Practicing Law With a Passion for the Rights of the Individual

Case:
Youngblood vs. Halifax Convalescent Center
Plaintiff:
Defendant:
Date:
Jan 23, 2004
Amount:
Location:
Florida
Alleged Injuries:
Description:

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.