Florida

• 4 years with Discovery Rule. (Florida Statutes Annotated Title VIII (Limitations), Chapter 95 (Limitations of Actions; Adverse Possession), §95-11 – Limitations other than the recovery of real property)
• Medical malpractice – 2 years with Discovery Rule, but no action may be brought more than four years after the incident giving rise to the action.  Minor under age eight must bring suit by eighth birthday or within SOL, whichever is greater. (Florida Statutes Annotated. Title VIII (Limitations), Chapter 95 (Limitations of Actions; Adverse Possession), §95-11 – Limitations other than the recovery of real property)

• Noneconomic damages for negligence of practitioners: May not exceed $500,000 per claimant, regardless of number of practitioner defendants.  If negligence resulted in permanent vegetative state or death, total noneconomic damages may not exceed $1 million.  In cases not involving permanent vegetative state or death, claimant may recover noneconomic damages not to exceed $1 million if: trial judge determines that manifest injustice would occur unless increased economic damages are awarded based on finding that noneconomic harm was particularly severe and trier of fact determines that negligence caused catastrophic injury to patient. (Fla. Stat. Ann. Title XLV (Torts), Chapter 766 (Medical Malpractice and Related Matters), §766.118 – Determination of noneconomic damages)
• Noneconomic damages for negligence of nonpractitioners: Noneconomic damages may generally not exceed $750,000.  If negligence resulted in permanent vegetative state or death, damages may not exceed $1.5 million.  In cases that do not involve death or permanent vegetative state, claimant may recover noneconomic damages not to exceed $1.5 million under specific circumstances. (Fla. Stat. Ann. Title XLV (Torts), Chapter 766 (Medical Malpractice and Related Matters), §766.118 – Determination of noneconomic damages)
• Punitive damages – Cap is there times compensatory damages or $500,000, unless plaintiff demonstrates to court by clear and convincing evidence that a greater award is not excessive.
  (Fla. Stat. Ann. Title XLV (Torts), Chapter 768 (Negligence), §768.73 – Punitive damages; limitation)

• 2 years from date of death. (Fla. Stat. Ann. Title VIII (Limitations), Chapter 95 (Limitations of Actions; Adverse Possession), §95-11 – Limitations other than the recovery of real property)

• Noneconomic damages for negligence of practitioners: May not exceed $500,000 per claimant, regardless of number of practitioner defendants.  If negligence resulted in permanent vegetative state or death, total noneconomic damages may not exceed $1 million.  In cases not involving permanent vegetative state or death, claimant may recover noneconomic damages not to exceed $1 million if: trial judge determines that manifest injustice would occur unless increased economic damages are awarded based on finding that noneconomic harm was particularly severe and trier of fact determines that negligence caused catastrophic injury to patient.
  (Fla. Stat. Ann. Title XLV (Torts), Chapter 768 (Negligence), §768.21 – Damages)
• Noneconomic damages for negligence of nonpractitioners: Noneconomic damages may generally not exceed $750,000.  If negligence resulted in permanent vegetative state or death, damages may not exceed $1.5 million.  In cases that do not involve death or permanent vegetative state, claimant may recover noneconomic damages not to exceed $1.5 million under specific circumstances.
  (Fla. Stat. Ann. Title XLV (Torts), Chapter 766 (Medical Malpractice and Related Matters), §766.118 – Determination of noneconomic damages)
• Punitive damages – Cap is there times compensatory damages or $500,000, unless plaintiff demonstrates to court by clear and convincing evidence that a greater award is not excessive.
  (Fla. Stat. Ann. Title XLV (Torts), Chapter 768 (Negligence), §768.73 – Punitive damages; limitation)

• Florida Department of Health
• Adult Protective Services
• Agency for Health Care Administration, Long Term Care Services
• Nursing Homes
• Department of Elder Affairs

• Nursing Homes and Related Health Care – (Fla. Stat. Ann. Title XXIX (Public Health), Chapter 400 (Nursing Homes and Related Health Care Facilities), Part I (Long-Term Care Facilities: Ombudsman Program) and Part II (Nursing Homes))
• Minimum Standards for Nursing Homes (Agency for Health Care Administration, Health Facility and Agency Licensing – 59A-4: Minimum Standards for Nursing Homes)
• Abuse, Neglect, and Exploitation of Elderly Persons and Disabled Adults – (Fla. Stat. Ann. Title XLVI (Crimes), Chapter 825 (Abuse, Neglect, and Exploitation of Elderly Persons and Disabled Adults))
• Adult Protective Services – (Fla. Stat. Ann. Title XXX (Social Welfare), Chapter 415 (Adult Protective Services))

• Yes, Good Nursing Homes Do Exist!

Good nursing homes do exist.  In fact, there are many dedicated facilities throughout the country dedicated to the compassionate care of the elderly. 

In an era where we are bombarded with horrific descriptions of nursing home abuse and neglect, it was a pleasure to come across Jane Brody's personal accounting of the Miami Jewish Health System-- one of largest nursing homes in Florida. Ms. Brody's article, 'Nursing Homes That Belie the Bad Image' appeared in the New York Times and may be viewed here.

• Inspection Report Confirms Unsanitary Living Conditions In Florida Nursing Home

State investigators have set an October 25th deadline for the Englewood Health Care center to correct conditions deemed to be unsanitary.  During a recent inspection, investigators found mold and leaking water in several patient rooms.  These unsanitary conditions were particularly bothersome to inspectors due to the fact that a substantial portion of the nursing home patients suffered from 'respiratory illness".

• Admissions Suspended At An Emeritus Assisted Living Facility Following The Discovery Of: Medication Errors, Bed Sores & Falsified Medical Records

After discovering multiple health and safety problems, Florida officials have suspended the admission of new residents to Emeritus at Crossing Pointe-- a Florida Assisted Living Facility.  

A September inspection of Emeritus revealed:...

• Maggots In Open Wounds In At Florida Nursing Home

A man admitted to Azalea Court Nursing and Rehabilitation Center for rehab for a broken leg, soon realized he was getting more than rehab at the facility he chose to help him- maggots.  The maggots were seen in an open wound during a dressing change.  Azalea Court's complaint and inspection reports from the past several years did not reveal any glaring problems. Investigators from the State Attorney’s Office visited Tuesday.  Read more about the maggots here.

• Cocaine Kingpin Found In Florida Nursing Home

You never know who may turn up at your local nursing home...unfortunately.  68-year old, David 'Daddy Dave' Green was recently discovered as a resident at Florida nursing home. Mr. Green had been on the run for 8years following his escape from an Ohio jail.  Mr. Green is not your ordinary nursing home resident, as he is currently listed as one of America's top 15 most wanted fugtives. Read more about this nototius nursing home resident here.