The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . arbitration agreement that substantially diminishes or circumvents [the remedies set forth in sections 400.022 . . . Count one alleged negligence, in violation of section 400.022, Florida Statutes (2016) ; count two alleged . . .
. . . The Act is codified at sections 400.022-.0238, Florida Statutes. . . .
. . . cases, the violating provisions were deemed to erode access to statutory remedies provided in sections 400.022 . . .
. . . complaint included a count for violation of Florida’s Nursing Home Residential Rights Act, sections 400.022 . . .
. . . Count one alleged negligence in violation of section 400.022, Florida Statutes (2013), count two alleged . . .
. . . in the trial court alleging violations of her mother’s nursing home resident’s rights under sections 400.022 . . .
. . . See §§ 400.022-.023, Fla. Stat. (2010) (addressing residents’ rights and civil enforcement). . . .
. . . . § 400.022(4), Fla. Stat. (2013). . . .
. . . On its face, this eroded access to specific statutory remedies provided by sections 400.022 and 400.023 . . .
. . . I, section 23, as well as § 400.022(l)(m), Fla. . . .
. . . were against public policy because they eroded access to the specific remedies provided by sections 400.022 . . .
. . . . § 400.022, Fla. Stat. (2008). . . . that provides for a cause of action for negligence or a violation of the rights set forth in section 400.022 . . . death of a nursing home resident arising out of negligence or a violation of rights specified in s. 400.022 . . . This section does not preclude theories of recovery not arising out of negligence or s. 400.022 which . . .
. . . sued a nursing home, alleging a claim for violation of nursing home residents’ rights under section 400.022 . . . The relevant portion of section 400.022 gave residents [t]he right to receive adequate and appropriate . . . and recognized practice standards within the community, and with rules as adopted by the agency. § 400.022 . . . Although there may be some overlap between the [section 400.022(1)(£) ] statutory right to “receive adequate . . . compels this court to read that statute in an expansive manner to include claims filed under section 400.022 . . .
. . . provisions “directly un-derminted] specific statutory remedies created by the Legislature,” sections 400.022 . . . The resident’s bill of rights articulated in section 400.022 was backed up by the remedies, including . . .
. . . wrongful death alleging negligence and violation of a nursing home resident’s rights under sections 400.022 . . .
. . . Specifically, Kaufman alleged violations of sections 400.022(1), (2)(n), and (2)(o), Florida Statutes . . .
. . . The complaint alleged violations of Florida’s nursing home residents’ rights under sections 400.022-.023 . . .
. . . See §§ 400.022, 400.023, Fla. Stat. (2003). . . . The “Residents Rights” provisions in section 400.022 were enacted in 1980 to respond to a Dade County . . . See §§ 400.022, 400.028, Fla. Stat. (2008). . . . Manor Care, Inc., 861 So.2d 59 (Fla. 4th DCA 2003), explained succinctly: Sections 400.022 and 400.023 . . . The Nursing Home Resident’s Rights Act, section 400.022, was originally enacted after a Dade County Grand . . .
. . . including, without limitation, claims for medical negligence or violation(s) of Florida Statutes §§ 400.022 . . . See §§ 400.022, 400.023, Fla. Stat. (2003). . . . Manor Care, Inc., 861 So.2d 59 (Fla. 4th DCA 2003), explained succinctly: Sections 400.022 and 400.023 . . . The Nursing Home Resident’s Rights Act, section 400.022, was originally enacted after a Dade County Grand . . . theories or other legal theories (including, without limitation, any claim based on Florida Statutes §§ 400.022 . . .
. . . . §§ 400.022 & 400.0255, Fla. Stat. . . .
. . . (hospitals); §§ 400.0077 & 400.022(l)(m), Fla. Stat. (nursing homes); and § 456.057(7), Fla. Stat. . . .
. . . (hospitals); §§ 400.0077 & 400.022(l)(m), Fla. Stat. (nursing homes); and § 456.057(7), Fla. Stat. . . .
. . . asserts in its petition that the trial court’s order departs from the essential requirements of section 400.022 . . . Statutes, which provides that nursing home residents’ “personal and medical records” are confidential. § 400.022 . . .
. . . Murray’s nursing home residents’ rights under section 400.022, Florida Statutes (2002), as well as negligence . . .
. . . (hospitals); §§ 400.0077 & 400.022(l)(m), Fla. Stat. (nursing homes); and § 456.057(7), Fla. Stat. . . .
. . . Hicks’ rights as a resident under section 400.022, Florida Statutes (2007). . . .
. . . See §§ 400.022, .023, Fla. Stat. (2005). . . . theories or other legal theories (including, without limitation, any claim based on Florida Statutes §§ 400.022 . . . actually being used to eliminate substantive rights and remedies created by the Legislature in sections 400.022 . . . theories or other legal theories (including, without limitation, any claim based on Florida Statutes §§ 400.022 . . . including, without limitation, claims for medical negligence or violation(s) of Florida Statutes § 400.022 . . .
. . . Mikesell’s nursing home resident rights set forth in section 400.022, Florida Statutes (2001). . . .
. . . See § 400.022, Fla. Stat. (2004) (“Residents’ rights”). . . .
. . . defendants below, including claims that Jaylene had violated the rights of the decedent under section 400.022 . . .
. . . act, common law intentional battery, and violation of the Nursing Home Resident’s Rights Act (section 400.022 . . . right to refuse care that result in death; (3) it renders the NHRRA right to refuse care of section 400.022 . . .
. . . theories or other legal theories (including, without limitation, any claim based on Florida Statutes §§ 400.022 . . . including, without limitation, claims for medical negligence or violation(s) of Florida Statutes § 400.022 . . .
. . . The complaint alleged that Avante violated the patients’ resident rights guaranteed by section 400.022 . . .
. . . The “Residents Rights” provisions in section 400.022 were enacted in 1980 to respond to a Dade County . . .
. . . certified mail; return receipt requested, of an asserted violation of a resident’s rights provided in s. 400.022 . . . certified mail, return receipt requested, of an asserted violation of a resident’s rights provided in s. 400.022 . . .
. . . Villazon, 843 So.2d at 852 (citing § 400.022(1)(Z), Fla. Stat. (1997); § 400.023(1), Fla. . . .
. . . In Romano, this court found that the Nursing Home Resident’s Rights Act (NHRA), sections 400.022 and . . .
. . . Healthcare has not and has never been the licensee or manager of Glen Oaks Health Care, pursuant to § 400.022 . . .
. . . . §§ 400.022-400.023, Fla. Stat. (2001). . . .
. . . The Estate brought this action pursuant to the nursing home residents’ rights statute, section 400.022 . . .
. . . . §§ 400.022, - .023, Fla. Stat. (2001). . . . theories or other legal theories (including, without limitation, any claim based on Florida Statutes §§ 400.022 . . . including, without limitation, claims for medical negligence or violation(s) of Florida Statutes §§ 400.022 . . .
. . . As the Romano court stated: “Sections 400.022 and 400.023 are remedial statutes, designed to protect . . . The Nursing Home Resident’s Rights Act, section 400.022, was originally enacted after a Dade County Grand . . . See § 400.022(1). . . .
. . . Section 400.022, Florida Statutes (2000), guarantees residents of nursing home facilities numerous rights . . .
. . . representative, maintained it, asserting that Sunrise had violated Riva’s statutory rights under section 400.022 . . . The “Residents Rights” provisions in section 400.022 were enacted in 1980 to respond to a Dade County . . .
. . . compensatory damages for violation of the decedent’s rights, as a nursing home resident under section 400.022 . . . The Basic Standard A resident who has a cause of action against a nursing home undér section 400.022, . . .
. . . Mugridge’s rights as a nursing home resident pursuant to section 400.022, Florida Statutes (2001), and . . .
. . . fiduciary duty, and deprivations of the statutory rights of a nursing home resident provided by sections 400.022 . . .
. . . RESIDENT OF A NURSING HOME FOR ALLEGED INFRINGEMENT OF THE RESIDENT’S STATUTORY RIGHTS PROVIDED BY SECTION 400.022 . . . (l)(a), the right to organize and participate in groups in the facility, see § 400.022(l)(e), and the . . . right to manage one’s personal affairs, see § 400.022(l)(h) to name a few. . . . The resident also has the right to adequate medical care and proper treatment, see § 400.022(1)(Z) and . . . First, subsection 400.022(1)(h)(4) does not become effective until the resident dies. . . . The Residents’ Bill of Rights detailed in section 400.022, as well as the civil enforcement provision . . . statute preserved all causes of action for nonlethal violations of nursing home residents’ section 400.022 . . . Recognizing that care providers had begun asserting the defense that violations of section 400.022 could . . . designed and intended to clarify the existence of a civil cause of action for violations of section 400.022 . . . Stat. § 400.022] are deprived or infringed upon shall have a cause of action against any licensee responsible . . .
. . . explained that the Nursing Home Act created a “right to receive adequate and appropriate health care,” § 400.022 . . . and recognized practice standards within the community, and with rules as adopted by the agency,” § 400.022 . . . of chapter 766 did not apply to a lawsuit seeking to enforce only those rights enumerated in section 400.022 . . .
. . . an action against Mariner, asserting a violation of a nursing home resident’s rights under section 400.022 . . .
. . . shortly after the estate filed this lawsuit, the Legislature clarified its intent in enacting section 400.022 . . . when it amended section 400.023(2) to provide that a violation of section 400.022, Florida Statutes, . . . A violation of the rights set forth in section 400.022 or in any other standard or guidelines specified . . .
. . . Alberts’ rights as a nursing home resident under sections 400.022 and 400.023, Florida Statutes. . . . Section 400.022(2) requires that a written statement of a patient’s rights be provided “to each resident . . . From this we must conclude that the statutory rights enumerated in section 400.022 arise only as a result . . . The statutory duties under section 400.022 arose because of Mr. . . . Alberts, thus resulting in his injury, in violation of section 400.022. . . .
. . . have determined that many of the Chapter 400 rights of nursing home residents spelled out in section 400.022 . . . justifications, and loss of personal property, which are among the other rights provided in Chapter 400.022 . . .
. . . against Manor Care, the nursing home, for deprivation of the resident’s rights as set forth in sections 400.022 . . . health care and protective services, constituting a deprivation of her rights pursuant to sections 400.022 . . . Sections 400.022 and 400.023 are remedial statutes, designed to protect nursing home residents. . . . The Nursing Home Resident’s Rights Act, section 400.022, was originally enacted after a Dade County Grand . . . See § 400.022(1). . . .
. . . action against appellant, asserting claims based on negligence, wrongful death and violation of section 400.022 . . . punitive damages pursuant to the claim for violation of the nursing home residents’ bill of rights (§ 400.022 . . . Appellee’s claim for a violation of the nursing home residents’ bill of rights (§ 400.022) is controlled . . .
. . . crisis is due partly from increased civil litigation brought against nursing homes pursuant to sections 400.022 . . .
. . . legislature created a nursing home resident’s “right to receive adequate and appropriate health care,” see § 400.022 . . .
. . . . § 400.022(1)(l), Fla. Stat (1997). . . . . Section 400.022 expressly sets out a nursing home resident’s statutory rights, which include, in part . . . Section 400.022, Florida Statutes, contains a list of nursing home patients' rights, copies of which . . .
. . . importance: If a plaintiff files a lawsuit seeking to enforce only those rights enumerated in section 400.022 . . . The complaint specifically stated that it was founded on duties imposed by section 400.022. . . . Redway’s rights as a nursing home resident exclusively under section 400.022. . . . . § 400.022(1)(l), Fla. Stat. (1997) (emphasis added). . . . See § 400.022(l)(f), Fla. . . .
. . . alleged a violation of any of the statutory rights guaranteed to nursing home residents under section 400.022 . . . Section 400.022(1), Florida Statutes (1997), establishes statutory rights for nursing home residents. . . . See § 400.022(l)(O- Section 400.023, Florida Statutes (1997), provides that, (1) Any resident whose rights . . . Appellant has sufficiently alleged violations of rights which are guaranteed him under section 400.022 . . .
. . . . § 400.022 and § 400.023. [Docket No. 10]. . . . Stat. § 400.022 and § 400.023 arising out of the death of Lois Snellenberger while a resident at the . . . Stat. § 400.022 under common-law negligence and statutory claims pursuant to Fla. . . . Stat. § 400.022 regardless of whether the violations caused the resident’s death. Greenfield v. . . . Stat. § 400.022.. .by acts or omissions of defendant[.]” [Docket No. 7 ¶ 17, 20]. . . .
. . . William Householder in the Estate’s lawsuit for negligence, wrongful death, and violation of section 400.022 . . .
. . . Claimants alleging a deprivation or infringement of adequate and appropriate health care pursuant to s. 400.022 . . . Here, the nursing home statute creates a “right to receive adequate and appropriate health care,” § 400.022 . . .
. . . Jackson was denied his resident’s rights under section 400.022, Florida Statutes (2000), and consequently . . . We would note, however, that section 400.022(l)(m), Florida Statutes, creates a zone of personal privacy . . .
. . . The nursing home statute creates a “right to receive adequate and appropriate health care,” § 400.022 . . .
. . . The petitioners, defendants in an action filed pursuant to section 400.022, Florida Statutes (1997), . . . . 2d DCA 1991), we hold that a plaintiff who chooses to allege only a statutory claim under section 400.022 . . . Compare § 400.022(l)(i), Fla. Stat. (1997), with § 766.102(1), Fla. Stat. (1997). . . . Redway’s rights as a nursing home resident exclusively under section 400.022. . . . TO ENFORCE ONLY THOSE RIGHTS ENUMERATED IN SECTION 400.022, MUST THE PLAINTIFF COMPLY WITH THE PRESUIT . . .
. . . plaintiffs case focused primarily on alleged violations of the protections afforded patients under section 400.022 . . .
. . . It alleges that the Cambridge Convalescent Center violated various rights enumerated in section 400.022 . . .
. . . RESIDENT OF A NURSING HOME FOR ALLEGED INFRINGEMENT OF THE RESIDENT’S STATUTORY RIGHTS PROVIDED BY SECTION 400.022 . . .
. . . It also points to section 400.022(m), Florida Statutes, which guarantees a resident of nursing homes . . . Section 400.022(m), Florida Statutes, guarantees: The right to have privacy in treatment and in caring . . . B.J. 11 (Feb.1989) (listing patients’ rights, under § 400.022, including the right to privacy). . . .
. . . Gladstone Knowles, sued Washington Manor for violation of the Patient’s Bill of Rights under sections 400.022 . . . Section 400.022 furnishes a detailed listing of “[rjesidents’ rights.” . . . (l)(a), the right to organize and participate in groups in the facility, see § 400.022(l)(e), and the . . . right to manage one’s personal affairs, see § 400.022(l)(h) to name a few. . . . The resident also has the right to adequate medical care and proper treatment, see § 400.022(l)(i) and . . .
. . . Beverly also challenges the constitutionality of section 400.022, Florida Statutes (1993), and asserts . . . Section 400.022 also includes terms such as “adequate and appropriate health care” and the right to be . . . Beverly next challenges section 400.022 as an unconstitutional delegation of legislative authority to . . . It is this principle which we deem controlling as to section 400.022(1)(Z). . . . We determine that section 400.022(l)(i) is not an unlawful delegation of legislative authority. . . .
. . . The statutory claims were that First Healthcare violated section 400.022, Florida Statutes (1995), by . . .
. . . for violations of the statutory protections provided to nursing home residents pursuant to section 400.022 . . . The statutory rights enumerated in section 400.022 are quite wide-ranging. Mr. . . .
. . . Those rights, enumerated in section 400.022, Florida Statutes (1993), are extensive and diverse. . . . .” § 400.022(l)(n), Fla. Stat. (1993). One of the issues presented to the jury in Mr. . . . Because the various rights under section 400.022 were not individually identified on the verdict form . . .
. . . The rights protected under section 400.022 are rights that are largely personal to the resident of the . . . facility, such as the right to religious liberty, see § 400.022(1)(a), the right to organize and participate . . . in groups in the facility, see § 400.022(1)(e), and the right to manage one’s personal affairs, see . . . § 400.022(1)(h) to name a few. . . . The resident also has the right to adequate medical care and proper treatment, see § 400.022(1)(0 and . . . nursing care; count VI, breach of fiduciary duty; count VII, violations of Florida Statutes sections 400.022 . . . COUNT VII VIOLATIONS OF FLORIDA STATUTES SECTIONS 400.022 AND 400.165 Appellant’s count VII was brought . . . In this count, appellant alleged that Manor Care violated section 400.022(1)(e), Florida Statutes (1993 . . . right to bring a legal action to enforce those rights which are specifically enumerated in section 400.022 . . . not covered by the basic per diem rates and of bed reservation and refund policies of the facility. § 400.022 . . .
. . . Section 400.022, Florida Statutes (1991), sets forth the specific rights of nursing home residents. . . .
. . . ward suffered personal injury while in the care of defendant nursing home, in violation of section 400.022 . . .
. . . acting as her next friend, sued Brookwood on her behalf for negligence and for violation of section 400.022 . . .
. . . makes clear that any cause of action arising from a violation of the rights afforded patients under § 400.022 . . .
. . . Inc., and Care Management, Inc., are defendants in an action based on alleged violations of section 400.022 . . . opined that the Petitioners had failed to provide adequate nursing home care as required by section 400.022 . . . The trial court granted the motion and found that under section 400.022 a claim for punitive damages . . . section 400.023 should be interpreted to allow recovery of punitive damages for any violation of section 400.022 . . . punitive damages for any deprivation or infringement on the rights of a resident” provided for in section 400.022 . . .
. . . . § 400.022 and 400.023, Fla.Stat. (1991). . . . . However, nursing home residents’ medical records are also afforded privileged status by § 400.022(l)( . . .
. . . Count I of the complaint alleges simple negligence, and count II alleges a violation of section 400.022 . . .
. . . , punitive damages, costs, and attorney’s fees, based upon Uni-care’s alleged violation of sections 400.022 . . . provides in pertinent part that [a]ny plaintiff who prevails in any such action [for violation of section 400.022 . . . contends, he prevailed on count three and is eligible to recover attorney’s fees pursuant to sections 400.022 . . . ’s fees, we need not determine whether Hoak was a “prevailing party” within the meaning of sections 400.022 . . . Section 400.022, Florida Statutes (1983), provides a series of rights for residents of licensed nursing . . .
. . . attorneys fees and costs based upon appellee’s violation of appellant’s rights guaranteed under sections 400.022 . . . that a nursing home resident may maintain a cause of action to enforce rights guaranteed under section 400.022 . . .
. . . Appellant now asserts that the breach of contract stemmed from a failure to comply with Section 400.022 . . . of contract did not rest on this basis and the possibility of breach by noncompliance with Section 400.022 . . .