Can I Sue a Home Health Care Service for Medical Malpractice? By Moody Law | Personal Injury Attorneys on June 15, 2023

Elderly person with a walker viewing a home care aide with suspicion

When a doctor fails in their duty to provide care, patients can file medical malpractice lawsuits to hold healthcare professionals accountable. Yet not all health services are administered by doctors or in hospitals or clinics. Many residents in Lakeland, Winter Haven, and Tampa, FL, rely on home health care providers to assist with daily needs.

When a home health care aide fails in their duties, do people under their care have legal recourse?

Yes, you can sue home health aides if they provide substandard care. However, you may actually sue the aide or their agency for negligence rather than for medical malpractice. Our lawyers delve into the matter in more detail below.

What Does Negligence Mean in These Cases?

Negligence means the failure of someone to act with the same level of care that a reasonable person would in a similar situation.

This could take a number of forms when it comes to health aides. Perhaps the home aide is inattentive while the patient is trying to climb the stairs, leading to a fall. Or maybe the home aide fails to read the proper dosage on a prescription bottle.

Ultimately, we rely on home health caregivers to administer care. Negligence refers to their lack of care while doing their job.

Does Abuse or Mistreatment Constitute Negligence?


In some unfortunate cases, home health aides are abusive to their patients. This abuse can take many forms, including physical abuse, psychological abuse, sexual abuse, and financial abuse. These kinds of cases are especially aggravating since the health aide is taking advantage of a vulnerable or infirm person.

If your loved one has been the victim of malicious treatment, it’s crucial to speak with a personal injury lawyer about what happened.

Lawsuits Hold Home Care Agencies Accountable

Lawsuits would generally target the home health agency for being responsible for any acts of negligence. Perhaps the agency didn’t perform the proper background checks when hiring the aide, or the agency failed to properly train the home health aide before they were sent out. In addition, an aide may not have been disciplined or terminated despite multiple complaints of negligence or abuse.

Given the demand for these services, it’s crucial that attorneys stand up to health staffing companies that are unethical or unscrupulous in their hiring and staffing practices.

How Our Lawyers Can Help

During the litigation process, our attorneys can seek damages to address brain damage and traumatic brain injuries (TBI), or any other kinds of harm that befell your loved one. If the negligence by the home health aide proved fatal, we can help you file a wrongful death lawsuit for the loss of a loved one due to neglect or abuse.

Whether we negotiate a settlement or take your case all the way to trial, we will strive to get you compensated for the hardships your family was forced to endure.

Contact Our Injury Lawyers Today

Were you or a family member injured by a home care aide? Our attorneys can help. To set up a consultation to discuss what happened, contact our lawyers in Lakeland, Winter Haven, and Tampa. We are ready to listen.

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Daniel D. Moody, J.D., B.C.S.

Moody Law, P.A.

Moody Law was founded by Daniel D. Moody for the sole and exclusive purpose of representing the injured. Our main office is centrally located next to the Polk County Courthouse in Bartow, FL, serving Lakeland, Winter Haven, and all the other communities of Polk County.  Some of Mr. Moody’s honors, memberships, and associations include:

  • The Florida Bar Board Certification – Civil Trial Specialist
  • AV PREEMINENT Martindale-Hubbell Lawyer Ratings
  • Life-member Multi-Million Dollar Advocates Forum
  • Best Attorneys of America – Rue Rating Lifetime Charter Member
  • National Trial Lawyers: Top 100 Trial Lawyers

To schedule a free, no-obligation consultation, contact us online or call (863) 733-9090.

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