In a measure passed by the Florida State Senate, lawsuits that allege nursing home abuse could be subject to smaller awards. The bill would shield many private equity firms that own nursing homes around the state of Florida. The bill is directed to shield from financial exposure in lawsuits for those in ownership positions and take no active role in the management of the facilities. It would limit actions against any ownership party who had no impact on the day-to-day activities in the nursing home facility.
The proponents of the bills say its purpose is to allow for private equity firms and other private investors to take a more active role in investing in nursing home facilities in the state.
According to the report, this bill was targeted at Tampa attorney James Wilkes, who has a reputation for successfully representing plaintiffs in nursing home abuse cases. The bill has the support of the Florida Healthcare Association, AARP, the Florida Justice Association, which represents a host of Florida trial lawyers.
Those opposed, including Wilkes and smaller groups who claim that large corporate parents to subsidiaries who own nursing homes, will be screened from liability keeping their margins of profit high. In other words, the argument against the bill was that profits over people is the motive for the investment firms buying interests in Florida nursing homes. The bill passed by the Senate is now shifting to the House of Representatives in Florida for the debate and voting.
According to Wilkes, the bill passed is not about lawsuits, but it’s about keeping secret the investors and corporations who invest heavily for profit in Florida nursing homes.
Under Illinois’ Nursing Home Care Act, 210 ILCS 45/1-101 et seq., owners and licensees of Illinois nursing homes can be held responsible, and be liable for damages for the abuse, injury or death of an Illinois nursing home resident caused by the neglect of the personnel of the facility.
Kreisman Law Offices has been handling Illinois nursing home abuse and injury cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 38 years in and around Chicago, Cook County and its surrounding areas, including Countryside, Oak Forest, Midlothian, Crestwood, Calumet City, Orland Park, Blue Island, Brookfield, Lincolnshire, LaGrange Park, Hillside, Melrose Park, Elmwood Park, Franklin Park and Forest Park, Ill.
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