October 6, 2008
Florida Nursing Home Abuse Court Cases On The Rise Resulting From Zealous Attorneys
When today's senior citizens near the age of retirement, they recognize the myriad considerations associated with both leaving the work force and aging in general.
As if saving funds through an IRA and overall estate planning aren't difficult enough, those nearing their 60s also need to weigh the prospect of eventual nursing home care. But around the country there are some serious problems to consider.
Florida and Texas have the most nursing home abuse lawsuits in the country, which is why you'll see advertisements for many Florida nursing home abuse lawyer all over billboards, park benches and buses. Lawyers specializing in nursing home abuse are on the rise, but so are lawsuits.
And while this may seem like a case of overly aggressive or egregious litigation, it's also made a tremendous difference in the quality of care in states like Florida. This is a state that once saw thousands of abuse cases reported to its Elder Abuse network and has recently seen a massive improvement in overall nursing home care across the state.
So, why the increase in lawsuits?
Until changes are made to the laws in Florida, the number of abuse, negligence and accident lawsuits filed on nursing homes will continue to rise. As a result, nursing home operators and workers must be extra diligent to avoid any form of potential lawsuit. To do so, they're making significant improvements.
So, if improvements are being made in senior care, then why are lawsuits on the rise? One significant factor is the recent passage of several Florida state statutes that permit a Florida nursing home abuse lawyer (the plaintiffs' attorney) to be awarded their legal fees if a nursing home or assisted living facility is found to have violated a senior resident's rights.
In Florida, these statutes were passed with the best intentions. However, they've also led to a sharp increase in lawsuits, many prompted by aggressive and predatory litigators. With lawyers advertising on park benches and Florida street signs, the legal climate has changed.
What does all this mean for nursing homes?
The recent increase of residents' rights-related lawsuits has forced some nursing homes into financial troubles or they have been pressed to increase costs after being unable to obtain liability coverage at an affordable cost.
What is the impact on residents?
As insurance and litigation costs rise for Florida nursing homes, those costs are then passed on to residents and their families. Whether it's in the form of higher per diems or initiation fees, the added expenses fall on the shoulders of residents and their loved ones.
What is Chapter 400?
Chapter 400 is a Florida statute designed and written to protect the residents of retirement and nursing homes. It's essentially a clear list that safeguards a resident's rights such as financial rights, civil rights, religious rights and privacy rights along with freedom from abuse and other personal infringements.
Chapter 400 is a necessary statute that's critical to the state's protection of elderly residents. It ought to be read routinely by nursing home operators, workers and yes, even every Florida nursing home abuse lawyer.






