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Centre for Policy on Ageing | |
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Chapter 400 in the State of Florida
— has nursing home litigation gone too far? | | Author(s) | Adam G Golden, Charles Beber, Michael A Silverman |
| Journal title | Journal of Mental Health and Aging, vol 7, no 2, Summer 2001 |
| Pages | pp 245-256 |
| Keywords | Complaints [services] ; Residents [care homes] ; Rights [elderly] ; Nursing homes ; Law ; United States of America. |
| Annotation | Chapter 400 in Florida relates to statutes and regulations delineating nursing home residents' civil rights. By authorising attorneys' fees and punitive damage awards, this legislation greatly increases the legal exposure and potential liability of nursing homes in Florida, by associating civil rights with homicidal outcomes and social concerns. Any adverse outcomes, such as pressure ulcers, falls, or malnutrition - even in the most rapidly and hopelessly deteriorating resident - may constitute a licensee's violation of the resident's rights under Chapter 400, and thus provide the pretext for claims of negligence on the part of the nursing home. By equating the often inevitable development of these geriatric syndromes with negligent care, any "injury", large or small, can translate into high returns for plaintiff attorneys. The authors describe the critical components of Chapter 400, and discuss the potential impact of this legislation on the delivery of chronic care to frail older people. (RH). |
| Accession Number | CPA-010927203 A |
| Classmark | QLV: KX: IKR: LHB: VR: 7T |
Data © Centre for Policy on Ageing |
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| ...from the Ageinfo database published by Centre for Policy on Ageing. |
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