Elder Abuse Laws in Florida

by Bonner Law | Jul 14, 2020 | Legal Questions/Issues

Sadly, elder abuse and neglect is not uncommon.  While a majority of elder abusers are relatives of the vulnerable older adult, Skilled Nursing Facilities, Adult Living Facilities and Acute Care Hospitals account for a significant portion abuse and neglect cases.   To address Elder Abuse, Florida has adopted the Adult Protective Services Act which states that “[a] vulnerable adult who has been abused, neglected, or exploited” may bring a cause of action against the perpetrator “and may recover actual and punitive damages for such abuse, neglect, or exploitation.” Fla. Stat. § 415.1111. Pursuant to Florida Statute 415.102(28), a “vulnerable adult” is...

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Who Can Obtain Medical Records After the Death of a Hospital Patient in Florida?

by Bonner Law | Jun 16, 2020 | Legal Questions/Issues

Following the death of a hospital patient, the family members of the deceased may have questions regarding the death and wish to see a copy of their deceased family member’s medical records.  Pursuant to Florida Statute §395.3025, “any licensed [medical] facility shall, upon request” provide a copy of the deceased patient’s medical records to the Personal Representative of the deceased patient.[i]  This Florida law is consistent with HIPAA (Health Insurance Portability and Accountability Act) which states that if a person “has authority to act on behalf of a deceased individual or of the individual’s estate,” such person shall have access...

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Wrongful Birth Claims in Florida

by Bonner Law | Jun 14, 2020 | Legal Questions/Issues

[caption id="attachment_272" align="alignnone" width="200"] Portrait of girl smiling[/caption] The State of Florida does not recognize “Wrongful Life” as a cause of action, explaining that “the relative value of human existence over human nonexistence is not a matter cognizable under Florida tort law.  There is no right to remain unborn.” Kush v. Lloyd, 616 So. 2d 415, 423 (Fla. 1992).  However, Florida does recognize “Wrongful Birth” as a cause of action. A Wrongful Birth claim is brought by parents of a child born with a genetic or congenital disease claiming that had their physician warned them about the genetic or congenital...

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