Nursing Home Abuse And Negligence Liability
Numerous processes related to establishing liability in nursing home abuse and negligence cases have changed since the onset of COVID-19, causing additional challenges in seeking justice and fair compensation for victims. The passing of Senate Bill 72 in the Florida House of Representatives on March 29, 2021 is one example.1 The Bill grants specific types of legal immunity to nursing homes with regard to COVID-19-related litigation.
Potential Problems with Blanket Immunity
Blanket lawsuit immunity for nursing homes and similar care facilities creates the potential for provable cases of abuse and/or negligence to go unchallenged. Verifiable cases of abuse and/or negligence that was done with intent should be fully addressed, not legally ignored.
Bankruptcy and Nursing Home Abuse and Negligence
Another situation affecting individuals who are, or have been, victims of abuse or negligence is nursing home bankruptcy, a scenario that has impeded even further on nursing home abuse and negligence victims. One current bankruptcy case that involves specific Florida-based nursing homes has raised questions regarding the ability to move forward with legal claims brought by residents and their families.2
From judges and juries to arbitrators and mediators, the legal system has continued to be faced with reviewing an overwhelming amount of Nursing Home Abuse cases. Delays in legal processing are relatively common. As Florida is one of several states that requires a presuit notice with regard to nursing home lawsuits, additional delays can occur.3
Regardless of the party or parties involved, or the current financial scenario a Nursing Home or affiliated company is faced with, having experienced legal representation is crucial, as it provides a number of benefits that can effectively influence the best outcome for the victim.
If you or a loved one is currently experiencing, or has experienced, provable abuse or negligence, or a loved one has died, contacting an experienced lawyer for an initial consultation is an important step. It is helpful to research information about lawyers or legal teams who specialize in Nursing Home Abuse and Negligence cases, or if possible, who specialize in the particular type of lawsuit case you may be dealing with.
Many lawyers and legal teams offer free initial consultations. At Mallard & Sharp, P.A., we specialize in a wide variety of abuse and negligence cases. To schedule a free initial consultation with our expert legal team call 877.662.5527 or 305.461.4800.