Florida legislators are considering a new law which would set limits to the liability nursing homes could face in wrongful death cases, according to the Sunshine News.
If approved, the new law would limit non-economic damages to $250,000.00 for a nursing home’s first wrongful death case. Additionally, the new statute would not allow families seeking redress for wrongful death to be awarded punitive damages against the investors/owners of the nursing home, if these are not from Florida.
Good for Nursing Homes, Bad for Our Elderly
Among the supporters of the bill are the Florida Health Care Association and the Chamber of Commerce. Both these organizations say that nursing home operators could use the money they currently spend fending off lawsuits in providing better health care at the facilities. On the other hand, the groups that oppose the bill, among them the AARP and the Florida Justice Association, say that the bill does nothing for nursing home residents and only helps nursing homes by limiting the liability for which they should be held accountable.
No More Punitive Damages For Wrongful Death
The bills, currently known for their House and Senate denominations (HB 661 and SB 1396), will make it impossible for families of residents who die because of negligence at the facilities to get punitive damages. The current system allows for the award of that kind of damages, which gives nursing home operators a strong motivation to do their jobs right and duly care for our elderly.
The bill would also shield out-of-state owners/investors because it would prevent the victim’s families from suing them if their places of residence or corporate offices are not in not in Florida.
Senior citizens are Florida’s greatest asset. Should it pass, this bill would effectively tell nursing home operators that they have nothing to worry about if they provide our seniors with poor and substandard care. Moreover, time and again studies show that when nursing homes, other health care facilities or corporations in general save money on claims, that money is not spent on improving patient/resident care, but goes to corporate profits.
If a loved one has died due to the negligence of a nursing home, you should immediately contact a law firm experienced in handling these cases. The Miami Dade County Nursing Home Liability Law Offices of Greenberg, Stone & Urbano has throughout the years represented many clients involved in nursing home cases, traumatic brain injuries and serious personal injuries. Visit our website to learn more about our firm and contact us today for a free consultation.