FL H0869

Nursing home residents retain cause of action for negligence or violation of resident rights against licensees, management companies, and direct caregiver employees, with sections 400.023-400.0238 providing exclusive remedy for damages arising from negligence or rights violations.

Claimants must obtain court approval via evidentiary hearing before asserting punitive damages claims, with trial judge weighing admissible evidence to ensure reasonable basis for recovery by clear and convincing evidence.

Punitive damages against defendants including licensees or management companies require trier of fact to find clear and convincing evidence that a specific individual or corporate defendant actively and knowingly participated in intentional misconduct or gross negligence.

In vicarious liability cases, punitive damages may be imposed on employers, corporations, or legal entities only if a specifically identified employee or agent meets criteria in subsection (2) and officers, directors, or managers condoned, ratified, or consented to the specific conduct.

Act takes effect July 1, 2013, and applies to all causes of action accruing on or after that date.