Can I Be Sued for Nursing Home Negligence? A Look at Florida Statute § 400.023

In June of 2014, the Governor approved new legislation, revamping certain aspects of Chapter 400. Among those revisions were changes to the individuals and/or entities that could be sued for Chapter 400, nursing home negligence and the procedures associated with adding additional parties beyond those specifically authorized by the statute. The Initial Chapter 400, Nursing Home Negligence Complaint Let’s start off with the language of the statute. Florida Statute § 400.023(1) (“Civil enforcement”) states: An exclusive cause of action for negligence or a violation of residents’ rights as specified under this part which alleges direct or vicarious liability for the personal injury or death of a

Limiting a Plaintiff’s Use of Nursing Home Policies and Procedures to Establish Negligence at Trial

In just about every nursing home negligence lawsuit, the Plaintiff will inevitably request a copy of the nursing home’s policies and procedures. In this blog, I discuss possible limits on a Plaintiff’s use of those policies and procedures to establish negligence at trial. Let’s first lay the groundwork with two cases: First, in Wal Mart Stores, Inc. v. Wittke, 202 So. 3d 929 (Fla. 2d DCA 2016), the Plaintiff slipped and fell at a Walmart. At the conclusion of trial, the jury returned a verdict in favor of Walmart. Id. The Plaintiff then filed a motion for a new trial. Id. The trial judge granted the motion and set aside the jury verdict. Id. In reaching its conclusion, the trial court stated

Representing Nursing Homes
Discussing legal issues facing skilled nursing facilities throughout the state of Florida.
Representing Nursing Homes

Michael B. Kornhauser, Esq.

Fuerst Ittleman David & Joseph

Suntrust International Center

One Southeast Third Avenue

Suite 1800

Miami, Florida 33131

mkornhauser@fidjlaw.com

(305) 350-5690

www.fidjlaw.com

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