Yes, you can. It’s considered an accidental death or a wrongful death claim under Florida law. There are specific provisions that are required in bringing a claim for accidental or wrongful death against a nursing home.

You must establish that the nursing home breached the standard of care, that is violated the standard of care, and that that failure to do something or doing something negligently caused the patient’s death. Then family members can bring a claim for the death.

Nursing home cases are not like medical malpractice cases. You don’t have to have a surviving spouse or dependent minor child to bring a claim. An adult minor child can bring the claim for the wrongful or accidental death of their loved one in a nursing home.