Proposed Bill Limits Nursing Home Lawsuits

Feb 18, 2014

Credit Susan Sermoneta

A bill that passed its first Senate hearing today aims to limit which parties can be brought to court in nursing home disputes.  Nursing home residents would only able to file initial complaints against the nursing home itself, the subcontractors they employ, and direct caregivers.  Under the bill, introduced by State Senator John Thrasher (R-St.Augustine), passive investors are less likely to face litigation, and Thrasher says this will encourage investment.

“This provision ensures that the plaintiff has access to those who truly may be at fault, while making sure that passive investors, whose capital we desperately need to be invested in new and improved nursing facilities, are not driven away from Florida,” Thrasher said.

Under the proposed framework, corporations that own nursing homes could not be held liable for the negligence or misconduct of their subsidiaries.  Any entity not listed in the bill would only face court if the plaintiff demonstrates that entity failed to fulfill a duty owed to the resident.