Florida law now allows the nearly 150,000 residents in nursing homes and assisted living facilities, or their families, to sue for unlimited compensatory and punitive damages against facilities allegedly violating any of a broad range of patient rights. The industry wants lawsuits allowed only in cases where facilities are negligent, not just for violating a patient's rights. Current Florida law also requires nursing homes to pay plaintiff attorney fees, which the industry wants changed in most cases. About 20 percent of them are reorganizing under bankruptcy protection, say state officials. He explains that lawmakers have intentionally designed laws to ensure vulnerable residents and their families can enlist private attorneys to protect residents' rights, as state regulatory agencies have been unable to.
Many states give nursing home residents leeway to bring civil suit.
A question of quality AARP opposes the arbitrary limits that nursing homes seek. As AARP sees it, quality of care is the central problem. If nursing homes increase staff to adequate levels and bolster training, Bodiford says, the number of lawsuits will decrease, along with insurance premiums. Nursing homes cite a recent analysis of lawsuits filed against them in Hillsborough County, Fla., showing that facility size, not quality of care, correlates to such suits. A task force convened by the state legislature did the analysis.