The Florida Bar Journal recently published an article written by firm attorney Stephen P. Smith titled ‘Pursuit of Ch. 415 Neglect or Abuse of a Vulnerable Adult Claims Against Hospitals in Florida.’
The article focuses on the Florida law that provides statutory causes of action for medical malpractice (F.S. Ch. 766) and neglect of a vulnerable person (Ch. 415) and discusses efforts by injured patients to recover against hospitals under Ch. 415 rather than Ch. 766.
Specifically, the article addresses 1) whether a Ch. 415 neglect of a vulnerable adult claim is an available remedy for a patient to pursue recovery against a hospital; and 2) if so, what actions by the hospital or its staff can serve as a foundation for a patient’s Ch. 415 claim.
Stephen practices in the areas of medical malpractice, healthcare litigation and commercial litigation in state and federal courts.
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