Lawmakers are considering a proposal that would cap noneconomic damages in Florida nursing home negligence-related wrongful death cases at $250,000. The bills, SB 1936 and HB 661, are making their way through the Florida Senate and House respectively. If passed, not only would the new law make it harder to sue negligent nursing homes but it would also make it harder for plaintiffs to obtain punitive damages. The House Civil Justice Subcommittee passed the measure earlier this month and the Florida Health Care Association, which represents nursing home owners, is pushing for the bill to pass.
Our Miami nursing home neglect and abuse lawyers believe that negligent nursing homes should pay victims and their families the maximum in damages possible over the harm that they have suffered. The Florida Justice Association, which represents trial attorneys, and AARP are against the bill. Meantime, according to Jacksonville.com, the nursing home industry believes that its money should go toward providing nursing care rather than defending itself against civil complaints. Many are worried that eliminating the threat of having to pay significant Florida wrongful death damages would allow negligent nursing homes to get away with not being held accountable.
The measure also only allows a plaintiff to sue the party that is licensed to operate the Florida nursing home. This means that if the owner or/and investor of the negligent assisted living facility is based out of state, they cannot be sued.
Our Palm beach nursing home abuse and neglect attorneys are appalled at the treatment and poor nursing care and medical our clients have received while living at a South Florida assisted living facility.
Legislators push to limit lawsuits against Florida nursing-home industry, Orlando Sentinel, April 8, 2011
Bill would protect Florida nursing homes in lawsuits, Jacksonville.com, April 4, 2011
Related Web Resources:
More Blog Posts:
Florida Nursing Home Neglect?: Maggots Found in 76-Year-Old Patient at Assisted Living Facility with Palm Beach County Ties, South Florida Injury Lawyer Blog, September 14, 2010
Florida Pediatrician Says Neglect Led to 12-Year-Old Miami-Dade Nursing Home Resident’s Burn Injuries, South Florida Injury Lawyer Blog, October 28, 2011
If you suspect abuse or neglect, do not hesitate to remove your love done from the facility, contact the authorities, and call our Port St. Lucie nursing home negligence lawyers to find out whether you have a case.