Reform now Nursing home lawsuit reform, which the trial lawyers managed to keep out of a 1999 tort reform bill, is a pressing issue for the legislative session that is under way, and both sides are arming themselves for a long siege.
Lawyers are in the catbird seat for the moment.
The 1999 reforms that were enacted by the Legislature are in doubt, after a trial judge ruled the law unconstitutional. However, the public appears to be on the side of reform. A new poll shows 59 percent of Florida residents support caps on liability and 65 percent say the legal attacks are a threat to good care for the elderly. Also, the Orlando Sentinel examined 924 lawsuits filed in Central and South Florida counties during the past five years, revealing how attacks on the industry became a gold mine for trial lawyers, including one Jacksonville firm. Trial lawyers discovered early in the 1990s that the 1976 Resident's Rights law for nursing homes made it easier to sue.