Nursing Home Lawsuits
The proposed legislation in Florida could harm patients in nursing homes. This is due to the state’s history of nursing home abuse, which has been characterized by corporate-run facilities prioritizing profits over residents’ well-being and understaffing their facilities to increase earnings. This situation has led to significant problems in Florida’s nursing homes.
Unfortunately, the situation is deteriorating. A recent investigation in February 2023 discovered that severe state-issued violations in Florida’s nursing homes have almost doubled since 2019. Additionally, during the pandemic, many nursing homes in Florida changed ownership. The new owners were accused of intentional understaffing, neglect of residents, sub-standard care, trafficking of staff from foreign countries, and systemic fraud.
In the midst of this crisis of neglect in nursing homes, legislators have proposed HB1029 and S1304, which are dangerous bills. The bills require a living spouse or a child under the age of 25 to maintain a wrongful death claim against a nursing home, effectively granting immunity to the nursing home industry when a nursing home patient who does not have a living spouse dies.
This protection against liability for the nursing home industry is concerning. It raises questions about the level of scrutiny and accountability that the industry should face. Since financial gain is the primary motivation for many nursing home owners, the potential for a wrongful death claim serves as a crucial deterrent against bad behavior. Such a claim provides an incentive to improve the quality of care provided by these facilities.
A $500 fine from the State of Florida’s Agency for Health Care Administration (AHCA) has no real impact on the care provided by nursing homes. It serves only as a slap on the wrist. On the other hand, a wrongful death lawsuit serves as an actual deterrent against harming residents in the future. If the possibility of financial deterrence is removed, Florida’s nursing homes and assisted living facilities could become a dangerous, unregulated environment.
There are currently no other states that have laws requiring victims to be married or have a child under 25 to make a wrongful death claim. This proposal would effectively prevent such claims from being made. This is not a partisan issue but rather an American issue that affects us all.
Lobbyists for the nursing home industry are attempting to sneak in legislation that could put Florida’s seniors in grave danger. It is vital that we act to prevent this from happening. It is important to contact Florida state legislators and remind them that the lives of Florida seniors matter more than out-of-state mega-donor money.
The Issue of Nursing Home Wrongful Death Cases in Florida
As our loved ones age, many of us are pressured into to making difficult decisions about their care. When a loved one moves into a nursing home, we trust that the facility will provide them with quality care and a safe living environment. Unfortunately, nursing home abuse and neglect are all too common, and the consequences can be deadly.
One of the most tragic outcomes of nursing home neglect is wrongful death. Wrongful death occurs when a person dies as a result of another party’s negligence or misconduct. The negligent party could be a person, a government entity, or a corporation. In the context of nursing homes, this may include failure to provide adequate medical care, medication errors, abuse, neglect, or other forms of mistreatment.
When a nursing home resident dies as a result of wrongful death, their surviving family members might be qualified to file a lawsuit against the facility. Wrongful death lawsuits can provide a sense of justice for families who have lost loved ones due to nursing home negligence. They may also serve as a deterrent to future abuse and neglect by holding nursing homes accountable for their actions.
However, proposed legislation in Florida could make it more difficult for families to file wrongful death lawsuits against nursing homes. The bill requires a living spouse or a child under the age of 25 to maintain a wrongful death claim against a nursing home, which would effectively grant immunity to the nursing home industry when a patient who does not have a living spouse dies. This protection against liability for the nursing home industry is concerning and raises questions about the level of scrutiny and accountability that the industry should face.
Wrongful death lawsuits play a crucial role in deterring bad behavior in nursing homes. The potential of a wrongful death claim provides an incentive for nursing homes to improve the quality of care provided by their facilities. In contrast, a $500 fine from the state has no impact on care and serves only as a slap on the wrist.
Families of nursing home residents need to be aware of their legal rights in the event of a wrongful death. If you suspect that your loved one’s death was the result of nursing home abuse or neglect, it is important to speak with one of our Florida Wrongful Death Attorneys as soon as possible. They can help you understand your legal options and fight for justice on behalf of your loved one.
CONTACT PARKER WAICHMAN LLP FOR A FREE CASE REVIEW
If you lost a loved one suffered harm at a nursing home or care facility, you or your loved one may have the right to seek justice and compensation for damages. The national nursing home abuse and neglect attorneys at Parker Waichman LLP are here to help you understand your legal options and file your lawsuit, if qualified.
The statute of limitations for filing a lawsuit is limited by law. Call Parker Waichman LLP today at 1-800-YOUR-LAWYER (1-800-968-7529) to receive a free, no-obligation consultation with one of our national nursing home lawsuit attorneys. Our toll-free number is available 24/7, so you can call us anytime, day or night. We are here to answer your questions, listen to your concerns, and help your family receive justice and financial compensation.
New York | Brooklyn | Queens | Long Island | New Jersey | Florida
Call us at: 1-800-YOURLAWYER (800-968-7529) | Schedule your free consultation
