to report it

Fla. Stat. § 400.147 requires an internal risk management program with a named risk manager and an incident reporting system staff have an affirmative duty to use, and Fla. Stat. § 415.1034 requires anybody who suspects a vulnerable adult is being abused or neglected to report it immediately. A serious injury with no report is itself a finding.

The full statutory detail, and the parts that differ by claim type, sit on our statewide nursing home abuse page rather than being restated in every market.

How we prove it in Palm Beach County

The strongest document in a Palm Beach County file is frequently written by somebody outside the facility.

What we go after, and when
  • The complete chart in writing, including care plan revisions and medication records
  • The hospital admitting record, which documents the condition the resident arrived in
  • Incident reports, and the absence of one where a serious injury occurred
  • Staffing schedules, timesheets and agency invoices
  • State inspection and complaint history, including repeat deficiencies
  • Every telephone call and email with the facility, in date order
  • Dated photographs taken on visits, including ones taken months apart
  • The continuing care contract where a campus is involved, and which entity held the license

Get the hospital admitting record. Written by people with no stake in what the facility says happened, it fixes the resident’s condition on the day they left and it is regularly the single most useful document in the file.

A setting a nursing home abuse claim in West Palm Beach typically arises from

Who would handle your case

Being hurt in West Palm Beach is hard enough without working out the legal side on your own. The trial lawyers below have handled nursing home abuse claims across Florida since 1993, and one of them will take yours from the first call to the last check. They will tell you what your case is worth and why, and they will be straight with you about the parts that are hard.

What the facility and its insurer will say

The response in these files is unusually consistent, and it starts from the position that the resident was old and was going to decline anyway.

We were fully staffed that day
Then there are timesheets, agency invoices and a schedule, and those either match what the family saw or they do not. Staffing records are among the first documents requested, and a facility running below what its own assessments called for is a documented failure rather than an impression.
There is no incident report because nothing happened
Florida requires an internal risk management program with a named risk manager and an affirmative duty on staff to report adverse incidents. A serious injury with no report is not evidence that nothing happened. It is evidence about the reporting system, and it is raised as such.
She was on hospice, so this was expected
Hospice governs the goals of care, not whether somebody is turned, fed, kept clean and given the medication ordered for them. A comfort-focused plan is not a license to stop providing basic care, and the chart shows which of the two happened.

What a claim can include

The cost of moving somewhere safe

A transfer to another facility, and the difference in cost where the alternative was more expensive.

What a family may recover after a death

Florida makes the estate choose after the verdict between survival damages and wrongful death damages rather than taking both, and who survives the resident affects which is worth more.

Punitive damages where the conduct warrants it

Available on a heightened standard and with the court’s permission rather than as of right. A pattern of prior deficiencies at the same facility is what moves a case into that territory.

Another setting a nursing home abuse claim in West Palm Beach arises from

Why Wolf & Pravato in West Palm Beach

A Palm Beach County nursing home claim is filed in the Fifteenth Judicial Circuit in downtown West Palm Beach, and the firm has an office on Vista Parkway rather than a mailing address in the county. Where a family in another state is trying to establish what happened over months they could not see, the records requests and the local work happen here.

Board Certification in Civil Trial law is the Bar’s own measure of trial experience, and 861 of Florida’s 109,000-plus lawyers hold it. Richard Pravato has held it since 2004. It is the credential that changes how an adjuster reads a file, because it says the case has somewhere to go if they will not pay it.

Asking costs nothing and there is no fee unless we win. If we look at what happened and think the claim is not worth pursuing, we will say so on the first call instead of signing you up.

Call 833-370-8692 Free consultation. No fee unless we win.
Questions

West Palm Beach nursing home abuse questions

We live out of state and only found out when she was hospitalized.

That is the usual position in this county and it does not weaken the claim. The hospital admitting record documents the condition she arrived in, written by people with no stake in the facility’s account, and the chart covers the months before it. Neither depends on the family having been present, and both are requested in writing.

It is a big retirement campus. Who exactly do we claim against?

That is the first piece of work, and it is deliberately not obvious. Florida limits the claim to the licensee, its management or consulting company, its managing employees and direct caregivers, and says a passive investor is not liable. On a campus the licensee for a skilled nursing unit is frequently a different entity from the one running the rest of it, and which held the license on the date is a public record.

The facility says the pressure sore was unavoidable. Is that true?

Sometimes it genuinely is, in a resident whose medical condition makes skin breakdown very difficult to prevent. Far more often the charting tells a different story. Repositioning records, nutrition logs and staffing levels for the relevant period are what distinguish an unavoidable wound from a neglected one.

We signed an arbitration agreement on admission. Is the claim over?

Not necessarily. Arbitration provisions in nursing home admission paperwork are common and they are frequently challenged, on grounds including who signed, whether they had authority, and whether the terms are enforceable. Bring us the admission packet rather than assuming it settles the question.

The questions that come up on every kind of claim, deadlines, fees, recorded statements and fault, are answered on our Florida injury claim FAQ.

Tell us what happened

A lawyer will listen, tell you what Florida law does with those facts, and be straight with you about whether it is worth bringing. We are at 2101 Vista Parkway, Suite 4500, West Palm Beach, FL 33411.

Free consultationNo fee unless we winFive Florida offices