Florida Moves To Restrict Nursing Home Negligence Lawsuits
There are currently two amendments to nursing home negligence lawsuits that are being proposed by Florida legislators. The law would make nursing home abuse and negligence laws follow the same rules as Florida’s medical malpractice lawsuits. No adult children over the age of 25 would be able to sue on their parent’s behalf. Conversely, parents of adults over the age of 25 would also not be allowed to file a lawsuit. In Florida, only a spouse or child under the age of 25 can file a lawsuit alleging wrongful death in a medical malpractice lawsuit. The new rule would make nursing home abuse cases work these medical malpractice lawsuits.
The Free Kill Law
The aforementioned medical malpractice rule is known colloquially as the “free kill law.” It restricts who can file a wrongful death lawsuit based on medical malpractice. HB 1029 and S 1304 are two proposed pieces of legislation that would prevent adults over 25 from filing a lawsuit against a nursing home based on negligence. The idea is to protect nursing homes from “junk” lawsuits. However, many individuals in nursing homes don’t have spouses or minor children to file a lawsuit on their behalf. This would prevent thousands of actionable claims from reaching a jury. The cases would be dismissed by courts and nursing home abuse attorneys would be prevented from taking them.
Nursing home standards of care are getting worse
The situation in nursing homes for patients is getting worse, not better. The Tampa Bay Times, released an expose on how Florida authorities cited nursing homes for serious violations in numerous cases.
Many area nursing homes are accused of understaffing their facilities, neglecting their residents, human trafficking of staff from overseas, and systemic fraud. Rules like HB 1029 would take pressure off of nursing homes during a time when their standards are at an all-time low. It would mean that no one would be allowed to file a lawsuit against the nursing home unless the resident had a living spouse or children under 25. Many do not.
While the proposed legislation has yet to make it into law, it represents a dangerous precedent for Florida residents who are in nursing homes. There would be no accountability in many cases for residents who are killed due to substandard care.
Many Florida nursing homes are run by a cabal of individuals who reside in New York and New Jersey. Some have taken to calling them the “nursing home mafia”. They operate on a complex web of corporate ownership that clouds responsibility. In many cases, the nursing homes appear on paper to run at razor thin profit margins. But in reality, they are paying rental fees far in excess of the going rate. This gets the money out of the company and makes it more difficult to sue.
Talk to a Jacksonville Nursing Home Abuse Lawyer Today
The Jacksonville nursing home abuse lawyers at Gillette Law represent the interests of grieving families and injured victims who have been harmed by substandard care in Florida nursing homes. Call our office today to schedule a free consultation and hold the negligent party accountable for their actions.
