Things are quickly coming to
a head between the Florida Health Care Association and the Florida Justice
Association trial-lawyers organization over the rights of nursing home
residents to sue their long-term care providers. Both sides are seeking changes
to legislation following the 12 resident deaths that occurred at The
Rehabilitation Center at Hollywood Hills that resulted from the power outages
caused by Hurricane Irma.
Legal
Dispute Over Nursing Home Lawsuits
Currently, there is a cap on
the punitive damages that can be collected during a lawsuit against a nursing
home, a cap that was agreed upon by both parties in 2001 as well as in 2014.
The cap for punitive damages in nursing home cases is currently $1 million with
a few exceptions: if a wrongful act is determined to be done for unreasonable
gain, then the cap increases to $3 million and if the defendant is found to
have purposefully caused harm, the cap increases to $4 million.
A bill was recently filed by
Senator David Simmons to eliminate the cap and to require that half of any
punitive damages that are awarded be put into a state trust fund with the
purpose of improving the quality of care in the state’s nursing homes.
The Florida Health Care
Association has criticized these proposed changes, yet it has proposed changes
itself. They want the 50 percent of punitive damages that are supposed to be
deposited into a trust fund to cover any punitive damages collected in
settlement agreements as well.
Additionally, they also want
to make an amendment that emphasizes that the money put in the trust fund can
be used by nursing homes to purchase new generators through a grant program,
thereby helping to ensure that nursing homes will not be without heat or air
conditioning should a long-term power outage occur again.
According to the Florida
Health Care Association, the amendments that they are supporting are a direct
response to the changes that the Florida Justice Association want to implement.
Whatever the outcome of the
fight over nursing home legislation is, it’s important that the rights of
nursing home residents are protected. If you or a loved one has been hurt,
neglected or abused in a nursing home, the Law Office of
Gloria Seidule
will help you obtain the compensation you deserve. Contact us at 772-287-1220
to speak with a nursing home injury lawyer today.
