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Liability for Nursing Neglect Debated in Florida Senate

Who should be liable for nursing home abuse and neglect? Gaining access to deep pockets of nursing home investors could be blocked if new Florida legislation is approved.

In recent years, measures to limit the liability of corporate owners for injuries suffered by nursing home residents have failed. In those cases, the Florida Justice Association took a stand against the legislation. Lobbyists argued measures to limit liability of investors’ unfairly protected corporations for poor decisions that endanger the safety and well-being of nursing home residents.

With two recent amendments to Senate Bill 670, the Florida Justice Association fell in line with its backers and the bill passed through the Senate Health Policy Committee. The bill includes the following key provisions:

  • Under SB 670, liability for negligence or the violation of the rights of nursing home residents is limited to a “licensee, its management or consulting company, its managing employees, and any direct caregiver employees.” Sen. John Thrasher (R), who sponsored the bill, noted that it is good for residents if large investors are shielded because it gives them [investors] “extra economic protection so they can stay in business.”

  • The measure authorizes the Agency for Health Care Administration to suspend the license of a nursing home or other facility that fails to pay a settlement or judgment.

  • SB 670 allows quicker access to medical records of allegedly injured nursing home residents.

Prevention of nursing home neglect and elder and disabled abuse is essential. Accountability at each level is NECESSARY to ensure procedures and nursing staff protect and promote the well-being of residents Who’s families entrust the nursing homes with and that the residents so deserve.

If you suspect a loved one is suffering nursing home neglect or abuse in a Florida, speak with a skilled injury attorney to discuss your legal options.

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