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FL H0661
Bill
Status
5/2/2011
Primary Sponsor
Janet Adkins
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AI Summary
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Limits causes of action against nursing homes to claims of negligence or violation of resident rights, restricting lawsuits to the licensee, management company, and direct caregiver employees.
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Requires trial judges to conduct evidentiary hearings before individual officers, directors, owners, or agents of nursing homes can be sued, establishing that they breached their duties and caused actual harm to residents.
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Caps noneconomic damages in wrongful death claims at $300,000 per resident, regardless of the number of claimants or defendants.
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Requires claimants to demonstrate a reasonable basis for punitive damages at an evidentiary hearing before proceeding, and limits punitive damages to defendants who actively and knowingly participated in intentional misconduct or gross negligence.
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Applies to all causes of action accruing on or after July 1, 2011.
Legislative Description
Nursing Home Litigation Reform
Last Action
Indefinitely postponed and withdrawn from consideration
5/7/2011