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Are nursing home cases considered malpractice? | Law Office of Jay Calvert Cooper, P.A. | Florida Board Certified Civil Trial Specialist. Over 29 years of jury trial experience. | http://www.jaycooperlaw.com/ | Toll Free: (855) 346-5897 | 2036 McGregor Blvd., Ft. Myers, Florida 33901


Nursing home neglect and abuse cases are not medical malpractice cases. Nursing home neglect and abuse cases are brought under Chapter 400 Florida Statutes, which is the residents rights law that applies to assisted living facilities and nursing homes, skilled nursing homes. Medical malpractice on the other hand involves doctors and hospitals. A different standard of care, a different level of proof. While nursing home cases are significant and complex and time consuming. They don't involve the same type of proof that's necessary in a medical malpractice action. That's good news for residents and their families, because the burden of proof in a medical malpractice action is much higher, much more expensive to meet and takes a lot longer to resolve than in a nursing home negligence context.