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FL H0661

Bill

Status

Engrossed

5/2/2011

Primary Sponsor

Janet Adkins

Click for details

Origin

House of Representatives

2011 Regular Session

AI Summary

  • 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.

  • 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.

  • Caps noneconomic damages in wrongful death claims at $300,000 per resident, regardless of the number of claimants or defendants.

  • 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.

  • 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Indefinitely postponed and withdrawn from consideration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

Committee Referrals

Health And Human Services4/6/2011
Civil Justice Subcommittee2/22/2011

Full Bill Text

No bill text available