When agency oversight and enforcement of government standards proves ineffective or inefficient, society turns to the legal system for a remedy, but unrestrained private litigation is easily abused against nursing home providers. Although punitive damages are certainly warranted in cases of egregious abuse and neglect, excessive and frivolous residents' rights suits driven by plaintiffs' attorneys can bankrupt providers already struggling to operate on inadequate Medicaid reimbursement. Suspending the discussion of Medicaid reimbursement, both legislative reform and strong state agency action are necessary to reform this vital industry and to save it from potentially devastating litigation. The industry needs efficient and consistent regulatory oversight and application, while being afforded some limits to currently unlimited legal liability. This Note discusses the causes of recent growth in nursing home litigation and its effects on nursing home residents, providers and government.
Specific attention is devoted to Florida for demographic and legislative reasons.
Complementing its large elderly population, Florida has one of the broadest private rights of action for nursing home residents. Consequently, other states use Florida's statute as a model. Part II of this Note examines the national nursing home environment, reflecting on the status of the industry and relevant legislation. Part III explores current federal nursing home legislation and discusses recent reform efforts. Part IV examines Florida's nursing home industry and raises concern about particular state legislation widening nursing home liability.