Kendall, Florida, Can legal action be taken against a nursing home that hired someone who is underqualified?

Nursing homes should only be offering jobs to those who have the experience, education, and skill needed to work in the field. Additionally, they shouldn’t have any prior complaints filed against them or a criminal record with convictions stemming from abuse or neglect listed on it. It is very important for nursing homes to only select qualified individuals to work in these facilities as they are responsible for caring for, assisting, and supervising aging individuals, many of which are vulnerable and in need of constant help and support.

When individuals or health care workers who are underqualified are brought into a nursing home to work, it can cause any of the following to occur:

  • They might deviate from the standard level of care.
  • They may neglect a resident which could result in them becoming dehydrated or malnourished.
  • They may be unsure of how to treat a resident’s condition such as a bedsore which causes it to worsen.
  • They can’t handle the pressure the position carries with it and takes their frustrations out on the resident. This can be done verbally or physically.
  • They violate one or more of a resident’s rights.


If an underqualified nursing home worker neglects a nursing home resident or becomes abusive toward them, they can be held liable for their behavior by way of a lawsuit. And if the nursing home in which they are employed with was aware they were underqualified at the time they were hired for the position, the facility can also be sued for its negligence.


Suing a Nursing Home in Kendall for Neglect


If a nursing home resident was harmed by an employee or health care worker who is underqualified to work in the facility, a lawsuit can be brought against the individual and the facility. If a resident or their legal representative decides to bring a lawsuit against the worker and/or the nursing home, they are required to notify each party of their intent to sue. This is something a Kendall, FL nursing home neglect lawyer can help them with.

Florida Statute §400.0233 also states that a lawsuit must not be filed within 75 days after notice has been mailed to the parties who the resident or their legal representative intends on suing. During this timeframe, the “prospective defendants” will be given the opportunity to evaluate whether the claims being made are valid. Sometimes, when a facility is aware it made a mistake by allowing an underqualified individual to work there, a settlement may be offered to avoid going to trial.

Depending on the settlement amount and the severity of the injuries the resident suffered, the resident or their legal representative may decide to accept the offer or decline it and take their case to trial.

If a family recently discovered their loved one who is living in a Kendall nursing home was neglected by an underqualified worker or even someone who has the necessary credentials to work there, and they suffered as a result, they should contact Miller Trial Law. The Kendall, FL nursing home neglect lawyers at Miller Trial Law can help a family understand the legal process they must follow to obtain justice and assist them should they decide to pursue litigation.


Miller Trial Law can be reached at:


Miami Office


Town Center One

8950 S.W. 74th Court, Suite 1711

Miami, FL 33156

Phone: 305-697-8312



Coral Springs Office


11555 Heron Bay Blvd., Suite 200

Coral Springs, FL 33076