Miami-Dade County has one of the largest elderly populations in the United States, and a correspondingly large network of nursing homes, skilled nursing facilities, and assisted living facilities (ALFs). Florida's Agency for Health Care Administration (AHCA) inspects these facilities and publishes deficiency reports, records that often reveal a pattern of neglect, understaffing, or inadequate care before a serious injury ever reaches a courtroom.

Why Gold & Gold in Miami

Philip A. Gold and David H. Gold have represented Miami-Dade families whose elderly relatives suffered preventable injuries in local nursing homes and ALFs. From the Dadeland office, the firm reviews AHCA inspection reports, obtains medical records from treating physicians at Jackson Memorial and Baptist Health, and works with geriatric care experts to establish the standard of care and its breach.

Miami courts, deadlines & Florida rules

Florida's Nursing Home Residents' Rights Act (Chapter 400, Florida Statutes) and the Assisted Living Facility Act (Chapter 429) create enforceable duties of care and an independent cause of action for violations, separate from ordinary negligence. These statutory claims can allow for attorney's fees. Under HB 837, the standard negligence two-year statute of limitations applies to most nursing home injury claims, though Chapter 400 actions carry their own provisions. The 51% modified comparative fault rule applies. Arbitration clauses in admission agreements are common; Gold & Gold evaluates enforceability carefully. Cases are filed in the 11th Judicial Circuit.

Common nursing home negligence cases we see in Miami

  • Pressure ulcer (bedsore) development due to understaffing and inadequate repositioning at Miami-Dade SNFs
  • Fall injuries from missing bed rails, wet floors, or inadequate supervision in Hialeah and Kendall facilities
  • Medication errors and overdoses at ALFs with untrained staff
  • Dehydration and malnutrition in memory care units across South Miami-Dade
  • Elopement injuries when residents with dementia leave unsecured facilities in Miami-Dade
FAQ

Frequently Asked Questions

How do I get the AHCA inspection records for a Miami nursing home?
AHCA publishes facility inspection reports on its public website, and Gold & Gold obtains the full complaint investigation files as part of case preparation. Prior deficiencies, especially repeated citations for the same issue, are powerful evidence of systemic neglect.
My mother signed an arbitration clause on admission. Can we still sue?
Florida courts scrutinize nursing home arbitration agreements carefully. Many are unenforceable because they were signed under duress, lacked proper disclosure, or were signed by a family member without legal authority. Gold & Gold reviews these clauses before advising on the best course of action.
What if the nursing home blames my relative's underlying medical conditions?
Facilities routinely argue that a resident's age or pre-existing conditions, not their negligence, caused the injury. Florida law allows recovery even where a pre-existing condition made the resident more vulnerable, the facility takes the resident as they are and must meet the applicable standard of care regardless.