Order Allow,Deny Deny from all Can I still sue a nursing home on behalf of my loved one if they passed away? | Jay Cooper Law Office

Attorney at Law since 1986

Florida Circuit Civil Mediator & Qualified Arbitrator


Toll Free (855) 346-5897

In nursing home litigation, a wrongful death action can be brought by the personal representative of the estate. A wrongful death action can be brought by a survivor. That is, somebody who say, lost a parent in a nursing home. In nursing home litigation under chapter 400, there are no real prohibitions against a person bringing a wrongful death action in terms of the status of the person bringing the claim. Contrast that with the medical malpractice case, if someone is killed as the result of negligence in the hospital, and they don’t have a surviving spouse, the case dies with them. In a nursing home situation, you have an elderly resident, 80, 90 years old, there was negligence that causes a wrongful death, the 50 and 60 year old adult children of that nursing home resident still have a viable case under Florida law.