The decision to put a loved one in a nursing home is undoubtedly a difficult one. When you finally make such a decision, you expect that your loved one will receive adequate care. Sadly, this does not always happen. In fact, nursing home negligence and abuse is quite common both in Florida and across the US. Whether you are a nursing home resident or your loved one has been injured while in the care of a nursing home facility, we are here to help. Our Miami nursing home negligence attorneys are devoted to protecting the rights of Florida clients. We know how overwhelming it can be dealing with a nursing home injury, but you can trust that we will focus on the legalities of your case so you can focus on moving forward.
In Carpenters Home Estates v. Sanders, the estate of a deceased woman filed a wrongful death lawsuit against the nursing home alleging that the nursing home’s negligence was the cause of the woman dying. Some time after the complaint was filed, the estate asked the court for leave to amend the complaint in order to add a claim for punitive damages. The trial court allowed the plaintiff to do so, and the defendant nursing home filed an appeal.
The appellate court reversed the trial court’s decision to permit the estate to pursue punitive damages, reasoning that when a plaintiff asks for leave to add a claim for punitive damages, the lower court is required to decide whether there is a showing of admissible evidence that provides a reasonable basis to recover such damages. A plaintiff, according to the court, can show this by establishing one of two things: direct liability or vicarious liability.