Order Allow,Deny Deny from all Will my Florida nursing home abuse case get to trial? | Jay Cooper Law Office

Attorney at Law since 1986

Florida Circuit Civil Mediator & Qualified Arbitrator


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All cases that are filed as lawsuits have a potential to go to trial. In my experience, nursing home cases have a certain hook to them, a certain dynamic that keeps a lot of them out of the courthouse. The dynamic that they have is this: we are probably the first generation that has really had to grapple with what do you do with mom or dad or your siblings or your friends when no one can take care of them anymore because they can’t provide them 24 hour care. That’s when people go into nursing homes. We have a situation in our society with a lot of adult children, 50’s and 60’s, who have mom or dad in a nursing home and they’re in their 70’s and their 80’s and bad things happen. That’s the dynamic I’m talking about.

There is a certain appeal of these types of cases to the general venire, to the people who come down and sit on a jury, and because this is an issue, resident care and care of the elderly, with so many people it tends to keep these cases out of trials. These cases tend to settle because the defendants are concerned that, in fact, they’re going to get clobbered because it’s somebody’s mother or father that’s involved. Even though people are told to decide cases not based on prejudice or sympathy or what’s going on in their own worlds, your everyday juror has the same dynamics going on at home and they’re liable to embrace the plaintiff’s case and hammer the nursing home.