Texas and Florida lead the country in lawsuits against nursing homes, and the typical Florida nursing home abuse lawyer is often in high demand. In the state, aggressive litigators will advertise on billboards and commercial breaks, offering to assist those potentially suffering from nursing home abuse.

However, though this scenario could seem like an example of American litigation-frenzy gone overboard, it's also led to major changes in the Florida nursing home industry. Nursing homes are literally shaking in their boots as they clean up their acts and make significant improvements to their levels of care. Instances of reported abuses are down and state homes are scoring higher on inspections.

So, why the increase in lawsuits?

Until changes are made to the laws in Florida, the number of abuse, negligence and accident lawsuits filed on nursing homes will continue to rise. As a result, nursing home operators and workers must be extra diligent to avoid any form of potential lawsuit. To do so, they're making significant improvements.

So, if improvements are being made in senior care, then why are lawsuits on the rise? One significant factor is the recent passage of several Florida state statutes that permit a Florida nursing home abuse lawyer (the plaintiffs' attorney) to be awarded their legal fees if a nursing home or assisted living facility is found to have violated a senior resident's rights.

And though these laws were passed with the best intentions as a way to protect seniors and ensure they receive proper representation, they have been distorted by several lawyers who profit from what is now an industry. As you walk down the streets of Tampa Bay, which are flooded for ads for attorneys to represent you in nursing home cases, you can see that there is clearly a dollar to be made.

What does all this mean for nursing homes?

The recent increase of residents' rights-related lawsuits has forced some nursing homes into financial troubles or they have been pressed to increase costs after being unable to obtain liability coverage at an affordable cost.

What does all this mean for nursing home residents?

As insurance and litigation costs rise for Florida nursing homes, those costs are then passed on to residents and their families. Whether it's in the form of higher per diems or initiation fees, the added expenses fall on the shoulders of residents and their loved ones.

What is Chapter 400?

Chapter 400 is a Florida statute designed and written to protect the residents of retirement and nursing homes. It's essentially a clear list that safeguards a resident's rights such as financial rights, civil rights, religious rights and privacy rights along with freedom from abuse and other personal infringements.

Chapter 400 is clearly a necessary statute to protect elderly residents from abuses. It should be read and understood by every Florida nursing home abuse lawyer, along with all nursing home operators and employees in the state.