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In
a landmark decision, the Fifth District
Court of Appeals established the right
of a personal representative to bring
a lawsuit against a nursing home on
behalf of a deceased resident. Before
this decision, a deceased nursing
home resident had limited protection
to bring forth in a lawsuit if the
nursing home's behavior did not contribute
to the resident's death.
The Court also held
that a plaintiff need not establish
evidence “beyond gross”
negligence to establish liability
for punitive damages. Further, the
Court granted a new trial based on
the defense's exercise of preemptory
strikes against the only two African
Americans on the jury venire. Nursing home neglect attorneys from Wilkes
& McHugh, P.A. handled the appeal.
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