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Nursing home cases are distinct from medical negligence claims, Florida high court rules .

Publication: Trial
Publication Date: 01-MAR-03
Format: Online - approximately 576 words
Delivery: Immediate Online Access

Article Excerpt
The Florida Supreme Court recently drew a clear distinction between medical care and nursing home care by ruling that plaintiffs in cases alleging nursing home abuse and neglect can sue for wrongful death and negligence without meeting the state's presuit requirements for filing a medical malpractice claim. (Integrated Health Servs. v. Lang-Redway, No. SC01-792, 2002 WL 31769252 (Fla. Dec. 12, 2002).)

Citing Florida's Nursing Home Residents Bill of Rights statute, the court held that "if a plaintiff files a lawsuit seeking to enforce only those...

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